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Capital IconMinnesota Legislature

HF 1670

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/12/2021 05:03pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/25/2021
1st Engrossment Posted on 04/12/2021

Current Version - 1st Engrossment

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A bill for an act
relating to labor and industry; appropriating money for labor and industry and the
Bureau of Mediation Services; making policy changes to labor and industry
programs; providing earned sick and safe time leave; providing emergency leave
for essential workers; establishing an emergency rehire and retention program;
establishing safe workplaces for meat and poultry processing workers; providing
penalties; authorizing rulemaking; classifying data; requiring reports; amending
Minnesota Statutes 2020, sections 13.7905, subdivision 6, by adding a subdivision;
177.24, by adding a subdivision; 177.27, subdivisions 2, 4, 7; 178.012, subdivision
1; 179A.10, subdivisions 2, 3; 181.53; 181.939; 181.940, subdivisions 2, 3; 181.942,
subdivision 1; 182.66, by adding a subdivision; 182.666, subdivisions 1, 2, 3, 4,
5, by adding a subdivision; 326B.07, subdivision 1; 326B.092, subdivision 7;
326B.0981, subdivision 4; 326B.106, subdivision 1; 326B.89, subdivisions 1, 5,
9; Laws 2019, First Special Session chapter 7, article 1, section 3, subdivision 4;
proposing coding for new law in Minnesota Statutes, chapters 177; 179; 181; 181A;
299F; repealing Minnesota Statutes 2020, sections 181.9413; 181.9414; Minnesota
Rules, part 5200.0080, subpart 7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

APPROPRIATIONS

Section 1. new text beginLABOR AND INDUSTRY AND BUREAU OF MEDIATION SERVICES
APPROPRIATIONS.
new text end

new text begin (a) The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated for
each purpose. The figures "2022" and "2023" used in this article mean that the appropriations
listed under them are available for the fiscal year ending June 30, 2022, or June 30, 2023,
respectively. "The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The
biennium" is fiscal years 2022 and 2023.
new text end

new text begin (b) If an appropriation in this article is enacted more than once in the 2021 regular or
special legislative session, the appropriation must be given effect only once.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2022
new text end
new text begin 2023
new text end

Sec. 2. new text beginDEPARTMENT OF LABOR AND
INDUSTRY
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 32,558,000
new text end
new text begin $
new text end
new text begin 32,742,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2022
new text end
new text begin 2023
new text end
new text begin General
new text end
new text begin 6,320,000
new text end
new text begin 6,604,000
new text end
new text begin Workers'
Compensation
new text end
new text begin 22,991,000
new text end
new text begin 22,991,000
new text end
new text begin Workforce
Development
new text end
new text begin 3,247,000
new text end
new text begin 3,147,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin General Support
new text end

new text begin 6,515,000
new text end
new text begin 6,515,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 476,000
new text end
new text begin 476,000
new text end
new text begin Workers'
Compensation
new text end
new text begin 6,039,000
new text end
new text begin 6,039,000
new text end

new text begin $476,000 each year is for system upgrades.
This appropriation is available until June 30,
2023. The base amount in fiscal year 2024 is
zero. This appropriation includes funds for
information technology project services and
support subject to Minnesota Statutes, section
16E.0466. Any ongoing information
technology costs must be incorporated into
the service level agreement and must be paid
to the Office of MN.IT Services by the
commissioner of labor and industry under the
rates and mechanism specified in that
agreement.
new text end

new text begin Subd. 3. new text end

new text begin Labor Standards and Apprenticeship
new text end

new text begin 7,391,000
new text end
new text begin 7,675,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 5,644,000
new text end
new text begin 5,928,000
new text end
new text begin Workforce
Development
new text end
new text begin 1,747,000
new text end
new text begin 1,747,000
new text end

new text begin (a) $2,046,000 each year is for wage theft
prevention.
new text end

new text begin (b) $151,000 each year is from the workforce
development fund for prevailing wage
enforcement.
new text end

new text begin (c) $1,271,000 each year is from the workforce
development fund for the apprenticeship
program under Minnesota Statutes, chapter
178.
new text end

new text begin (d) $100,000 each year is from the workforce
development fund for labor education and
advancement program grants under Minnesota
Statutes, section 178.11, to expand and
promote registered apprenticeship training for
minorities and women.
new text end

new text begin (e) $225,000 each year is from the workforce
development fund for grants to the
Construction Careers Foundation for the
Helmets to Hard Hats Minnesota initiative.
Grant funds must be used to recruit, retain,
assist, and support National Guard, reserve,
and active duty military members' and
veterans' participation into apprenticeship
programs registered with the Department of
Labor and Industry and connect them with
career training and employment in the building
and construction industry. The recruitment,
selection, employment, and training must be
without discrimination due to race, color,
creed, religion, national origin, sex, sexual
orientation, marital status, physical or mental
disability, receipt of public assistance, or age.
This is a onetime appropriation.
new text end

new text begin (f) $84,000 the first year and $34,000 the
second year are for outreach and enforcement
efforts related to changes to the parenting
leave and accommodation law.
new text end

new text begin (g) $84,000 the first year and $34,000 the
second year are for outreach and enforcement
efforts related to changes to the Women's
Economic Security Act.
new text end

new text begin (h) $1,306,000 the first year and $1,941,000
the second year are for earned sick and safe
time compliance and enforcement efforts
under Minnesota Statutes, sections 181.9445
to 181.9448, and chapter 177. The base
amount in fiscal years 2024 and 2025 is
$1,631,000.
new text end

new text begin (i) $300,000 each year is for earned sick and
safe time grants to community organizations
under Minnesota Statutes, section 177.50,
subdivision 4.
new text end

new text begin (j) $131,000 the first year and $27,000 the
second year are for purposes of implementing
the Emergency Rehire and Retention Law.
The base amount in fiscal year 2024 and after
is zero.
new text end

new text begin (k) $344,000 the first year and $147,000 the
second year are for the purposes of the Safe
Workplaces for Meat and Poultry Processing
Workers Act under Minnesota Statutes,
sections 179.87 to 179.8757.
new text end

new text begin Subd. 4. new text end

new text begin Workers' Compensation
new text end

new text begin 11,882,000
new text end
new text begin 11,882,000
new text end

new text begin This appropriation is from the workers'
compensation fund.
new text end

new text begin Subd. 5. new text end

new text begin Workplace Safety
new text end

new text begin 5,070,000
new text end
new text begin 5,070,000
new text end

new text begin This appropriation is from the workers'
compensation fund.
new text end

new text begin Subd. 6. new text end

new text begin Workforce Development Initiatives
new text end

new text begin 1,700,000
new text end
new text begin 1,600,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 200,000
new text end
new text begin 200,000
new text end
new text begin Workforce
Development
new text end
new text begin 1,500,000
new text end
new text begin 1,400,000
new text end

new text begin (a) $200,000 each year is for identification of
competency standards under Minnesota
Statutes, section 175.45.
new text end

new text begin (b) $1,100,000 each year is from the
workforce development fund for the youth
skills training grants under Minnesota Statutes,
section 175.46. Of this amount, $100,000 each
year is for administration of the program.
new text end

new text begin (c) $300,000 each year is from the workforce
development fund for the pipeline program.
new text end

new text begin (d) $100,000 the first year is from the
workforce development fund for the Career
Pathway Demonstration Program under article
2, section 30, for a grant to Independent
School District No. 294, Houston, for the
Minnesota Virtual Academy's career pathway
program with Operating Engineers Local 49.
The program may include up to five semesters
of courses and must lead to eligibility into the
Operating Engineers Local 49 apprenticeship
program. The grant may be used to encourage
and support student participation in the career
pathway program through additional academic,
counseling, and other support services
provided by the student's enrolling school
district. The Minnesota Virtual Academy may
contract with a student's enrolling school
district to provide these services. The
appropriation is available until June 30, 2023.
new text end

Sec. 3. new text beginWORKERS' COMPENSATION COURT
OF APPEALS
new text end

new text begin $
new text end
new text begin 2,283,000
new text end
new text begin $
new text end
new text begin 2,283,000
new text end

new text begin This appropriation is from the workers'
compensation fund.
new text end

Sec. 4. new text beginBUREAU OF MEDIATION SERVICES
new text end

new text begin $
new text end
new text begin 2,805,000
new text end
new text begin $
new text end
new text begin 2,850,000
new text end

new text begin (a) $68,000 each year is for grants to area
labor management committees. Grants may
be awarded for a 12-month period beginning
July 1 each year. Any unencumbered balance
remaining at the end of the first year does not
cancel but is available for the second year.
new text end

new text begin (b) $560,000 each year is for purposes of the
Public Employment Relations Board under
Minnesota Statutes, section 179A.041.
new text end

new text begin (c) $47,000 each year is for rulemaking,
staffing, and other costs associated with peace
officer grievance procedures.
new text end

Sec. 5. new text beginMINNESOTA MANAGEMENT AND
BUDGET
new text end

new text begin $
new text end
new text begin 3,000
new text end
new text begin $
new text end
new text begin -0-
new text end

new text begin $3,000 the first year is for printing costs
associated with earned sick and safe time. This
is a onetime appropriation.
new text end

Sec. 6. new text beginATTORNEY GENERAL
new text end

new text begin $
new text end
new text begin 222,000
new text end
new text begin $
new text end
new text begin 222,000
new text end

new text begin $222,000 each year is for enforcement of the
Safe Workplaces for Meat and Poultry
Processing Workers Act under Minnesota
Statutes, sections 179.87 to 179.8757.
new text end

Sec. 7. new text beginCANCELLATION; FISCAL YEAR 2021.
new text end

new text begin (a) $203,000 of the fiscal year 2021 general fund appropriation under Laws 2019, First
Special Session chapter 7, article 1, section 3, subdivision 2, is canceled.
new text end

new text begin (b) $102,000 of the fiscal year 2021 general fund appropriation under Laws 2019, First
Special Session chapter 7, article 1, section 5, is canceled.
new text end

Sec. 8.

Laws 2019, First Special Session chapter 7, article 1, section 3, subdivision 4, is
amended to read:


Subd. 4.

Workers' Compensation

14,882,000
11,882,000

$3,000,000 the first year is from the workers'
compensation fund for workers' compensation
system upgrades. This amount is available
until June 30, deleted text begin2021deleted text endnew text begin 2023new text end. This is a onetime
appropriation.

ARTICLE 2

LABOR AND INDUSTRY POLICY

Section 1.

Minnesota Statutes 2020, section 13.7905, subdivision 6, is amended to read:


Subd. 6.

Occupational safety and health.

new text begin(a) new text endCertain data gathered or prepared by the
commissioner of labor and industry as part of occupational safety and health inspections or
reports are classified under sections 182.659, subdivision 8, 182.663, subdivision 4, and
182.668, subdivision 2.

new text begin (b) Certain data gathered or prepared by the commissioner of labor and industry as part
of occupational safety and health citations are classified under section 182.66, subdivision
4.
new text end

Sec. 2.

Minnesota Statutes 2020, section 13.7905, is amended by adding a subdivision to
read:


new text begin Subd. 8. new text end

new text begin Data on individuals who are minors. new text end

new text begin Disclosure of data on minors is governed
by section 181A.112.
new text end

Sec. 3.

Minnesota Statutes 2020, section 177.24, is amended by adding a subdivision to
read:


new text begin Subd. 3a. new text end

new text begin Gratuities; credit cards or charges. new text end

new text begin (a) Gratuities received by an employee
through a debit, charge, or credit card payment shall be credited to that pay period in which
they are received by the employee.
new text end

new text begin (b) Where a gratuity is received by an employee through a debit, charge, or credit card
payment, the full amount of gratuity indicated in the payment must be distributed to the
employee for the pay period in which it is received and no later than the next scheduled pay
period.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 4.

Minnesota Statutes 2020, section 177.27, subdivision 4, is amended to read:


Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275,
subdivision 2a
, 181.722, 181.79, deleted text beginanddeleted text end 181.939 to 181.943, new text beginand 181.987, new text endor with any rule
promulgated under section 177.28. The commissioner shall issue an order requiring an
employer to comply with sections 177.41 to 177.435new text begin or 181.987new text end if the violation is repeated.
For purposes of this subdivision only, a violation is repeated if at any time during the two
years that preceded the date of violation, the commissioner issued an order to the employer
for violation of sections 177.41 to 177.435new text begin or 181.987new text end and the order is final or the
commissioner and the employer have entered into a settlement agreement that required the
employer to pay back wages that were required by sections 177.41 to 177.435. The
department shall serve the order upon the employer or the employer's authorized
representative in person or by certified mail at the employer's place of business. An employer
who wishes to contest the order must file written notice of objection to the order with the
commissioner within 15 calendar days after being served with the order. A contested case
proceeding must then be held in accordance with sections 14.57 to 14.69. If, within 15
calendar days after being served with the order, the employer fails to file a written notice
of objection with the commissioner, the order becomes a final order of the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 15, 2021.
new text end

Sec. 5.

Minnesota Statutes 2020, section 178.012, subdivision 1, is amended to read:


Subdivision 1.

Apprenticeship rules.

Federal regulations governing apprenticeship in
effect on deleted text beginJuly 1, 2013deleted text endnew text begin January 18, 2017new text end, as provided by Code of Federal Regulations, title
29, deleted text beginpartdeleted text endnew text begin partsnew text end 29, sections 29.1 to 29.6 and 29.11,new text begin and 30,new text end are the apprenticeship rules in
this state, subject to amendment by this chapter or by rule under section 178.041.

Sec. 6.

Minnesota Statutes 2020, section 179A.10, subdivision 2, is amended to read:


Subd. 2.

State employees.

Unclassified employees, unless otherwise excluded, are
included within the units which include the classifications to which they are assigned for
purposes of compensation. Supervisory employees shall only be assigned to units 12 deleted text beginanddeleted text endnew text begin,new text end
16new text begin, and 18new text end. The following are the appropriate units of executive branch state employees:

(1) law enforcement unit;

(2) craft, maintenance, and labor unit;

(3) service unit;

(4) health care nonprofessional unit;

(5) health care professional unit;

(6) clerical and office unit;

(7) technical unit;

(8) correctional guards unit;

(9) state university instructional unit;

(10) state college instructional unit;

(11) state university administrative unit;

(12) professional engineering unit;

(13) health treatment unit;

(14) general professional unit;

(15) professional state residential instructional unit;

(16) supervisory employees unit; deleted text beginand
deleted text end

(17) public safety radio communications operator unitdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (18) law enforcement supervisors unit.
new text end

Each unit consists of the classifications or positions assigned to it in the schedule of
state employee job classification and positions maintained by the commissioner. The
commissioner may only make changes in the schedule in existence on the day prior to
August 1, 1984, as required by law or as provided in subdivision 4.

Sec. 7.

Minnesota Statutes 2020, section 179A.10, subdivision 3, is amended to read:


Subd. 3.

State employee severance.

Each of the following groups of employees has the
right, as specified in this subdivision, to separate from the general professional, health
treatment, or general supervisory units provided for in subdivision 2: attorneys, physicians,new text begin
and
new text end professional employees of the Minnesota Office of Higher Education who are
compensated under section 43A.18, subdivision 4deleted text begin, State Patrol-supervisors, enforcement
supervisors employed by the Department of Natural Resources, and criminal apprehension
investigative-supervisors
deleted text end. This right must be exercised by petition during the 60-day period
commencing 270 days prior to the termination of a contract covering the units. If one of
these groups of employees exercises the right to separate from the units they have no right
to meet and negotiate, but retain the right to meet and confer with the commissioner of
management and budget and with the appropriate appointing authority on any matter of
concern to them. The right to separate must be exercised as follows: An employee
organization or group of employees claiming that a majority of any one of these groups of
employees on a statewide basis wish to separate from their units may petition the
commissioner for an election during the petitioning period. If the petition is supported by
a showing of at least 30 percent support for the petitioner from the employees, the
commissioner shall hold an election to ascertain the wishes of the majority with respect to
the issue of remaining within or severing from the units provided in subdivision 2. This
election must be conducted within 30 days of the close of the petition period. If a majority
of votes cast endorse severance from the unit in favor of separate meet and confer status
for any one of these groups of employees, the commissioner shall certify that result. This
election, where not inconsistent with other provisions of this section, is governed by section
179A.12. If a group of employees elects to sever, the group may rejoin that unit by following
the same procedures specified above for severance, but may only do so during the periods
provided for severance.

Sec. 8.

Minnesota Statutes 2020, section 181.53, is amended to read:


181.53 CONDITIONS PRECEDENT TO EMPLOYMENT NOT REQUIRED.

new text begin (a) new text endNo person, whether acting directly or through an agent, or as the agent or employee
of another, shall require as a condition precedent to employment any written statement as
to the participation of the applicant in a strike, or as to a personal record, for more than one
year immediately preceding the date of application; nor shall any person, acting in any of
these capacities, use or require blanks or forms of application for employment in
contravention of this section. Nothing in this section precludes an employer from requesting
or considering an applicant's criminal history pursuant to section 364.021 or other applicable
law.

new text begin (b) Except as provided in paragraph (c), no person or employer, whether acting directly
or through an agent, shall seek to obtain; require consent to a request for; or use an employee
or prospective employee's credit information, including the employee or prospective
employee's credit score, credit history, credit account balances, payment history, savings
or checking account balances, or savings or checking account numbers:
new text end

new text begin (1) as a condition precedent to employment;
new text end

new text begin (2) as a basis for hiring, compensation, or any other term, privilege, or condition of
employment; or
new text end

new text begin (3) as a basis for discharge or any other adverse employment action.
new text end

new text begin (c) Paragraph (b) does not apply if:
new text end

new text begin (1) the information sought is required by a state or federal law or regulation;
new text end

new text begin (2) the employer or prospective employer is a financial institution or a credit union;
new text end

new text begin (3) the employer or prospective employer has a bona fide business purpose for requesting
the information that is substantially related to the employee or prospective employee's
position; or
new text end

new text begin (4) the employee or prospective employee's position:
new text end

new text begin (i) is a managerial position that involves setting the financial direction or control of the
employer or prospective employer;
new text end

new text begin (ii) involves routine access to confidential financial and personal information, other than
information customarily provided in a routine retail transaction;
new text end

new text begin (iii) involves regular access to cash totaling $10,000 or more of the employer, the
prospective employer, a customer, or a client;
new text end

new text begin (iv) is a peace officer; or
new text end

new text begin (v) requires a financial fiduciary responsibility to the employer, the prospective employer,
a customer, or a client, including the authority to issue payments, collect debts, transfer
money, or enter into contracts.
new text end

new text begin (d) In addition to any remedies otherwise provided by law, an employee or prospective
employee injured by a violation of paragraph (b) may bring a civil action to recover any
and all damages recoverable at law, together with costs and disbursements, including
reasonable attorney fees, and may receive such injunctive and other equitable relief as
determined by the court. If the district court determines that a violation of paragraph (b)
occurred, the court may order any appropriate relief, including but not limited to
reinstatement, back pay, restoration of lost service credit if appropriate, compensatory
damages, and the expungement of any adverse records of an employee or prospective
employee who was the subject of the alleged acts of misconduct.
new text end

Sec. 9.

Minnesota Statutes 2020, section 181.939, is amended to read:


181.939 NURSING MOTHERSnew text begin, LACTATING EMPLOYEES, AND PREGNANCY
ACCOMMODATIONS
new text end.

new text begin Subdivision 1. new text end

new text begin Nursing mothers. new text end

(a) An employer must provide reasonable deleted text beginunpaiddeleted text end
break deleted text begintimedeleted text endnew text begin timesnew text end each day to an employee who needs to express breast milk deleted text beginfor her infant
child
deleted text end. The break deleted text begintime must, if possible,deleted text endnew text begin times maynew text end run concurrently with any break deleted text begintimedeleted text endnew text begin
times
new text end already provided to the employee. deleted text beginAn employer is not required to provide break time
under this section if to do so would unduly disrupt the operations of the employer.
deleted text endnew text begin An
employer shall not reduce an employee's compensation for time used for the purpose of
expressing milk.
new text end

(b) The employer must make reasonable efforts to provide a room or other location, in
close proximity to the work area, other than a bathroom or a toilet stall, that is shielded from
view and free from intrusion from coworkers and the public and that includes access to an
electrical outlet, where the employee can express deleted text beginherdeleted text end milk in privacy. The employer would
be held harmless if reasonable effort has been made.

new text begin Subd. 2. new text end

new text begin Pregnancy accommodations. new text end

new text begin (a) An employer must provide reasonable
accommodations to an employee for health conditions related to pregnancy or childbirth
upon request, with the advice of a licensed health care provider or certified doula, unless
the employer demonstrates that the accommodation would impose an undue hardship on
the operation of the employer's business. A pregnant employee is not required to obtain the
advice of a licensed health care provider or certified doula, nor may an employer claim
undue hardship for the following accommodations: (1) more frequent restroom, food, and
water breaks; (2) seating; and (3) limits on lifting over 20 pounds. The employee and
employer shall engage in an interactive process with respect to an employee's request for a
reasonable accommodation. Reasonable accommodation may include but is not limited to
temporary transfer to a less strenuous or hazardous position, seating, frequent restroom
breaks, and limits to heavy lifting. Notwithstanding any other provision of this subdivision,
an employer is not required to create a new or additional position in order to accommodate
an employee pursuant to this subdivision and is not required to discharge an employee,
transfer another employee with greater seniority, or promote an employee.
new text end

new text begin (b) Nothing in this subdivision shall be construed to affect any other provision of law
relating to sex discrimination or pregnancy or in any way diminish the coverage of pregnancy,
childbirth, or health conditions related to pregnancy or childbirth under any other provisions
of any other law.
new text end

new text begin (c) An employer shall not require an employee to take a leave or accept an
accommodation.
new text end

new text begin Subd. 3. new text end

new text begin Employer. new text end

deleted text begin(c)deleted text end For the purposes of this section, "employer" means a person or
entity that employs one or more employees and includes the state and its political
subdivisions.

new text begin Subd. 4. new text end

new text begin No employer retribution. new text end

deleted text begin(d)deleted text end An employer deleted text beginmaydeleted text endnew text begin shallnew text end not retaliate against an
employee for asserting rights or remedies under this section.

Sec. 10.

Minnesota Statutes 2020, section 181.940, subdivision 2, is amended to read:


Subd. 2.

Employee.

"Employee" means a person who performs services for hire for an
employer from whom a leave is requested under sections 181.940 to 181.944 for:

(1) at least deleted text begin12 monthsdeleted text endnew text begin 90 daysnew text end preceding the request; and

(2) for an average number of hours per week equal to one-half the full-time equivalent
position in the employee's job classification as defined by the employer's personnel policies
or practices or pursuant to the provisions of a collective bargaining agreement, during the
deleted text begin 12-monthdeleted text endnew text begin 90-daynew text end period immediately preceding the leave.

Employee includes all individuals employed at any site owned or operated by the
employer but does not include an independent contractor.

Sec. 11.

Minnesota Statutes 2020, section 181.940, subdivision 3, is amended to read:


Subd. 3.

Employer.

"Employer" means a person or entity that employs deleted text begin21deleted text endnew text begin onenew text end or more
employees deleted text beginat at least one site, except that, for purposes of the school leave allowed under
section 181.9412, employer means a person or entity that employs one or more employees
in Minnesota. The term
deleted text endnew text begin andnew text end includes an individual, corporation, partnership, association,
nonprofit organization, group of persons, state, county, town, city, school district, or other
governmental subdivision.

Sec. 12.

new text begin [181.987] USE OF SKILLED AND TRAINED CONTRACTOR
WORKFORCES AT OIL REFINERIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Contractor" means a vendor that enters into or seeks to enter into a contract with
an owner or operator of an oil refinery to perform construction, alteration, demolition,
installation, repair, maintenance, or hazardous material handling work at the site of the oil
refinery. Contractor includes all contractors or subcontractors of any tier performing work
as described in this paragraph at the site of the oil refinery. Contractor does not include
employees of the owner or operator of an oil refinery.
new text end

new text begin (c) "Registered apprenticeship program" means an apprenticeship program registered
with the Department of Labor and Industry under chapter 178 or with the United States
Department of Labor Office of Apprenticeship or a recognized state apprenticeship agency
under Code of Federal Regulations, title 29, parts 29 and 30.
new text end

new text begin (d) "Skilled and trained workforce" means a workforce in which a minimum of 85 percent
of the employees of the contractor or subcontractor of any tier working at the site of the oil
refinery meet one of the following criteria:
new text end

new text begin (1) are currently registered as apprentices in a registered apprenticeship program in the
applicable trade;
new text end

new text begin (2) have graduated from a registered apprenticeship program in the applicable trade; or
new text end

new text begin (3) have completed all of the classroom training and work hour requirements needed to
graduate from the registered apprenticeship program their employer participates in.
new text end

new text begin Subd. 2. new text end

new text begin Use of contractors by owner, operator; requirement. new text end

new text begin (a) An owner or operator
of an oil refinery shall, when contracting with contractors for the performance of construction,
alteration, demolition, installation, repair, maintenance, or hazardous material handling
work at the site of the oil refinery, require that the contractors performing that work, and
any subcontractors of any tier, use a skilled and trained workforce when performing all
work at the site of the oil refinery.
new text end

new text begin (b) The requirement under this subdivision applies only when each contractor and
subcontractor of any tier is performing work at the site of the oil refinery.
new text end

new text begin Subd. 3. new text end

new text begin Penalties. new text end

new text begin The Division of Labor Standards shall receive complaints of violations
of this section. The commissioner of labor and industry shall fine an owner, operator,
contractor, or subcontractor of any tier not less than $5,000 nor more than $10,000 for each
violation of the requirements in this section. Each shift on which a violation of this section
occurs shall be considered a separate violation. This penalty is in addition to any penalties
provided under section 177.27, subdivision 7. In determining the amount of a civil penalty
under this subdivision, the appropriateness of the penalty to the size of the violator's business
and the gravity of the violation shall be considered.
new text end

new text begin Subd. 4. new text end

new text begin Civil actions. new text end

new text begin A person injured by a violation of this section may bring a civil
action for damages against an owner or operator of an oil refinery. The court may award to
a prevailing plaintiff under this subdivision damages, attorney fees, costs, disbursements,
and any other appropriate relief as otherwise provided by law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 15, 2021.
new text end

Sec. 13.

new text begin [181A.112] DATA ON INDIVIDUALS WHO ARE MINORS.
new text end

new text begin (a) When the commissioner collects, creates, receives, maintains, or disseminates the
following data on individuals who the commissioner knows are minors, the data are
considered private data on individuals, as defined in section 13.02, subdivision 12, except
for data classified as public data according to section 13.43:
new text end

new text begin (1) name;
new text end

new text begin (2) date of birth;
new text end

new text begin (3) Social Security number;
new text end

new text begin (4) telephone number;
new text end

new text begin (5) e-mail address;
new text end

new text begin (6) physical or mailing address;
new text end

new text begin (7) location data;
new text end

new text begin (8) online account access information; and
new text end

new text begin (9) other data that would identify participants who have registered for events, programs,
or classes sponsored by the Department of Labor and Industry.
new text end

new text begin (b) Data about minors classified under this section maintain their classification as private
data on individuals after the individual is no longer a minor.
new text end

Sec. 14.

Minnesota Statutes 2020, section 182.66, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Classification of citation data. new text end

new text begin Notwithstanding section 13.39, subdivision 2,
the data in a written citation is classified as public as soon as the commissioner has received
confirmation that the employer has received the citation. All data in the citation is public,
including but not limited to the employer's name; the employer's address; the address of the
worksite; the date or dates of inspection; the date the citation was issued; the provision of
the act, standard, rule, or order alleged to have been violated; the severity level of the citation;
the description of the nature of the violation; the proposed abatement date; the proposed
penalty; and any abatement guidelines.
new text end

Sec. 15.

Minnesota Statutes 2020, section 182.666, subdivision 1, is amended to read:


Subdivision 1.

Willful or repeated violations.

Any employer who willfully or repeatedly
violates the requirements of section 182.653, or any standard, rule, or order adopted under
the authority of the commissioner as provided in this chapter, may be assessed a fine not to
exceed deleted text begin$70,000deleted text endnew text begin $136,532new text end for each violation. The minimum fine for a willful violation is
deleted text begin $5,000deleted text endnew text begin $9,753new text end.

Sec. 16.

Minnesota Statutes 2020, section 182.666, subdivision 2, is amended to read:


Subd. 2.

Serious violations.

Any employer who has received a citation for a serious
violation of its duties under section 182.653, or any standard, rule, or order adopted under
the authority of the commissioner as provided in this chapter, shall be assessed a fine not
to exceed deleted text begin$7,000deleted text endnew text begin $13,653new text end for each violation. If a serious violation under section 182.653,
subdivision 2
, causes or contributes to the death of an employee, the employer shall be
assessed a fine of up to $25,000new text begin for each violationnew text end.

Sec. 17.

Minnesota Statutes 2020, section 182.666, subdivision 3, is amended to read:


Subd. 3.

Nonserious violations.

Any employer who has received a citation for a violation
of its duties under section 182.653, subdivisions 2 to 4, where the violation is specifically
determined not to be of a serious nature as provided in section 182.651, subdivision 12,
may be assessed a fine of up to deleted text begin$7,000deleted text endnew text begin $13,653new text end for each violation.

Sec. 18.

Minnesota Statutes 2020, section 182.666, subdivision 4, is amended to read:


Subd. 4.

Failure to correct a violation.

Any employer who fails to correct a violation
for which a citation has been issued under section 182.66 within the period permitted for
its correction, which period shall not begin to run until the date of the final order of the
commissioner in the case of any review proceedings under this chapter initiated by the
employer in good faith and not solely for delay or avoidance of penalties, may be assessed
a fine of not more than deleted text begin$7,000deleted text endnew text begin $13,653new text end for each day during which the failure or violation
continues.

Sec. 19.

Minnesota Statutes 2020, section 182.666, subdivision 5, is amended to read:


Subd. 5.

Posting violations.

Any employer who violates any of the posting requirements,
as prescribed under this chapter, except those prescribed under section 182.661, subdivision
3a
, shall be assessed a fine of up to deleted text begin$7,000deleted text endnew text begin $13,653new text end for each violation.

Sec. 20.

Minnesota Statutes 2020, section 182.666, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Increases for inflation. new text end

new text begin (a) Each year, beginning in 2022, the commissioner
shall determine the percentage change in the Minneapolis-St. Paul-Bloomington, MN-WI,
Consumer Price Index for All Urban Consumers (CPI-U) from the month of October in the
preceding calendar year to the month of October in the current calendar year.
new text end

new text begin (b) The commissioner shall increase the fines in subdivisions 1 to 5, except for the fine
for a serious violation under section 182.653, subdivision 2, that causes or contributes to
the death of an employee, by the percentage change determined by the commissioner under
paragraph (a), if the percentage change is greater than zero. The fines shall be increased to
the nearest dollar.
new text end

new text begin (c) If the percentage change determined by the commissioner under paragraph (a) is not
greater than zero, the commissioner shall not change any of the fines in subdivisions 1 to
5.
new text end

new text begin (d) A fine increase under this subdivision takes effect on the next January 1 after the
commissioner determines the percentage change under paragraph (a) and the increase applies
to all fines assessed on or after the next January 1.
new text end

new text begin (e) No later than December 1 of each year, the commissioner shall give notice in the
State Register of any increase to the fines in subdivisions 1, 2, 3, 4, and 5.
new text end

Sec. 21.

new text begin [299F.48] AUTOMATIC SPRINKLER SYSTEMS IN EXISTING
HIGH-RISE BUILDINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin This section applies to an existing building in which at
least one story used for human occupancy is 75 feet or more above the lowest level of fire
department vehicle access. An automatic sprinkler system must be installed in those portions
of the entire existing building in which an automatic sprinkler system would be required if
the building were constructed on the effective date of this section. The automatic sprinkler
system must comply with standards in the State Fire Code and the State Building Code and
must be fully operational by August 1, 2033.
new text end

new text begin Subd. 2. new text end

new text begin Exemptions. new text end

new text begin (a) Subdivision 1 does not apply to:
new text end

new text begin (1) a monument or war memorial that is included in the National Register of Historic
Places or the state register of historic places;
new text end

new text begin (2) an airport control tower or control room;
new text end

new text begin (3) an open parking structure;
new text end

new text begin (4) a building used for agricultural purposes;
new text end

new text begin (5) a residential building in which at least 70 percent of the dwelling units are owner
occupied;
new text end

new text begin (6) elevator equipment rooms and elevator shafts;
new text end

new text begin (7) electric generation and distribution facilities operated by a public utility, a municipal
utility, or a cooperative electric association;
new text end

new text begin (8) areas utilized for surgery, surgical recovery, emergency backup power systems, and
electrical closets within facilities licensed by the Department of Health; or
new text end

new text begin (9) a manufacturing facility that is required to meet the fire safety standards adopted by
the Occupational Safety and Health Administration in Code of Federal Regulations, title
29, part 1910, subpart L.
new text end

new text begin (b) Subdivision 1 does not apply to an area used exclusively for telecommunications
equipment and associated generator and power equipment and under exclusive control of
a telecommunications provider if:
new text end

new text begin (1) the area is separated from the remainder of the building by construction equivalent
to a one-hour fire resistant wall and two-hour floor and ceiling assemblies; and
new text end

new text begin (2) the area has an automatic fire detection and alarm system that complies with standards
in the State Fire Code and State Building Code.
new text end

new text begin Subd. 3. new text end

new text begin Reporting. new text end

new text begin By August 1, 2023, the owner of a building subject to subdivision
1 shall submit to the state fire marshal a letter stating the owner's intent to comply with this
section and a plan for achieving compliance by the deadline in subdivision 1.
new text end

new text begin Subd. 4. new text end

new text begin Extensions. new text end

new text begin The commissioner, or the state fire marshal as the commissioner's
designee, may grant extensions to the deadline for reporting under subdivision 3 or the
deadline for compliance under subdivision 1. Any extension must observe the spirit and
intent of this section and be tailored to ensure public welfare and safety. To be eligible for
an extension, the building owner must apply to the commissioner and demonstrate a genuine
inability to comply within the time prescribed despite appropriate effort to do so.
new text end

new text begin Subd. 5. new text end

new text begin Rules. new text end

new text begin The commissioner may adopt rules to implement this section.
new text end

new text begin Subd. 6. new text end

new text begin Working group. new text end

new text begin The commissioner may appoint a working group to advise
the commissioner on the implementation of this section, including the adoption of rules,
and to advise the commissioner on applications for extensions. If appointed, a working
group must include a representative from: the state fire marshal's office, the Department of
Administration, the Minnesota State Fire Chiefs Association, a chapter of the Minnesota
Building Owners and Managers Association, the Minneapolis Public Housing Authority,
the Minnesota Multi Housing Association, the Minnesota Hotel and Motel Association, the
Fire Marshals Association of Minnesota, professional engineers or licensed architects, a
municipal water authority of a city of the first class, a national association of fire sprinkler
contractors, and a resident of a building subject to subdivision 1.
new text end

new text begin Subd. 7. new text end

new text begin Effect on other laws. new text end

new text begin This section does not supersede the State Building Code
or State Fire Code.
new text end

Sec. 22.

Minnesota Statutes 2020, section 326B.07, subdivision 1, is amended to read:


Subdivision 1.

Membership.

(a) The Construction Codes Advisory Council consists of
the following members:

(1) the commissioner or the commissioner's designee representing the department's
Construction Codes and Licensing Division;

(2) the commissioner of public safety or the commissioner of public safety's designee
representing the Department of Public Safety's State Fire Marshal Division;

(3) one member, appointed by the commissioner, engaged in each of the following
occupations or industries:

(i) certified building officials;

(ii) fire chiefs or fire marshals;

(iii) licensed architects;

(iv) licensed professional engineers;

(v) commercial building owners and managers;

(vi) the licensed residential building industry;

(vii) the commercial building industry;

(viii) the heating and ventilation industry;

(ix) a member of the Plumbing Board;

(x) a member of the Board of Electricity;

(xi) a member of the Board of High Pressure Piping Systems;

(xii) the boiler industry;

(xiii) the manufactured housing industry;

(xiv) public utility suppliers;

(xv) the Minnesota Building and Construction Trades Council; deleted text beginand
deleted text end

(xvi) local units of governmentdeleted text begin.deleted text endnew text begin;
new text end

new text begin (xvii) the energy conservation industry; and
new text end

new text begin (xviii) a building accessibility advocate.
new text end

(b) The commissioner or the commissioner's designee representing the department's
Construction Codes and Licensing Division shall serve as chair of the advisory council. For
members who are not state officials or employees, compensation and removal of members
of the advisory council are governed by section 15.059. The terms of the members of the
advisory council shall be four years. The terms of eight of the appointed members shall be
coterminous with the governor and the terms of the remaining nine appointed members
shall end on the first Monday in January one year after the terms of the other appointed
members expire. An appointed member may be reappointed. Each council member shall
appoint an alternate to serve in their absence.

Sec. 23.

Minnesota Statutes 2020, section 326B.092, subdivision 7, is amended to read:


Subd. 7.

License fees and license renewal fees.

(a) The license fee for each license is
the base license fee plus any applicable board fee, continuing education fee, and contractor
recovery fund fee and additional assessment, as set forth in this subdivision.

(b) For purposes of this section, "license duration" means the number of years for which
the license is issued except that if the initial license is not issued for a whole number of
years, the license duration shall be rounded up to the next whole number.

new text begin (c) If there is a continuing education requirement for renewal of the license, then a
continuing education fee must be included in the renewal license fee. The continuing
education fee for all license classifications is $5.
new text end

deleted text begin (c)deleted text endnew text begin (d)new text end The base license fee shall depend on whether the license is classified as an entry
level, master, journeyworker, or business license, and on the license duration. The base
license fee shall be:

License Classification
License Duration
1 year
2 years
Entry level
$10
$20
Journeyworker
$20
$40
Master
$40
$80
Business
$180

deleted text begin (d) If there is a continuing education requirement for renewal of the license, then a
continuing education fee must be included in the renewal license fee. The continuing
education fee for all license classifications shall be: $10 if the renewal license duration is
one year; and $20 if the renewal license duration is two years.
deleted text end

(e) If the license is issued under sections 326B.31 to 326B.59 or 326B.90 to 326B.925,
then a board fee must be included in the license fee and the renewal license fee. The board
fee for all license classifications shall be: $4 if the license duration is one year; and $8 if
the license duration is two years.

(f) If the application is for the renewal of a license issued under sections 326B.802 to
326B.885, then the contractor recovery fund fee required under section 326B.89, subdivision
3, and any additional assessment required under section 326B.89, subdivision 16, must be
included in the license renewal fee.

(g) Notwithstanding the fee amounts described in paragraphs deleted text begin(c)deleted text endnew text begin (d)new text end to (f), for the period
deleted text begin July 1, 2017deleted text endnew text begin October 1, 2021new text end, through September 30, deleted text begin2021deleted text endnew text begin 2023new text end, the following fees apply:

License Classification
License Duration
1 year
2 years
Entry level
$10
$20
Journeyworker
$15
$30
Master
$30
$60
Business
$120

deleted text begin If there is a continuing education requirement for renewal of the license, then a continuing
education fee must be included in the renewal license fee. The continuing education fee for
all license classifications shall be $5.
deleted text end

Sec. 24.

Minnesota Statutes 2020, section 326B.0981, subdivision 4, is amended to read:


Subd. 4.

Internet continuing education.

(a) The design and delivery of an Internet
continuing education course must be approved by the International Distance Education
Certification Center (IDECC) or the International Association for Continuing Education
and Training (IACET) before the course is submitted for the commissioner's approval. The
approval must accompany the course submitted.

(b) new text beginParagraphs (a) and (c) do not apply to approval of an Internet continuing education
course for manufactured home installers. An Internet continuing education course for
manufactured home installers must be approved by the United States Department of Housing
and Urban Development or by the commissioner of labor and industry. The approval must
accompany the course completion certificate issued to each student by the course sponsor.
new text end

new text begin (c) new text endAn Internet continuing education course must:

(1) specify the minimum computer system requirements;

(2) provide encryption that ensures that all personal information, including the student's
name, address, and credit card number, cannot be read as it passes across the Internet;

(3) include technology to guarantee seat time;

(4) include a high level of interactivity;

(5) include graphics that reinforce the content;

(6) include the ability for the student to contact an instructor or course sponsor within
a reasonable amount of time;

(7) include the ability for the student to get technical support within a reasonable amount
of time;

(8) include a statement that the student's information will not be sold or distributed to
any third party without prior written consent of the student. Taking the course does not
constitute consent;

(9) be available 24 hours a day, seven days a week, excluding minimal downtime for
updating and administration, except that this provision does not apply to live courses taught
by an actual instructor and delivered over the Internet;

(10) provide viewing access to the online course at all times to the commissioner,
excluding minimal downtime for updating and administration;

(11) include a process to authenticate the student's identity;

(12) inform the student and the commissioner how long after its purchase a course will
be accessible;

(13) inform the student that license education credit will not be awarded for taking the
course after it loses its status as an approved course;

(14) provide clear instructions on how to navigate through the course;

(15) provide automatic bookmarking at any point in the course;

(16) provide questions after each unit or chapter that must be answered before the student
can proceed to the next unit or chapter;

(17) include a reinforcement response when a quiz question is answered correctly;

(18) include a response when a quiz question is answered incorrectly;

(19) include a final examination in which the student must correctly answer 70 percent
of the questions;

(20) allow the student to go back and review any unit at any time, except during the final
examination;

(21) provide a course evaluation at the end of the course. At a minimum, the evaluation
must ask the student to report any difficulties caused by the online education delivery
method;

(22) provide a completion certificate when the course and exam have been completed
and the provider has verified the completion. Electronic certificates are sufficient and shall
include the name of the provider, date and location of the course, educational program
identification that was provided by the department, hours of instruction or continuing
education hours, and licensee's or attendee's name and license, certification, or registration
number or the last four digits of the licensee's or attendee's Social Security number; and

(23) allow the commissioner the ability to electronically review the class to determine
if credit can be approved.

deleted text begin (c)deleted text end new text begin(d) new text endThe final examination must be either an encrypted online examination or a paper
examination that is monitored by a proctor who certifies that the student took the examination.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 25.

Minnesota Statutes 2020, section 326B.106, subdivision 1, is amended to read:


Subdivision 1.

Adoption of code.

(a) Subject to paragraphs (c) and (d) and sections
326B.101 to 326B.194, the commissioner shall by rule and in consultation with the
Construction Codes Advisory Council establish a code of standards for the construction,
reconstruction, alteration, and repair of buildings, governing matters of structural materials,
design and construction, fire protection, health, sanitation, and safety, including design and
construction standards regarding heat loss control, illumination, and climate control. The
code must also include duties and responsibilities for code administration, including
procedures for administrative action, penalties, and suspension and revocation of certification.
The code must conform insofar as practicable to model building codes generally accepted
and in use throughout the United States, including a code for building conservation. In the
preparation of the code, consideration must be given to the existing statewide specialty
codes presently in use in the state. Model codes with necessary modifications and statewide
specialty codes may be adopted by reference. The code must be based on the application
of scientific principles, approved tests, and professional judgment. To the extent possible,
the code must be adopted in terms of desired results instead of the means of achieving those
results, avoiding wherever possible the incorporation of specifications of particular methods
or materials. To that end the code must encourage the use of new methods and new materials.
Except as otherwise provided in sections 326B.101 to 326B.194, the commissioner shall
administer and enforce the provisions of those sections.

(b) The commissioner shall develop rules addressing the plan review fee assessed to
similar buildings without significant modifications including provisions for use of building
systems as specified in the industrial/modular program specified in section 326B.194.
Additional plan review fees associated with similar plans must be based on costs
commensurate with the direct and indirect costs of the service.

(c) Beginning with the 2018 edition of the model building codes and every six years
thereafter, the commissioner shall review the new model building codes and adopt the model
codes as amended for use in Minnesota, within two years of the published edition date. The
commissioner may adopt amendments to the building codes prior to the adoption of the
new building codes to advance construction methods, technology, or materials, or, where
necessary to protect the health, safety, and welfare of the public, or to improve the efficiency
or the use of a building.

(d) Notwithstanding paragraph (c), the commissioner shall act on each new model
residential energy code and the new model commercial energy code in accordance with
federal law for which the United States Department of Energy has issued an affirmative
determination in compliance with United States Code, title 42, section 6833. new text beginBeginning in
2022, the commissioner shall act on the new model commercial energy code by adopting
each new published edition of ASHRAE 90.1 or a more efficient standard, and amending
it as necessary to achieve a minimum of eight percent energy efficiency with each edition,
as measured against energy consumption by an average building in each applicable building
sector in 2003. These amendments must achieve a net zero energy standard for new
commercial buildings by 2036 and thereafter.
new text endThe commissioner may adopt amendments
prior to adoption of the new energy codes, as amended for use in Minnesota, to advance
construction methods, technology, or materials, or, where necessary to protect the health,
safety, and welfare of the public, or to improve the efficiency or use of a building.

Sec. 26.

Minnesota Statutes 2020, section 326B.89, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms have
the meanings given them.

(b) "Gross annual receipts" means the total amount derived from residential contracting
or residential remodeling activities, regardless of where the activities are performed, and
must not be reduced by costs of goods sold, expenses, losses, or any other amount.

(c) "Licensee" means a person licensed as a residential contractor or residential remodeler.

(d) "Residential real estate" means a new or existing building constructed for habitation
by one to four families, and includes detached garages intended for storage of vehicles
associated with the residential real estate.

(e) "Fund" means the contractor recovery fund.

(f) "Owner" when used in connection with real property, means a person who has any
legal or equitable interest in real property and includes a condominium or townhome
association that owns common property located in a condominium building or townhome
building or an associated detached garage. Owner does not include any real estate developer
or any owner using, or intending to use, the property for a business purpose and not as
owner-occupied residential real estate.

new text begin (g) "Cycle One" means the time period between July 1 and December 31.
new text end

new text begin (h) "Cycle Two" means the time period between January 1 and June 30.
new text end

Sec. 27.

Minnesota Statutes 2020, section 326B.89, subdivision 5, is amended to read:


Subd. 5.

Payment limitations.

The commissioner shall not pay compensation from the
fund to an owner or a lessee in an amount greater than $75,000 per licensee. The
commissioner shall not pay compensation from the fund to owners and lessees in an amount
that totals more than deleted text begin$300,000deleted text endnew text begin $800,000new text end per licensee. The commissioner shall only pay
compensation from the fund for a final judgment that is based on a contract directly between
the licensee and the homeowner or lessee that was entered into prior to the cause of action
and that requires licensure as a residential building contractor or residential remodeler.

Sec. 28.

Minnesota Statutes 2020, section 326B.89, subdivision 9, is amended to read:


Subd. 9.

Satisfaction of applications for compensation.

The commissioner shall pay
compensation from the fund to an owner or a lessee pursuant to the terms of an agreement
that has been entered into under subdivision 7, clause (1), or pursuant to a final order that
has been issued under subdivision 7, clause (2), or subdivision 8 by December deleted text begin1 of the fiscal
year following the fiscal year during which the agreement was entered into or during which
the order became final, subject to the limitations of this section. At the end of each fiscal
year the commissioner shall calculate the amount of compensation to be paid from the fund
pursuant to agreements that have been entered into under subdivision 7, clause (1), and final
orders that have been issued under subdivision 7, clause (2), or subdivision 8. If the calculated
amount exceeds the amount available for payment, then the commissioner shall allocate the
amount available among the owners and the lessees in the ratio that the amount agreed to
or ordered to be paid to each owner or lessee bears to the amount calculated. The
commissioner shall mail notice of the allocation to all owners and lessees not less than 45
days following the end of the fiscal year.
deleted text endnew text begin 31 for applications submitted by July 1 or June
30 for applications submitted by January 1 of the fiscal year. The commissioner shall not
pay compensation to owners or lessees that totals more than $400,000 per licensee during
Cycle One of a fiscal year nor shall the commissioner pay out during Cycle One if the payout
will result in the exhaustion of a licensee's fund. If compensation paid to owners or lessees
in Cycle One would total more than $400,000 or would result in exhaustion of a licensee's
fund in Cycle One, the commissioner shall not make a final determination of compensation
for claims against the licensee until the completion of Cycle Two. If the claims against a
licensee for the fiscal year result in the exhaustion of a licensee's fund or the fund as a whole,
the commissioner must prorate the amount available among the owners and lessees based
on the amount agreed to or ordered to be paid to each owner or lessee. The commissioner
shall mail notice of the proration to all owners and lessees no later than March 31 of the
current fiscal year.
new text end Any compensation paid by the commissioner in accordance with this
subdivision shall be deemed to satisfy and extinguish any right to compensation from the
fund based upon the verified application of the owner or lessee.

Sec. 29. new text beginLAW ENFORCEMENT SUPERVISORS TRANSITION.
new text end

new text begin (a) Until a negotiated collective bargaining agreement with an exclusive representative
of the law enforcement supervisors unit established under Minnesota Statutes, section
179A.10, subdivision 2, clause (18), is approved under Minnesota Statutes, section 3.855:
new text end

new text begin (1) state patrol supervisors and enforcement supervisors employed by the Department
of Natural Resources shall remain in the commissioner's plan;
new text end

new text begin (2) criminal apprehension investigative supervisors and other law enforcement supervisor
positions currently in the general supervisory employees unit shall remain in the general
supervisory employees unit represented by the Middle Management Association; and
new text end

new text begin (3) employees in positions to be included in the law enforcement supervisors unit shall
be authorized to participate in certification elections for the law enforcement supervisors
unit and any negotiation and collective bargaining activities of the law enforcement
supervisors unit.
new text end

new text begin (b) In assigning positions included in the law enforcement supervisors unit, employees
in positions under paragraph (a), clause (2), shall have the right to remain in the general
supervisory employees unit represented by the Middle Management Association. If a group
of employees exercises this right, the appropriate unit for such employees shall be the general
supervisory employees unit represented by the Middle Management Association, and the
commissioner shall assign them to such unit.
new text end

Sec. 30. new text beginCAREER PATHWAY DEMONSTRATION PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Demonstration program. new text end

new text begin A career pathway demonstration program is
created to encourage, support, and continue student participation in a structured career
pathway program.
new text end

new text begin Subd. 2. new text end

new text begin Report. new text end

new text begin On January 15, 2024, Independent School District No. 294, Houston,
must submit a written report to the legislative committees having jurisdiction over education
and workforce development describing students' experiences with the program. The report
must document the program's spending, list the number of students participating in the
program and entering the apprenticeship program, and make recommendations for improving
support of career pathway programs statewide.
new text end

Sec. 31. new text beginREPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2020, section 181.9414, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, part 5200.0080, subpart 7, new text end new text begin is repealed effective August 1, 2021.
new text end

ARTICLE 3

EARNED SICK AND SAFE TIME

Section 1.

Minnesota Statutes 2020, section 181.942, subdivision 1, is amended to read:


Subdivision 1.

Comparable position.

(a) An employee returning from a leave of absence
under section 181.941 is entitled to return to employment in the employee's former position
or in a position of comparable duties, number of hours, and pay. An employee returning
from a leave of absence longer than one month must notify a supervisor at least two weeks
prior to return from leave. An employee returning from a leave under section 181.9412 or
deleted text begin 181.9413deleted text endnew text begin sections 181.9445 to 181.9448new text end is entitled to return to employment in the employee's
former position.

(b) If, during a leave under sections 181.940 to 181.944, the employer experiences a
layoff and the employee would have lost a position had the employee not been on leave,
pursuant to the good faith operation of a bona fide layoff and recall system, including a
system under a collective bargaining agreement, the employee is not entitled to reinstatement
in the former or comparable position. In such circumstances, the employee retains all rights
under the layoff and recall system, including a system under a collective bargaining
agreement, as if the employee had not taken the leave.

Sec. 2.

new text begin [181.9445] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of section 177.50 and sections 181.9445
to 181.9447, the terms defined in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of labor and industry
or authorized designee or representative.
new text end

new text begin Subd. 3. new text end

new text begin Domestic abuse. new text end

new text begin "Domestic abuse" has the meaning given in section 518B.01.
new text end

new text begin Subd. 4. new text end

new text begin Earned sick and safe time. new text end

new text begin "Earned sick and safe time" means leave, including
paid time off and other paid leave systems, that is paid at the same hourly rate as an employee
earns from employment that may be used for the same purposes and under the same
conditions as provided under section 181.9447.
new text end

new text begin Subd. 5. new text end

new text begin Employee. new text end

new text begin "Employee" means any person who is employed by an employer,
including temporary and part-time employees, who performs work for at least 80 hours in
a year for that employer in Minnesota. Employee does not include:
new text end

new text begin (1) an independent contractor; or
new text end

new text begin (2) an individual employed by an air carrier as a flight deck or cabin crew member who
is subject to United States Code, title 45, sections 181 to 188, and who is provided with
paid leave equal to or exceeding the amounts in section 181.9446.
new text end

new text begin Subd. 6. new text end

new text begin Employer. new text end

new text begin "Employer" means a person who has one or more employees.
Employer includes an individual, a corporation, a partnership, an association, a business
trust, a nonprofit organization, a group of persons, a state, county, town, city, school district,
or other governmental subdivision. In the event that a temporary employee is supplied by
a staffing agency, absent a contractual agreement stating otherwise, that individual shall be
an employee of the staffing agency for all purposes of section 177.50 and sections 181.9445
to 181.9448.
new text end

new text begin Subd. 7. new text end

new text begin Family member. new text end

new text begin "Family member" means:
new text end

new text begin (1) an employee's:
new text end

new text begin (i) child, foster child, adult child, legal ward, or child for whom the employee is legal
guardian;
new text end

new text begin (ii) spouse or registered domestic partner;
new text end

new text begin (iii) sibling, stepsibling, or foster sibling;
new text end

new text begin (iv) parent or stepparent;
new text end

new text begin (v) grandchild, foster grandchild, or stepgrandchild; or
new text end

new text begin (vi) grandparent or stepgrandparent;
new text end

new text begin (2) any of the family members listed in clause (1) of a spouse or registered domestic
partner;
new text end

new text begin (3) any individual related by blood or affinity whose close association with the employee
is the equivalent of a family relationship; and
new text end

new text begin (4) up to one individual annually designated by the employee.
new text end

new text begin Subd. 8. new text end

new text begin Health care professional. new text end

new text begin "Health care professional" means any person licensed
under federal or state law to provide medical or emergency services, including doctors,
physician assistants, nurses, and emergency room personnel.
new text end

new text begin Subd. 9. new text end

new text begin Prevailing wage rate. new text end

new text begin "Prevailing wage rate" has the meaning given in section
177.42 and as calculated by the Department of Labor and Industry.
new text end

new text begin Subd. 10. new text end

new text begin Retaliatory personnel action. new text end

new text begin "Retaliatory personnel action" means:
new text end

new text begin (1) any form of intimidation, threat, reprisal, harassment, discrimination, or adverse
employment action, including discipline, discharge, suspension, transfer, or reassignment
to a lesser position in terms of job classification, job security, or other condition of
employment; reduction in pay or hours or denial of additional hours; the accumulation of
points under an attendance point system; informing another employer that the person has
engaged in activities protected by this chapter; or reporting or threatening to report the actual
or suspected citizenship or immigration status of an employee, former employee, or family
member of an employee to a federal, state, or local agency; and
new text end

new text begin (2) interference with or punishment for participating in any manner in an investigation,
proceeding, or hearing under this chapter.
new text end

new text begin Subd. 11. new text end

new text begin Sexual assault. new text end

new text begin "Sexual assault" means an act that constitutes a violation
under sections 609.342 to 609.3453 or 609.352.
new text end

new text begin Subd. 12. new text end

new text begin Stalking. new text end

new text begin "Stalking" has the meaning given in section 609.749.
new text end

new text begin Subd. 13. new text end

new text begin Year. new text end

new text begin "Year" means a regular and consecutive 12-month period, as determined
by an employer and clearly communicated to each employee of that employer.
new text end

Sec. 3.

new text begin [181.9446] ACCRUAL OF EARNED SICK AND SAFE TIME.
new text end

new text begin (a) An employee accrues a minimum of one hour of earned sick and safe time for every
30 hours worked up to a maximum of 48 hours of earned sick and safe time in a year.
Employees may not accrue more than 48 hours of earned sick and safe time in a year unless
the employer agrees to a higher amount.
new text end

new text begin (b) Employers must permit an employee to carry over accrued but unused sick and safe
time into the following year. The total amount of accrued but unused earned sick and safe
time for an employee must not exceed 80 hours at any time, unless an employer agrees to
a higher amount.
new text end

new text begin (c) Employees who are exempt from overtime requirements under United States Code,
title 29, section 213(a)(1), as amended through the effective date of this section, are deemed
to work 40 hours in each workweek for purposes of accruing earned sick and safe time,
except that an employee whose normal workweek is less than 40 hours will accrue earned
sick and safe time based on the normal workweek.
new text end

new text begin (d) Earned sick and safe time under this section begins to accrue at the commencement
of employment of the employee.
new text end

new text begin (e) Employees may use accrued earned sick and safe time beginning 90 calendar days
after the day their employment commenced. After 90 days from the day employment
commenced, employees may use earned sick and safe time as it is accrued. The
90-calendar-day period under this paragraph includes both days worked and days not worked.
new text end

Sec. 4.

new text begin [181.9447] USE OF EARNED SICK AND SAFE TIME.
new text end

new text begin Subdivision 1. new text end

new text begin Eligible use. new text end

new text begin An employee may use accrued earned sick and safe time
for:
new text end

new text begin (1) an employee's:
new text end

new text begin (i) mental or physical illness, injury, or other health condition;
new text end

new text begin (ii) need for medical diagnosis, care, or treatment of a mental or physical illness, injury,
or health condition; or
new text end

new text begin (iii) need for preventive medical or health care;
new text end

new text begin (2) care of a family member:
new text end

new text begin (i) with a mental or physical illness, injury, or other health condition;
new text end

new text begin (ii) who needs medical diagnosis, care, or treatment of a mental or physical illness,
injury, or other health condition; or
new text end

new text begin (iii) who needs preventive medical or health care;
new text end

new text begin (3) absence due to domestic abuse, sexual assault, or stalking of the employee or
employee's family member, provided the absence is to:
new text end

new text begin (i) seek medical attention related to physical or psychological injury or disability caused
by domestic abuse, sexual assault, or stalking;
new text end

new text begin (ii) obtain services from a victim services organization;
new text end

new text begin (iii) obtain psychological or other counseling;
new text end

new text begin (iv) seek relocation due to domestic abuse, sexual assault, or stalking; or
new text end

new text begin (v) seek legal advice or take legal action, including preparing for or participating in any
civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault,
or stalking;
new text end

new text begin (4) closure of the employee's place of business due to weather or other public emergency
or an employee's need to care for a family member whose school or place of care has been
closed due to weather or other public emergency; and
new text end

new text begin (5) when it has been determined by the health authorities having jurisdiction or by a
health care professional that the presence of the employee or family member of the employee
in the community would jeopardize the health of others because of the exposure of the
employee or family member of the employee to a communicable disease, whether or not
the employee or family member has actually contracted the communicable disease.
new text end

new text begin Subd. 2. new text end

new text begin Notice. new text end

new text begin An employer may require notice of the need for use of earned sick and
safe time as provided in this paragraph. If the need for use is foreseeable, an employer may
require advance notice of the intention to use earned sick and safe time but must not require
more than seven days' advance notice. If the need is unforeseeable, an employer may require
an employee to give notice of the need for earned sick and safe time as soon as practicable.
new text end

new text begin Subd. 3. new text end

new text begin Documentation. new text end

new text begin When an employee uses earned sick and safe time for more
than three consecutive days, an employer may require reasonable documentation that the
earned sick and safe time is covered by subdivision 1. For earned sick and safe time under
subdivision 1, clauses (1) and (2), reasonable documentation may include a signed statement
by a health care professional indicating the need for use of earned sick and safe time. For
earned sick and safe time under subdivision 1, clause (3), an employer must accept a court
record or documentation signed by a volunteer or employee of a victims services organization,
an attorney, a police officer, or an antiviolence counselor as reasonable documentation. An
employer must not require disclosure of details relating to domestic abuse, sexual assault,
or stalking or the details of an employee's or an employee's family member's medical
condition as related to an employee's request to use earned sick and safe time under this
section.
new text end

new text begin Subd. 4. new text end

new text begin Replacement worker. new text end

new text begin An employer may not require, as a condition of an
employee using earned sick and safe time, that the employee seek or find a replacement
worker to cover the hours the employee uses as earned sick and safe time.
new text end

new text begin Subd. 5. new text end

new text begin Increment of time used. new text end

new text begin Earned sick and safe time may be used in the smallest
increment of time tracked by the employer's payroll system, provided such increment is not
more than four hours.
new text end

new text begin Subd. 6. new text end

new text begin Retaliation prohibited. new text end

new text begin An employer shall not take retaliatory personnel action
against an employee because the employee has requested earned sick and safe time, used
earned sick and safe time, requested a statement of accrued sick and safe time, or made a
complaint or filed an action to enforce a right to earned sick and safe time under this section.
new text end

new text begin Subd. 7. new text end

new text begin Reinstatement to comparable position after leave. new text end

new text begin An employee returning
from a leave under this section is entitled to return to employment in a comparable position.
If, during a leave under this section, the employer experiences a layoff and the employee
would have lost a position had the employee not been on leave, pursuant to the good faith
operation of a bona fide layoff and recall system, including a system under a collective
bargaining agreement, the employee is not entitled to reinstatement in the former or
comparable position. In such circumstances, the employee retains all rights under the layoff
and recall system, including a system under a collective bargaining agreement, as if the
employee had not taken the leave.
new text end

new text begin Subd. 8. new text end

new text begin Pay and benefits after leave. new text end

new text begin An employee returning from a leave under this
section is entitled to return to employment at the same rate of pay the employee had been
receiving when the leave commenced, plus any automatic adjustments in the employee's
pay scale that occurred during the leave period. The employee returning from a leave is
entitled to retain all accrued preleave benefits of employment and seniority as if there had
been no interruption in service, provided that nothing under this section prevents the accrual
of benefits or seniority during the leave pursuant to a collective bargaining or other agreement
between the employer and employees.
new text end

new text begin Subd. 9. new text end

new text begin Part-time return from leave. new text end

new text begin An employee, by agreement with the employer,
may return to work part time during the leave period without forfeiting the right to return
to employment at the end of the leave, as provided under this section.
new text end

new text begin Subd. 10. new text end

new text begin Notice and posting by employer. new text end

new text begin (a) Employers must give notice to all
employees that they are entitled to earned sick and safe time, including the amount of earned
sick and safe time, the accrual year for the employee, and the terms of its use under this
section; that retaliation against employees who request or use earned sick and safe time is
prohibited; and that each employee has the right to file a complaint or bring a civil action
if earned sick and safe time is denied by the employer or the employee is retaliated against
for requesting or using earned sick and safe time.
new text end

new text begin (b) Employers must supply employees with a notice in English and other appropriate
languages that contains the information required in paragraph (a) at commencement of
employment or the effective date of this section, whichever is later.
new text end

new text begin (c) The means used by the employer must be at least as effective as the following options
for providing notice:
new text end

new text begin (1) posting a copy of the notice at each location where employees perform work and
where the notice must be readily observed and easily reviewed by all employees performing
work; or
new text end

new text begin (2) providing a paper or electronic copy of the notice to employees.
new text end

new text begin The notice must contain all information required under paragraph (a). The commissioner
shall create and make available to employers a poster and a model notice that contains the
information required under paragraph (a) for their use in complying with this section.
new text end

new text begin (d) An employer that provides an employee handbook to its employees must include in
the handbook notice of employee rights and remedies under this section.
new text end

new text begin Subd. 11. new text end

new text begin Required statement to employee. new text end

new text begin (a) Upon request of the employee, the
employer must provide, in writing or electronically, current information stating the
employee's amount of:
new text end

new text begin (1) earned sick and safe time available to the employee; and
new text end

new text begin (2) used earned sick and safe time.
new text end

new text begin (b) Employers may choose a reasonable system for providing the information in paragraph
(a), including but not limited to listing information on each pay stub or developing an online
system where employees can access their own information.
new text end

new text begin Subd. 12. new text end

new text begin Employer records. new text end

new text begin (a) Employers shall retain accurate records documenting
hours worked by employees and earned sick and safe time taken and comply with all
requirements under section 177.30.
new text end

new text begin (b) An employer must allow an employee to inspect records required by this section and
relating to that employee at a reasonable time and place.
new text end

new text begin Subd. 13. new text end

new text begin Confidentiality and nondisclosure. new text end

new text begin (a) If, in conjunction with this section,
an employer possesses:
new text end

new text begin (1) health or medical information regarding an employee or an employee's family
member;
new text end

new text begin (2) information pertaining to domestic abuse, sexual assault, or stalking;
new text end

new text begin (3) information that the employee has requested or obtained leave under this section; or
new text end

new text begin (4) any written or oral statement, documentation, record, or corroborating evidence
provided by the employee or an employee's family member, the employer must treat such
information as confidential.
new text end

new text begin Information given by an employee may only be disclosed by an employer if the disclosure
is requested or consented to by the employee, when ordered by a court or administrative
agency, or when otherwise required by federal or state law.
new text end

new text begin (b) Records and documents relating to medical certifications, recertifications, or medical
histories of employees or family members of employees created for purposes of section
177.50 or sections 181.9445 to 181.9448 must be maintained as confidential medical records
separate from the usual personnel files. At the request of the employee, the employer must
destroy or return the records required by sections 181.9445 to 181.9448 that are older than
three years prior to the current calendar year.
new text end

new text begin (c) Employers must not discriminate against any employee based on records created for
the purposes of section 177.50 or sections 181.9445 to 181.9448.
new text end

Sec. 5.

new text begin [181.9448] EFFECT ON OTHER LAW OR POLICY.
new text end

new text begin Subdivision 1. new text end

new text begin No effect on more generous sick and safe time policies. new text end

new text begin (a) Nothing
in sections 181.9445 to 181.9448 shall be construed to discourage employers from adopting
or retaining earned sick and safe time policies that meet or exceed, and do not otherwise
conflict with, the minimum standards and requirements provided in sections 181.9445 to
181.9447.
new text end

new text begin (b) Nothing in sections 181.9445 to 181.9447 shall be construed to limit the right of
parties to a collective bargaining agreement to bargain and agree with respect to earned sick
and safe time policies or to diminish the obligation of an employer to comply with any
contract, collective bargaining agreement, or any employment benefit program or plan that
meets or exceeds, and does not otherwise conflict with, the minimum standards and
requirements provided in this section.
new text end

new text begin (c) Employers who provide earned sick and safe time to their employees under a paid
time off policy or other paid leave policy that meets or exceeds, and does not otherwise
conflict with, the minimum standards and requirements provided in sections 181.9445 to
181.9448 are not required to provide additional earned sick and safe time.
new text end

new text begin (d) An employer may opt to satisfy the requirements of sections 181.9445 to 181.9448
for construction industry employees by:
new text end

new text begin (1) paying at least the prevailing wage rate as defined by section 177.42 and as calculated
by the Department of Labor and Industry; or
new text end

new text begin (2) paying at least the required rate established in a registered apprenticeship agreement
for apprentices registered with the Department of Labor and Industry.
new text end

new text begin An employer electing this option is deemed to be in compliance with sections 181.9445 to
181.9448 for construction industry employees who receive either at least the prevailing
wage rate or the rate required in the applicable apprenticeship agreement regardless of
whether the employees are working on private or public projects.
new text end

new text begin (e) Sections 181.9445 to 181.9448 do not prohibit an employer from establishing a policy
whereby employees may donate unused accrued sick and safe time to another employee.
new text end

new text begin (f) Sections 181.9445 to 181.9448 do not prohibit an employer from advancing sick and
safe time to an employee before accrual by the employee.
new text end

new text begin Subd. 2. new text end

new text begin Termination; separation; transfer. new text end

new text begin Sections 181.9445 to 181.9448 do not
require financial or other reimbursement to an employee from an employer upon the
employee's termination, resignation, retirement, or other separation from employment for
accrued earned sick and safe time that has not been used. If an employee is transferred to
a separate division, entity, or location, but remains employed by the same employer, the
employee is entitled to all earned sick and safe time accrued at the prior division, entity, or
location and is entitled to use all earned sick and safe time as provided in sections 181.9445
to 181.9448. When there is a separation from employment and the employee is rehired
within 180 days of separation by the same employer, previously accrued earned sick and
safe time that had not been used must be reinstated. An employee is entitled to use accrued
earned sick and safe time and accrue additional earned sick and safe time at the
commencement of reemployment.
new text end

new text begin Subd. 3. new text end

new text begin Employer succession. new text end

new text begin (a) When a different employer succeeds or takes the
place of an existing employer, all employees of the original employer who remain employed
by the successor employer are entitled to all earned sick and safe time accrued but not used
when employed by the original employer, and are entitled to use all earned sick and safe
time previously accrued but not used.
new text end

new text begin (b) If, at the time of transfer of the business, employees are terminated by the original
employer and hired within 30 days by the successor employer following the transfer, those
employees are entitled to all earned sick and safe time accrued but not used when employed
by the original employer, and are entitled to use all earned sick and safe time previously
accrued but not used.
new text end

Sec. 6. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2020, section 181.9413, new text end new text begin is repealed.
new text end

Sec. 7. new text beginEFFECTIVE DATE.
new text end

new text begin This article is effective 180 days following final enactment.
new text end

ARTICLE 4

EARNED SICK AND SAFE TIME ENFORCEMENT

Section 1.

Minnesota Statutes 2020, section 177.27, subdivision 2, is amended to read:


Subd. 2.

Submission of records; penalty.

The commissioner may require the employer
of employees working in the state to submit to the commissioner photocopies, certified
copies, or, if necessary, the originals of employment records which the commissioner deems
necessary or appropriate. The records which may be required include full and correct
statements in writing, including sworn statements by the employer, containing information
relating to wages, hours, names, addresses, and any other information pertaining to the
employer's employees and the conditions of their employment as the commissioner deems
necessary or appropriate.

The commissioner may require the records to be submitted by certified mail delivery
or, if necessary, by personal delivery by the employer or a representative of the employer,
as authorized by the employer in writing.

The commissioner may fine the employer up to deleted text begin$1,000deleted text endnew text begin $10,000new text end for each failure to submit
or deliver records as required by this sectiondeleted text begin, and up to $5,000 for each repeated failuredeleted text end.
This penalty is in addition to any penalties provided under section 177.32, subdivision 1.
In determining the amount of a civil penalty under this subdivision, the appropriateness of
such penalty to the size of the employer's business and the gravity of the violation shall be
considered.

Sec. 2.

Minnesota Statutes 2020, section 177.27, subdivision 4, is amended to read:


Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275,
subdivision 2a
, 181.722, 181.79, deleted text beginanddeleted text end 181.939 to 181.943,new text begin and 181.9445 to 181.9448,new text end or
with any rule promulgated under section 177.28. The commissioner shall issue an order
requiring an employer to comply with sections 177.41 to 177.435 if the violation is repeated.
For purposes of this subdivision only, a violation is repeated if at any time during the two
years that preceded the date of violation, the commissioner issued an order to the employer
for violation of sections 177.41 to 177.435 and the order is final or the commissioner and
the employer have entered into a settlement agreement that required the employer to pay
back wages that were required by sections 177.41 to 177.435. The department shall serve
the order upon the employer or the employer's authorized representative in person or by
certified mail at the employer's place of business. An employer who wishes to contest the
order must file written notice of objection to the order with the commissioner within 15
calendar days after being served with the order. A contested case proceeding must then be
held in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being
served with the order, the employer fails to file a written notice of objection with the
commissioner, the order becomes a final order of the commissioner.

Sec. 3.

Minnesota Statutes 2020, section 177.27, subdivision 7, is amended to read:


Subd. 7.

Employer liability.

If an employer is found by the commissioner to have
violated a section identified in subdivision 4, or any rule adopted under section 177.28, and
the commissioner issues an order to comply, the commissioner shall order the employer to
cease and desist from engaging in the violative practice and to take such affirmative steps
that in the judgment of the commissioner will effectuate the purposes of the section or rule
violated. The commissioner shall order the employer to pay to the aggrieved parties back
pay, gratuities, and compensatory damages, less any amount actually paid to the employee
by the employer, and for an additional equal amount as liquidated damages. Any employer
who is found by the commissioner to have repeatedly or willfully violated a section or
sections identified in subdivision 4 shall be subject to a civil penalty of up to deleted text begin$1,000 deleted text endnew text begin $10,000
new text end for each violation for each employee. In determining the amount of a civil penalty under
this subdivision, the appropriateness of such penalty to the size of the employer's business
and the gravity of the violation shall be considered. In addition, the commissioner may order
the employer to reimburse the department and the attorney general for all appropriate
litigation and hearing costs expended in preparation for and in conducting the contested
case proceeding, unless payment of costs would impose extreme financial hardship on the
employer. If the employer is able to establish extreme financial hardship, then the
commissioner may order the employer to pay a percentage of the total costs that will not
cause extreme financial hardship. Costs include but are not limited to the costs of services
rendered by the attorney general, private attorneys if engaged by the department,
administrative law judges, court reporters, and expert witnesses as well as the cost of
transcripts. Interest shall accrue on, and be added to, the unpaid balance of a commissioner's
order from the date the order is signed by the commissioner until it is paid, at an annual rate
provided in section 549.09, subdivision 1, paragraph (c). The commissioner may establish
escrow accounts for purposes of distributing damages.

Sec. 4.

new text begin [177.50] EARNED SICK AND SAFE TIME ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in section 181.9445 apply to this section.
new text end

new text begin Subd. 2. new text end

new text begin Rulemaking authority. new text end

new text begin The commissioner may adopt rules to carry out the
purposes of this section and sections 181.9445 to 181.9448.
new text end

new text begin Subd. 3. new text end

new text begin Individual remedies. new text end

new text begin In addition to any other remedies provided by law, a
person injured by a violation of sections 181.9445 to 181.9448 may bring a civil action to
recover general and special damages, along with costs, fees, and reasonable attorney fees,
and may receive injunctive and other equitable relief as determined by a court. An action
to recover damages under this subdivision must be commenced within three years of the
violation of sections 181.9445 to 181.9448 that caused the injury to the employee.
new text end

new text begin Subd. 4. new text end

new text begin Grants to community organizations. new text end

new text begin The commissioner may make grants to
community organizations for the purpose of outreach to and education for employees
regarding their rights under sections 181.9445 to 181.9448. The community-based
organizations must be selected based on their experience, capacity, and relationships in
high-violation industries. The work under such a grant may include the creation and
administration of a statewide worker hotline.
new text end

new text begin Subd. 5. new text end

new text begin Report to legislature. new text end

new text begin (a) The commissioner must submit an annual report to
the legislature, including to the chairs and ranking minority members of any relevant
legislative committee. The report must include, but is not limited to:
new text end

new text begin (1) a list of all violations of sections 181.9445 to 181.9448, including the employer
involved, and the nature of any violations; and
new text end

new text begin (2) an analysis of noncompliance with sections 181.9445 to 181.9448, including any
patterns by employer, industry, or county.
new text end

new text begin (b) A report under this section must not include an employee's name or other identifying
information, any health or medical information regarding an employee or an employee's
family member, or any information pertaining to domestic abuse, sexual assault, or stalking
of an employee or an employee's family member.
new text end

new text begin Subd. 6. new text end

new text begin Contract for labor or services. new text end

new text begin It is the responsibility of all employers to not
enter into any contract or agreement for labor or services where the employer has any actual
knowledge or knowledge arising from familiarity with the normal facts and circumstances
of the business activity engaged in, or has any additional facts or information that, taken
together, would make a reasonably prudent person undertake to inquire whether, taken
together, the contractor is not complying or has failed to comply with this section. For
purposes of this subdivision, "actual knowledge" means information obtained by the employer
that the contractor has violated this section within the past two years and has failed to present
the employer with credible evidence that such noncompliance has been cured going forward.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 180 days after final enactment.
new text end

ARTICLE 5

EMERGENCY REHIRE AND RETENTION

Section 1.

new text begin DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For the purposes of sections 1 to 4, the following terms
have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Air carrier. new text end

new text begin "Air carrier" means a person undertaking by any means, directly
or indirectly, to provide air transportation of persons, property, or mail.
new text end

new text begin Subd. 3. new text end

new text begin Aircraft. new text end

new text begin "Aircraft" means any contrivance invented, used, or designed for
navigation of or flight in the air, but excluding parachutes.
new text end

new text begin Subd. 4. new text end

new text begin Airport. new text end

new text begin "Airport" means any area of land or water, except a restricted landing
area, which is designed for the landing and takeoff of aircraft, whether or not facilities are
provided for the shelter, surfacing, or repair of aircraft, or for receiving or discharging
passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other
airport facilities, and all appurtenant rights-of-way, whether heretofore or hereafter
established.
new text end

new text begin Subd. 5. new text end

new text begin Airport authority. new text end

new text begin "Airport authority" means an authority created pursuant to
Minnesota Statutes, section 360.0426.
new text end

new text begin Subd. 6. new text end

new text begin Airport facility management. new text end

new text begin "Airport facility management" means a person
directing or supervising airport management activities, including but not limited to:
new text end

new text begin (1) information management;
new text end

new text begin (2) building and property management;
new text end

new text begin (3) civil services;
new text end

new text begin (4) procurement and logistics management; and
new text end

new text begin (5) legal services.
new text end

new text begin Subd. 7. new text end

new text begin Airport hospitality operation. new text end

new text begin (a) "Airport hospitality operation" means a
business that:
new text end

new text begin (1) prepares, delivers, inspects, or provides any other service in connection with the
preparation of food or beverage for aircraft crew or passengers at an airport; or
new text end

new text begin (2) provides food and beverage, retail, or other consumer goods or services to the public
at an airport.
new text end

new text begin (b) Airport hospitality operation does not include an air carrier certificated by the Federal
Aviation Administration.
new text end

new text begin Subd. 8. new text end

new text begin Airport service provider. new text end

new text begin (a) "Airport service provider" means a business that
performs, under contract with a passenger air carrier, airport facility management, or airport
authority, functions on the property of the airport that are directly related to the air
transportation of persons, property, or mail, including but not limited to:
new text end

new text begin (1) the loading and unloading of property on aircraft;
new text end

new text begin (2) assistance to passengers under Code of Federal Regulations, title 14, part 382;
new text end

new text begin (3) security;
new text end

new text begin (4) airport ticketing and check-in functions;
new text end

new text begin (5) ground-handling of aircraft;
new text end

new text begin (6) aircraft cleaning and sanitization functions; or
new text end

new text begin (7) airport authority.
new text end

new text begin (b) Airport service provider does not include an air carrier certificated by the Federal
Aviation Administration.
new text end

new text begin Subd. 9. new text end

new text begin Building service. new text end

new text begin "Building service" means janitorial, building maintenance,
or security services.
new text end

new text begin Subd. 10. new text end

new text begin Business day. new text end

new text begin "Business day" means Monday through Friday, excluding any
holidays as defined in Minnesota Statutes, section 645.44.
new text end

new text begin Subd. 11. new text end

new text begin Change in control. new text end

new text begin "Change in control" means any sale, assignment, transfer,
contribution, or other disposition of all or substantially all of the assets used in the operation
of an enterprise or a discrete portion of the enterprise that continues in operation as an
enterprise, or a controlling interest, including by consolidation, merger, or reorganization,
of the incumbent employer or any person who controls the incumbent employer.
new text end

new text begin Subd. 12. new text end

new text begin Declared emergency. new text end

new text begin "Declared emergency" means a national security or
peacetime emergency declared by the governor under Minnesota Statutes, section 12.31, a
local emergency declared by the mayor of a municipality or the chair of a county board of
commissioners under Minnesota Statutes, section 12.29, a federal public health emergency
declared by the secretary of the federal Department of Health and Human Services, or a
major disaster or national emergency declared by the president.
new text end

new text begin Subd. 13. new text end

new text begin Eligible employee. new text end

new text begin (a) "Eligible employee" means an individual:
new text end

new text begin (1) whose primary place of employment is at an enterprise subject to a change in control;
new text end

new text begin (2) who is employed directly by the incumbent employer, or by an employer who has
contracted with the incumbent employer to provide services at the enterprise subject to a
change in control; and
new text end

new text begin (3) who has worked for the incumbent employer for at least one month prior to the
execution of the transfer document.
new text end

new text begin (b) Eligible employee does not include a managerial, supervisory, or confidential
employee.
new text end

new text begin Subd. 14. new text end

new text begin Employee. new text end

new text begin "Employee" means an individual who performs services for hire
for at least two hours in a particular week for an employer.
new text end

new text begin Subd. 15. new text end

new text begin Employer. new text end

new text begin "Employer" means any person who directly, indirectly, or through
an agent or any other person, including through the services of a temporary service or staffing
agency or similar entity, owns or operates an enterprise and employs one or more employees.
new text end

new text begin Subd. 16. new text end

new text begin Enterprise. new text end

new text begin "Enterprise" means a hotel, event center, airport hospitality
operation, airport service provider, or the provision of building service to office, retail, or
other commercial buildings.
new text end

new text begin Subd. 17. new text end

new text begin Event center. new text end

new text begin (a) "Event center" means a publicly or privately owned structure
of more than 50,000 square feet or 2,000 seats that is used for the purposes of public
performances, sporting events, business meetings, or similar events, and includes concert
halls, stadiums, sports arenas, racetracks, coliseums, and convention centers.
new text end

new text begin (b) Event center also includes any contracted, leased, or sublet premises connected to
or operated in conjunction with the event center's purpose, including food preparation
facilities, concessions, retail stores, restaurants, bars, and structured parking facilities.
new text end

new text begin Subd. 18. new text end

new text begin Hotel. new text end

new text begin (a) "Hotel" means a building, structure, enclosure, or any part thereof:
new text end

new text begin (1) used as, maintained as, advertised as, or held out to be a place where sleeping
accommodations, lodging, and other related services are furnished to the public; and
new text end

new text begin (2) containing 75 or more guest rooms, or suites of rooms, except adjoining rooms do
not constitute a suite of rooms. The number of guest rooms, or suites of rooms, shall be
calculated based on the room count on the opening of the hotel or on December 31, 2019,
whichever is greater.
new text end

new text begin (b) Hotel also includes any contracted, leased, or sublet premises connected to or operated
in conjunction with the hotel's purpose, or providing services thereat.
new text end

new text begin Subd. 19. new text end

new text begin Incumbent employer. new text end

new text begin "Incumbent employer" means a person who owns or
operates an enterprise subject to a change in control prior to the change in control.
new text end

new text begin Subd. 20. new text end

new text begin Laid-off employee. new text end

new text begin "Laid-off employee" means any employee who was
employed by the employer for six months or more in the 12 months preceding January 31,
2020, and whose most recent separation from actively performing services for hire occurred
after January 31, 2020, and was due to a public health directive, government shutdown
order, lack of business, a reduction in force, or other economic, nondisciplinary reason
related to the declared emergency.
new text end

new text begin Subd. 21. new text end

new text begin Length of service. new text end

new text begin "Length of service" means the total of all periods of time
during which an employee has actively been performing services for hire with the employer,
including periods of time when the employee was on leave or on vacation.
new text end

new text begin Subd. 22. new text end

new text begin Person. new text end

new text begin "Person" means an individual, corporation, partnership, limited
partnership, limited liability partnership, limited liability company, business trust, estate,
trust, association, joint venture, agency, instrumentality, or any other legal or commercial
entity, whether domestic or foreign.
new text end

new text begin Subd. 23. new text end

new text begin Successor employer. new text end

new text begin "Successor employer" means a person that owns or
operates an enterprise subject to a change in control after the change in control.
new text end

new text begin Subd. 24. new text end

new text begin Transfer document. new text end

new text begin "Transfer document" means the purchase agreement or
other documents creating a binding agreement to effect the change in control.
new text end

Sec. 2.

new text begin EMERGENCY REHIRE AND RETENTION OF LAID-OFF EMPLOYEES.
new text end

new text begin Subdivision 1. new text end

new text begin Rehire and recall requirements. new text end

new text begin (a) An employer shall offer its laid-off
employees in writing, to their last known physical address, and by e-mail and text message
to the extent the employer possesses such information, all job positions that become available
after the effective date of this section for which the laid-off employees are qualified. A
laid-off employee is qualified for a position if the employee either:
new text end

new text begin (1) held the same or similar position at the enterprise at the time of the employee's most
recent separation from actively performing services for hire with the employer; or
new text end

new text begin (2) is or can be qualified for the position with the same training that would be provided
to a new employee hired into that position.
new text end

new text begin (b) The employer shall offer positions to laid-off employees in an order of preference
corresponding to paragraph (a), clauses (1) and (2). If more than one employee is entitled
to preference for a position, the employer shall offer the position to the laid-off employee
with the greatest length of service for the enterprise.
new text end

new text begin (c) A laid-off employee who is offered a position pursuant to this section shall be given
at least five business days in which to accept or decline the offer. An employer may make
simultaneous conditional offers of employment to laid-off employees, with a final offer of
employment conditioned on application of the priority system in paragraph (b).
new text end

new text begin (d) An employer that declines to recall a laid-off employee on the grounds of lack of
qualifications and instead hires someone other than a laid-off employee shall provide the
laid-off employee a written notice within 30 days identifying those hired in lieu of that
recall, along with all reasons for the decision.
new text end

new text begin (e) This section also applies in any of the following circumstances:
new text end

new text begin (1) the ownership of the employer changed after the separation from employment of a
laid-off employee but the enterprise is conducting the same or similar operations as before
the declared emergency;
new text end

new text begin (2) the form of organization of the employer changed after the declared emergency;
new text end

new text begin (3) substantially all of the assets of the employer were acquired by another entity which
conducts the same or similar operations using substantially the same assets; or
new text end

new text begin (4) the employer relocates the operations at which a laid-off employee was employed
before the declared emergency to a different location.
new text end

new text begin Subd. 2. new text end

new text begin Successor employer and retention requirements. new text end

new text begin (a)(1) The incumbent
employer shall, within 15 days after the execution of a transfer document, provide to the
successor employer the name, address, date of hire, and employment occupation classification
of each eligible employee.
new text end

new text begin (2) The successor employer shall maintain a preferential hiring list of eligible employees
identified by the incumbent employer under clause (1), and shall be required to hire from
that list for a period beginning upon the execution of the transfer document and continuing
for six months after the enterprise is open to the public under the successor employer.
new text end

new text begin (3) If the successor employer extends an offer of employment to an eligible employee,
the successor employer shall retain written verification of that offer for at least three years
from the date the offer was made. The verification shall include the name, address, date of
hire, and employment occupation classification of each eligible employee.
new text end

new text begin (b)(1) A successor employer shall retain each eligible employee hired pursuant to this
subdivision for no fewer than 90 days following the eligible employee's employment
commencement date. During this 90-day transition employment period, eligible employees
shall be employed under the terms and conditions established by the successor employer
or as required by law. The successor employer shall provide eligible employees with a
written offer of employment. This offer shall remain open for at least five business days
from the date of the offer. A successor employer may make simultaneous conditional offers
of employment to eligible employees, with a final offer of employment conditioned on
application of the priority system set forth in clause (2).
new text end

new text begin (2) If, within the period established in paragraph (a), clause (2), the successor employer
determines that it requires fewer eligible employees than were required by the incumbent
employer, the successor employer shall retain eligible employees by seniority within each
job classification to the extent that comparable job classifications exist.
new text end

new text begin (3) During the 90-day transition employment period, the successor employer shall not
discharge without cause an eligible employee retained pursuant to this subdivision.
new text end

new text begin (4) At the end of the 90-day transition employment period, the successor employer shall
perform a written performance evaluation for each eligible employee retained pursuant to
this section. If the eligible employee's performance during the 90-day transition employment
period is satisfactory, the successor employer shall consider offering the eligible employee
continued employment under the terms and conditions established by the successor employer
or as required by law. The successor employer shall retain a record of the written performance
evaluation for a period of no fewer than three years.
new text end

new text begin (c)(1) The incumbent employer shall post written notice of the change in control at the
location of the affected enterprise within five business days following the execution of the
transfer document. Notice shall remain posted during any closure of the enterprise and for
six months after the enterprise is open to the public under the successor employer.
new text end

new text begin (2) Notice shall include but not be limited to the name of the incumbent employer and
its contact information, the name of the successor employer and its contact information,
and the effective date of the change in control.
new text end

new text begin (3) Notice shall be posted in a conspicuous place at the enterprise so as to be readily
viewed by eligible employees, other employees, and applicants for employment.
new text end

new text begin Subd. 3. new text end

new text begin Employment protections. new text end

new text begin No employer shall refuse to employ, terminate,
reduce in compensation, or otherwise take any adverse action against any employee for
seeking to enforce their rights under sections 1 to 4, by any lawful means, for participating
in proceedings related to these sections, opposing any practice prescribed by these sections,
or otherwise asserting rights under these sections. This subdivision also applies to any
employee who mistakenly, but in good faith, alleges noncompliance with these sections.
new text end

new text begin Subd. 4. new text end

new text begin Collective bargaining rights. new text end

new text begin (a) All of the provisions in sections 1 to 4 may
be waived in a valid collective bargaining agreement, but only if the waiver is explicitly set
forth in that agreement in clear and unambiguous terms. Unilateral implementation of terms
and conditions of employment by either party to a collective bargaining relationship shall
not constitute or be permitted as a waiver of all or any part of the provisions of sections 1
to 4.
new text end

new text begin (b) Nothing in sections 1 to 4 limits the right of employees to bargain collectively with
their employers through representatives of their own choosing to establish retention or
rehiring conditions more favorable to the employees than those required by these sections.
new text end

Sec. 3.

new text begin ENFORCEMENT AND COMPLIANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Enforcement. new text end

new text begin (a) An employee, including any eligible employee, may
file an action in the Minnesota District Court, or may file a complaint with the Department
of Labor and Industry, Labor Standards and Apprenticeship Division, against the employer,
or in the case of a violation of section 2, subdivision 2, incumbent employer or the successor
employer, for violations of section 2, and may be awarded any or all of the following, as
appropriate:
new text end

new text begin (1) hiring and reinstatement rights pursuant to section 2, with the 90-day transition
employment period not commencing until the eligible employee's employment
commencement date with the successor employer;
new text end

new text begin (2) front pay or back pay for each day during which the violation continues, which shall
be calculated at a rate of compensation not less than the highest of any of the following
rates:
new text end

new text begin (i) the average regular rate of pay received by the employee or eligible employee during
the last three years of that employee's employment in the same occupation classification;
new text end

new text begin (ii) the most recent regular rate received by the employee or eligible employee while
employed by the employer, incumbent employer, or successor employer; or
new text end

new text begin (iii) the regular rate received by the individual in the position during the time that the
employee or eligible employee should have been employed;
new text end

new text begin (3) value of the benefits the employee or eligible employee would have received under
the employer or successor employer's benefit plan; or
new text end

new text begin (4) in an action brought in the district court, a prevailing employee shall be awarded
reasonable attorneys' fees and costs.
new text end

new text begin (b) The Labor Standards and Apprenticeship Division shall investigate complaints filed
under this section, and if an employer, incumbent employer, or successor employer is found
to have violated section 2, the division shall determine and issue an award to an employee
pursuant to paragraph (a).
new text end

new text begin (c) No criminal penalties shall be imposed for a violation of section 2.
new text end

new text begin (d) This subdivision shall not be construed to limit a discharged employee or eligible
employee's right to pursue any other remedies available to an employee in law or equity.
new text end

new text begin Subd. 2. new text end

new text begin Compliance. new text end

new text begin The commissioner of labor and industry may issue a compliance
order under Minnesota Statutes, section 177.27, subdivision 4, requiring an employer to
comply with section 2.
new text end

new text begin Subd. 3. new text end

new text begin Interaction with local law. new text end

new text begin Nothing in this section shall prohibit a local
government agency from enacting ordinances that impose greater standards than, or establish
additional enforcement provisions to, those prescribed by this section.
new text end

Sec. 4.

new text begin CITATION.
new text end

new text begin Sections 1 to 4 may be cited as the "Emergency Rehire and Retention Law."
new text end

Sec. 5. new text beginEFFECTIVE DATES.
new text end

new text begin Sections 1 to 4 are effective the day following final enactment and expire December 31,
2022.
new text end

ARTICLE 6

ESSENTIAL WORKERS EMERGENCY LEAVE

Section 1. new text beginESSENTIAL WORKERS EMERGENCY LEAVE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Airport service provider" means a business other than an air carrier certificated by
the Federal Aviation Administration, that performs, under contract with a passenger air
carrier, airport facility management, or airport authority, functions on the property of the
airport that are directly related to the air transportation of persons, property, or mail, including
but not limited to:
new text end

new text begin (1) the loading and unloading of property on aircraft;
new text end

new text begin (2) assistance to passengers under Code of Federal Regulations, title 14, part 382;
new text end

new text begin (3) security;
new text end

new text begin (4) airport ticketing and check-in functions;
new text end

new text begin (5) ground-handling of aircraft;
new text end

new text begin (6) aircraft cleaning and sanitization functions; or
new text end

new text begin (7) airport authority.
new text end

new text begin (c) "Child" means a biological, adopted, or foster child, stepchild, legal ward, or child
for whom the essential worker is a legal guardian.
new text end

new text begin (d) "Emergency paid sick leave" means paid leave time provided under this section for
a reason provided in subdivision 2 that is not:
new text end

new text begin (1) fully compensated through workers' compensation benefits or unemployment
insurance benefits; or
new text end

new text begin (2) guaranteed to essential workers through other paid sick leave benefits under state
law or federal law or an executive order related to COVID-19.
new text end

new text begin (e) "Essential worker" means a person who performs services for hire for an employer
for one day or more, and who:
new text end

new text begin (1) is an emergency responder or health care provider as defined in Code of Federal
Regulations, title 29, section 826.30(c), including but not limited to nurses, peace officers,
firefighters, correctional institution personnel, emergency medical services personnel, and
social workers;
new text end

new text begin (2) is a licensed or unlicensed employee employed by or under contract with:
new text end

new text begin (i) a hospital, boarding care home, or outpatient surgical center licensed under Minnesota
Statutes, sections 144.50 to 144.56;
new text end

new text begin (ii) a nursing home licensed under Minnesota Statutes, sections 144A.01 to 144A.162;
new text end

new text begin (iii) a housing with services establishment registered under Minnesota Statutes, section
144D.02, and operating under Minnesota Statutes, sections 144G.01 to 144G.07;
new text end

new text begin (iv) the arranged home care provider of an establishment specified in item (iii);
new text end

new text begin (v) an unlicensed health care clinic; or
new text end

new text begin (vi) an unlicensed office of a physician or advanced practice registered nurse;
new text end

new text begin (3) is a public school employee;
new text end

new text begin (4) works for an airport service provider; or
new text end

new text begin (5) works for a private employer performing work in the following sectors:
new text end

new text begin (i) building service, including janitorial, building maintenance, and security services;
new text end

new text begin (ii) child care;
new text end

new text begin (iii) food service, including food manufacture, production, processing, preparation, sale,
and delivery;
new text end

new text begin (iv) hotel accommodations;
new text end

new text begin (v) manufacturing; or
new text end

new text begin (vi) retail, including but not limited to sales, fulfillment, distribution, and delivery.
new text end

new text begin (f) "Employer" means a person who employs one or more essential workers, including
but not limited to a corporation, partnership, limited liability company, association, group
of persons, hospital, state, county, town, city, school district, or governmental subdivision,
excluding the federal government.
new text end

new text begin (g) "Retaliatory personnel action" means any form of intimidation, threat, reprisal,
harassment, discrimination, or adverse employment action, including discipline, discharge,
suspension, transfer, or reassignment to a lesser position in terms of job classification, job
security, or other condition of employment; reduction in pay or hours or denial of additional
hours; the accumulation of points under an attendance point system; informing another
employer that the person has engaged in activities protected by this section; or reporting or
threatening to report the actual or suspected citizenship or immigration status of an employee,
former employee, or family member of an employee to a federal, state, or local agency.
new text end

new text begin Subd. 2. new text end

new text begin Emergency paid sick leave. new text end

new text begin An employer shall provide emergency paid sick
leave to an essential worker who is unable to work or telework due to any of the following
reasons:
new text end

new text begin (1) the essential worker is subject to a federal, state, or local quarantine or isolation order
related to COVID-19;
new text end

new text begin (2) the essential worker has been advised by a health care provider to self-quarantine
due to concerns related to COVID-19;
new text end

new text begin (3) the essential worker is experiencing symptoms of COVID-19 and seeking a medical
diagnosis;
new text end

new text begin (4) the essential worker is seeking or awaiting the results of a diagnostic test for, or a
medical diagnosis of, COVID-19 and the essential worker has been exposed to COVID-19
or the essential worker's employer has requested a test or diagnosis;
new text end

new text begin (5) the essential worker is obtaining an immunization related to COVID-19 or recovering
from an injury, disability, illness, or condition related to the immunization;
new text end

new text begin (6) the essential worker is caring for an individual who is subject to an order as described
in clause (1) or has been advised as described in clause (2); or
new text end

new text begin (7) the essential worker is caring for a child of the essential worker if the school or place
of care of the child has been closed, or the child care provider of the child is unavailable
due to COVID-19 precautions.
new text end

new text begin Subd. 3. new text end

new text begin Duration and use of leave. new text end

new text begin (a) An essential worker is entitled to emergency
paid sick leave as provided under this section for the following number of hours through
March 31, 2021, and an equal number of hours for the period beginning April 1, 2021:
new text end

new text begin (1) up to 80 hours for an essential worker who:
new text end

new text begin (i) the employer considers to work full time;
new text end

new text begin (ii) works or was scheduled to work on average what are considered full-time hours by
the employer, including pursuant to any applicable collective bargaining agreement; or
new text end

new text begin (iii) works or was scheduled to work at least 40 hours per week for the employer on
average over a two-week period;
new text end

new text begin (2) a number of hours equal to the number of hours that an essential worker works for
the employer on average over a two-week period for any essential worker who:
new text end

new text begin (i) the employer considers to work part time;
new text end

new text begin (ii) works or was scheduled to work on average what are considered part-time hours by
the employer, including pursuant to any applicable collective bargaining agreement; or
new text end

new text begin (iii) works or was scheduled to work fewer than 40 hours per week for the employer on
average over a two-week period; or
new text end

new text begin (3) 14 times the average number of hours an essential worker worked per day for the
employer for the previous six months, or for the entire period the essential worker has
worked for the employer, whichever is shorter, for an essential worker who works variable
hours and who is not covered by clause (1) or (2).
new text end

new text begin (b) Leave under this section is available for use by an essential worker for a reason listed
in subdivision 2 beginning the day following final enactment and may be used intermittently,
provided that any amount of leave taken under this section ends with the essential worker's
next scheduled work shift immediately following the termination of the essential worker's
need for leave under a reason provided in subdivision 2.
new text end

new text begin (c) After the first workday or portion thereof that an essential worker receives leave
under this section, an employer may require the essential worker to follow reasonable notice
procedures to continue receiving leave.
new text end

new text begin (d) Leave under this section expires 30 days after a peacetime emergency declared by
the governor in an executive order that relates to the infectious disease known as COVID-19
is terminated or rescinded.
new text end

new text begin Subd. 4. new text end

new text begin Amount of compensation. new text end

new text begin (a) An essential worker shall receive compensation
for each hour of emergency paid sick leave received under this section in an amount that is
the greater of:
new text end

new text begin (1) the essential worker's regular rate of pay for the essential worker's last pay period,
including pursuant to any collective bargaining agreement that applies;
new text end

new text begin (2) the state minimum wage in effect under Minnesota Statutes, section 177.24; or
new text end

new text begin (3) the local minimum wage to which the essential worker is entitled.
new text end

new text begin (b) In no event shall emergency paid sick time provided under this section exceed $511
per day, nor shall emergency paid sick time provided under this section exceed $5,110 in
the aggregate for the period ending March 31, 2021, or $5,110 in the aggregate for the period
beginning April 1, 2021.
new text end

new text begin (c) Unused or remaining leave under this section shall not carry over past the expiration
of this section.
new text end

new text begin (d) Nothing in this section shall be construed to require financial or other reimbursement
to an essential worker from an employer upon the essential worker's termination, resignation,
retirement, or other separation from employment for emergency paid sick time under this
section that has not been used by the essential worker.
new text end

new text begin Subd. 5. new text end

new text begin Relationship to other leave. new text end

new text begin (a) Except as provided in paragraph (c), emergency
paid sick leave under this section is in addition to any paid or unpaid leave provided to an
essential worker by an employer under a collective bargaining agreement, negotiated
agreement, contract, or any other employment policy.
new text end

new text begin (b) An essential worker may use leave provided under this section first, and except as
provided in paragraph (c), an employer shall not require an essential worker to use other
paid or unpaid leave provided by the employer before the essential worker uses the leave
provided under this section or in lieu of the leave provided under this section.
new text end

new text begin (c) Notwithstanding paragraphs (a) and (b), if an employer has already provided an
essential worker with additional paid leave for any reason provided in subdivision 2, and
the leave was in addition to the regular amount of paid leave provided by the employer and
compensated the essential worker in an amount equal to or greater than the amount of
compensation provided under this section, the employer may credit the other additional
paid leave toward the total number of hours of emergency paid sick leave required under
this section; provided, however, that if the other paid leave compensated the essential worker
at an amount less than the amount of compensation provided under this section, the employer
is required to comply with this section to the extent of the deficiency to receive the credit
under this paragraph.
new text end

new text begin (d) An employer shall provide notice to essential workers of the requirements for
emergency paid sick leave provided under this section.
new text end

new text begin (e) Nothing in this section is deemed:
new text end

new text begin (1) to limit the rights of an essential worker or employer under any law, rule, regulation,
or collectively negotiated agreement, or the rights and benefits that accrue to essential
workers through collective bargaining agreements, or the rights of essential workers with
respect to any other employment benefits; or
new text end

new text begin (2) to prohibit any personnel action that otherwise would have been taken regardless of
a request to use, or use of, any leave provided by this section.
new text end

new text begin (f) Nothing in this section shall prevent an employer from providing, or the parties to a
collective bargaining agreement from agreeing to, leave benefits that meet or exceed and
do not otherwise conflict with the requirements for emergency paid sick leave under this
section.
new text end

new text begin Subd. 6. new text end

new text begin Nursing home reimbursement for emergency paid sick leave
benefits.
new text end

new text begin Nursing homes reimbursed under Minnesota Statutes, chapter 256R, may apply
for reimbursement for emergency paid sick leave costs described in this section from the
commissioner of human services under Minnesota Statutes, section 12A.10, subdivision 1,
for expenses incurred. The emergency paid sick leave expenses under this section are not
allowable costs under Minnesota Statutes, chapter 256R.
new text end

new text begin Subd. 7. new text end

new text begin Requirements and enforcement. new text end

new text begin (a) An employer shall not take any retaliatory
personnel action against an essential worker for requesting or obtaining emergency paid
sick leave under this section or for bringing a complaint related to this section, including a
proceeding that seeks enforcement of this section.
new text end

new text begin (b) The Department of Labor and Industry shall enforce this section. The commissioner
has the authority provided under Minnesota Statutes, section 177.27, subdivision 4, including
the authority to issue an order requiring an employer to comply with this section. The
commissioner may investigate complaints of violations of this section as necessary to
determine whether a violation has occurred. If the commissioner finds that an employer has
violated this section, the commissioner shall fine the employer up to $1,000 for each willful
violation for each essential worker.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective:
new text end

new text begin (1) the day following final enactment for essential workers hired by an employer on or
after the day following final enactment of this section; and
new text end

new text begin (2) retroactively from March 13, 2020, for essential workers who were employed on or
after March 13, 2020, and are currently employed as of the day following final enactment
or May 17, 2021, whichever is earlier.
new text end

new text begin Subdivisions 1 to 6 sunset on September 30, 2021, or 30 days after a peacetime emergency
declared by the governor in an executive order that relates to the infectious disease known
as COVID-19 is terminated or rescinded, whichever is later. Subdivision 7 sunsets June 30,
2023.
new text end

ARTICLE 7

SAFE WORKPLACES FOR MEAT AND POULTRY PROCESSING WORKERS

Section 1.

new text begin [179.87] TITLE.
new text end

new text begin Sections 179.87 to 179.8757 may be titled the Safe Workplaces for Meat and Poultry
Processing Workers Act.
new text end

Sec. 2.

new text begin [179.871] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of sections 179.87 to 179.8757, the terms in
this section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Authorized employee representative. new text end

new text begin "Authorized employee representative"
has the meaning given in section 182.651, subdivision 22.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of labor and industry
or the commissioner's designee.
new text end

new text begin Subd. 4. new text end

new text begin Coordinator. new text end

new text begin "Coordinator" means the meatpacking industry worker rights
coordinator or the coordinator's designee.
new text end

new text begin Subd. 5. new text end

new text begin Meat-processing worker. new text end

new text begin "Meat-processing worker" or "worker" means any
individual who a meat-processing employer suffers or permits to work directly in contact
with raw meatpacking products in a meatpacking operation, including independent contractors
and persons performing work for an employer through a temporary service or staffing
agency.
new text end

new text begin Subd. 6. new text end

new text begin Meatpacking operation. new text end

new text begin "Meatpacking operation" or "meat-processing
employer" means a business in which slaughtering, butchering, meat canning, meatpacking,
meat manufacturing, poultry canning, poultry packing, poultry manufacturing, pet food
manufacturing, egg production, processing of meatpacking products, or rendering occurs.
Meatpacking operation or meat-processing employer does not mean a grocery store, deli,
restaurant, or other business preparing meat or poultry products for immediate consumption.
new text end

new text begin Subd. 7. new text end

new text begin Meatpacking products. new text end

new text begin "Meatpacking products" means meat food products
and poultry food products as defined in section 31A.02, subdivision 10.
new text end

new text begin Subd. 8. new text end

new text begin Public health emergency. new text end

new text begin "Public health emergency" means a peacetime
emergency declared by the governor under section 12.31, a federal public health emergency
declared by the secretary of the Department of Health and Human Services, or a national
emergency declared by the president due to infectious disease or another significant threat
to public health.
new text end

Sec. 3.

new text begin [179.8715] WORKER RIGHTS COORDINATOR.
new text end

new text begin (a) The commissioner must appoint a meatpacking industry worker rights coordinator
in the Department of Labor and Industry and provide the coordinator with necessary office
space, furniture, equipment, supplies, and assistance.
new text end

new text begin (b) The coordinator must enforce sections 179.87 to 179.8757, including inspecting,
reviewing, and recommending improvements to the practices and procedures of meatpacking
operations in Minnesota. A meat-processing employer must grant the coordinator full access
to all meatpacking operations in this state at any time that meatpacking products are being
processed or meat-processing workers are on the job.
new text end

new text begin (c) No later than December 1 each year, the coordinator must submit a report to the
governor and the chairs and ranking minority members of the legislative committees with
jurisdiction over labor. The report must include recommendations to promote better treatment
of meat-processing workers. The coordinator shall also post the report on the Department
of Labor and Industry's website.
new text end

Sec. 4.

new text begin [179.872] REFUSAL TO WORK UNDER DANGEROUS CONDITIONS.
new text end

new text begin (a) A meat-processing worker has a right to refuse to work under conditions that the
worker reasonably believes would expose the worker, other workers, or the public to an
unreasonable risk of illness or injury, or exposure to illness or injury, including the infectious
disease known as COVID-19.
new text end

new text begin (b) A meat-processing employer must not discriminate or take adverse action against
any worker for a good faith refusal to work if the worker has requested that the employer
correct a hazardous condition and that condition remains uncorrected.
new text end

new text begin (c) A meat-processing worker who has refused in good faith to work under paragraph
(a) or (b) and who has not been reassigned to other work by the meat-processing employer
must, in addition to retaining a right to continued employment, continue to be paid by the
employer for the hours that would have been worked until such time as the meat-processing
employer can demonstrate that the condition has been remedied.
new text end

Sec. 5.

new text begin [179.874] UNEMPLOYMENT INSURANCE; DANGEROUS MEAT
PACKING CONDITIONS.
new text end

new text begin (a) Notwithstanding any law to the contrary, the provisions of this section govern
unemployment insurance claims for meat-processing workers.
new text end

new text begin (b) An individual who left employment because a meat-processing employer failed to
cure a working condition that made the work environment unsuitable for health or safety
reasons has good cause for leaving employment.
new text end

new text begin (c) During a public health emergency, an individual must not be required to prove that
a working condition that made the environment unsuitable for health or safety reasons was
unique to the worker or that the risk was not customary to the worker's occupation.
new text end

new text begin (d) An individual must be deemed to have exhausted reasonable alternatives to leaving
if the individual, authorized employee representative, or another employee notified the
meat-processing employer of the unsafe or unhealthy working condition and the employer
did not cure it or if the employer knew or should have had reason to know that the condition
made the work environment unsuitable and did not cure it.
new text end

new text begin (e) During a public health emergency, an individual has good cause to leave employment
if the individual leaves to care for a seriously ill or quarantined family or household member.
new text end

new text begin (f) An individual has good cause to refuse an offer of employment or reemployment if
the meat-processing employer has not cured a working condition that makes the work
environment unsuitable for health or safety reasons, including any condition that required
the workplace to close or reduce operations pursuant to a state or federal executive order
issued during a public health emergency.
new text end

new text begin (g) An individual has good cause to refuse an offer of employment or reemployment
from a meat-processing employer if the conditions of work would require the individual to
violate government public health guidance or to assume an unreasonable health risk.
new text end

new text begin (h) An individual has good cause to refuse an offer of employment or reemployment
from a meat-processing employer if the individual is required to care for a child whose
school is closed due to a public health emergency or if the individual is required to otherwise
care for a family or household member during a public health emergency.
new text end

Sec. 6.

new text begin [179.875] ENFORCEMENT AND COMPLIANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Administrative enforcement. new text end

new text begin The coordinator, either on the coordinator's
initiative or in response to a complaint, may inspect a meatpacking operation and subpoena
records and witnesses. If a meat-processing employer does not comply with the coordinator's
inspection, the coordinator may seek relief as provided in this section.
new text end

new text begin Subd. 2. new text end

new text begin Compliance authority. new text end

new text begin The commissioner of labor and industry may issue a
compliance order under section 177.27, subdivision 4, requiring an employer to comply
with sections 179.87 to 179.8757.
new text end

new text begin Subd. 3. new text end

new text begin Private civil action. new text end

new text begin If a meat-processing employer does not comply with a
provision in sections 179.87 to 179.8757, an aggrieved worker, authorized employee
representative, or other person may bring a civil action in a court of competent jurisdiction
within three years of an alleged violation and, upon prevailing, must be awarded the relief
provided in this section. Pursuing administrative relief is not a prerequisite for bringing a
civil action.
new text end

new text begin Subd. 4. new text end

new text begin Other government enforcement. new text end

new text begin The attorney general may enforce sections
179.87 to 179.8757 under section 8.31. A city or county attorney may also enforce these
sections. Such law enforcement agencies may inspect meatpacking operations and subpoena
records and witnesses and, where such agencies determine that a violation has occurred,
may bring a civil action as provided in this section.
new text end

new text begin Subd. 5. new text end

new text begin Relief. new text end

new text begin (a) In a civil action or administrative proceeding brought to enforce
sections 179.87 to 179.8757, the court or coordinator must order relief as provided in this
subdivision.
new text end

new text begin (b) For any violation of sections 179.87 to 179.8757:
new text end

new text begin (1) an injunction to order compliance and restrain continued violations, including through
a stop work order or business closure;
new text end

new text begin (2) payment to a prevailing worker by a meat-processing employer of reasonable costs,
disbursements, and attorney fees; and
new text end

new text begin (3) a civil penalty payable to the state of not less than $100 per day per worker affected
by the meat-processing employer's noncompliance with sections 179.87 to 179.8757.
new text end

new text begin (c) For any violation of section 179.872:
new text end

new text begin (1) reinstatement of the worker to the same position held before any adverse personnel
action or to an equivalent position, reinstatement of full fringe benefits and seniority rights,
and compensation for unpaid wages, benefits and other remuneration, or front pay in lieu
of reinstatement; and
new text end

new text begin (2) compensatory damages payable to the aggrieved worker equal to the greater of $5,000
or twice the actual damages, including unpaid wages, benefits and other remuneration, and
punitive damages.
new text end

new text begin Subd. 6. new text end

new text begin Whistleblower enforcement; penalty distribution. new text end

new text begin (a) The relief provided in
this section may be recovered through a private civil action brought on behalf of the
commissioner in a court of competent jurisdiction by another individual, including an
authorized employee representative, pursuant to this subdivision.
new text end

new text begin (b) The individual must give written notice to the coordinator of the specific provision
or provisions of sections 179.87 to 179.8757 alleged to have been violated. The individual
or representative organization may commence a civil action under this subdivision if no
enforcement action is taken by the coordinator within 30 days.
new text end

new text begin (c) Civil penalties recovered pursuant to this subdivision must be distributed as follows:
new text end

new text begin (1) 70 percent to the commissioner for enforcement of sections 179.87 to 179.8757; and
new text end

new text begin (2) 30 percent to the individual or authorized employee representative.
new text end

new text begin (d) The right to bring an action under this subdivision shall not be impaired by private
contract. A public enforcement action must be tried promptly, without regard to concurrent
adjudication of a private claim for the same alleged violation.
new text end

Sec. 7.

new text begin [179.8755] RETALIATION AGAINST EMPLOYEES AND
WHISTLEBLOWERS PROHIBITED.
new text end

new text begin (a) No meat-processing employer or other person may discriminate or take adverse
action against any worker or other person who raises a concern about meatpacking operation
health and safety practices or hazards to the employer, the employer's agent, other workers,
a government agency, or to the public, including through print, online, social, or any other
media.
new text end

new text begin (b) If an employer or other person takes adverse action against a worker or other person
within 90 days of the worker's or person's engagement or attempt to engage in activities
protected by sections 179.87 to 179.8757, such conduct raises a presumption that the action
is retaliatory. The presumption may be rebutted by clear and convincing evidence that the
action was taken for other permissible reasons.
new text end

new text begin (c) No meat-processing employer or other person may attempt to require any worker to
sign a contract or other agreement that would limit or prevent the worker from disclosing
information about workplace health and safety practices or hazards, or to otherwise abide
by a workplace policy that would limit or prevent such disclosures. Any such agreements
or policies are hereby void and unenforceable as contrary to the public policy of this state.
An employer's attempt to impose such a contract, agreement, or policy shall constitute an
adverse action enforceable under sections 179.87 to 179.8757.
new text end

new text begin (d) Reporting or threatening to report a meat-processing worker's suspected citizenship
or immigration status, or the suspected citizenship or immigration status of a family member
of the worker, to a federal, state, or local agency because the worker exercises a right under
sections 179.87 to 179.8757 constitutes an adverse action for purposes of establishing a
violation of that worker's rights. For purposes of this paragraph, "family member" means a
spouse, parent, sibling, child, uncle, aunt, niece, nephew, cousin, grandparent, or grandchild
related by blood, adoption, marriage, or domestic partnership.
new text end

new text begin (e) Any worker who brings a complaint under sections 179.87 to 179.8757 and suffers
retaliation is entitled to treble damages in addition to lost pay and recovery of attorney fees
and costs.
new text end

new text begin (f) Any company who is found to have retaliated against a food processing worker must
pay a fine of up to $5,000 to the commissioner.
new text end

Sec. 8.

new text begin [179.8756] MEATPACKING WORKER CHRONIC INJURIES AND
WORKPLACE SAFETY.
new text end

new text begin Subdivision 1. new text end

new text begin Safe worker program required; facility committee. new text end

new text begin (a) Meat-processing
employers must adopt a safe worker program as part of the employer's work accident and
injury reduction program to minimize and prevent musculoskeletal disorders. For purposes
of this section, "musculoskeletal disorders" includes carpal tunnel syndrome, tendinitis,
rotator cuff injuries, trigger finger, epicondylitis, muscle strains, and lower back injuries.
new text end

new text begin (b) The meat-processing employer's safe worker program must be developed and
implemented by a committee of individuals who are knowledgeable of the tasks and work
processes performed by workers at the employer's facility. The committee must include:
new text end

new text begin (1) a certified professional ergonomist;
new text end

new text begin (2) a licensed, board-certified physician, with preference given to a physician who has
specialized experience and training in occupational medicine, or if it is not practicable for
a physician to be a member of the committee, the employer must ensure that its safe worker
program is reviewed and approved by a licensed, board-certified physician, with preference
given to a physician who has specialized experience and training in occupational medicine;
and
new text end

new text begin (3) at least three workers employed in the employer's facility who have completed a
general industry outreach course approved by the commissioner, one of whom must be an
authorized employee representative if the employer is party to a collective bargaining
agreement.
new text end

new text begin Subd. 2. new text end

new text begin Program elements. new text end

new text begin (a) The committee must establish written procedures to
identify ergonomic hazards and contributing risk factors, which must include:
new text end

new text begin (1) the ergonomic assessment tools used to measure ergonomic hazards;
new text end

new text begin (2) all jobs where the committee has an indication or knowledge that ergonomic hazards
may exist; and
new text end

new text begin (3) workers who perform the same job or a sample of workers in that job who have the
greatest exposure to the ergonomic hazard.
new text end

new text begin (b) The committee must conduct ergonomic assessments to identify hazards and
contributing risk factors; review all surveillance data at least quarterly to identify ergonomic
hazards and contributing risk factors; and maintain records of the hazard identification
process, which, at a minimum, must include the completed ergonomic assessment tools,
the results of the ergonomic assessments including the jobs and workers evaluated, and the
assessment dates.
new text end

new text begin (c) The committee must implement a written ergonomic hazard prevention and control
plan to identify and select methods to eliminate, prevent, or control the ergonomic hazards
and contributing risk factors. The plan must:
new text end

new text begin (1) set goals, priorities, and a timeline to eliminate, prevent, or control the ergonomic
hazards and contributing risk factors identified;
new text end

new text begin (2) identify the person or persons responsible for ergonomic hazard assessments and
implementation of controls;
new text end

new text begin (3) rely upon the surveillance data and the ergonomic risk assessment results; and
new text end

new text begin (4) take into consideration the severity of the risk, the numbers of workers at risk, and
the likelihood that the intervention will reduce the risk.
new text end

new text begin (d) A meat-processing employer must control, reduce, or eliminate ergonomic hazards
which lead to musculoskeletal disorders to the extent feasible by using engineering, work
practice, and administrative controls.
new text end

new text begin (e) The committee must monitor at least annually the implementation of the plan including
the effectiveness of controls and evaluate progress in meeting program goals.
new text end

new text begin Subd. 3. new text end

new text begin New employee training. new text end

new text begin (a) A meat-processing employer must work with the
committee to provide each new employee with information regarding:
new text end

new text begin (1) the committee and its members;
new text end

new text begin (2) the facility's hazard prevention and control plan;
new text end

new text begin (3) early signs and symptoms of musculoskeletal injuries and the procedures for reporting
them;
new text end

new text begin (4) procedures for reporting other injuries and hazards;
new text end

new text begin (5) engineering and administrative hazard controls implemented in the workplace,
including ergonomic hazard controls; and
new text end

new text begin (6) the availability and use of personal protective equipment.
new text end

new text begin (b) A meat-processing employer must work with the committee and ensure that new
workers receive safety training prior to staring a job that the worker has not performed
before. The employer must provide the safety training during working hours and compensate
the new employee at the employee's standard rate of pay. The employer also must give a
new employee an opportunity within 30 days of the employee's hire date to receive a refresher
training on the topics covered in the new worker safety training. The employer must provide
new employee training in a language and with vocabulary that the employee can understand.
new text end

new text begin Subd. 4. new text end

new text begin New task and annual safety training. new text end

new text begin (a) Meat-processing employers must
provide every worker who is assigned a new task if the worker has no previous work
experience with training on how to safely perform the task, the ergonomic and other hazards
associated with the task, and training on the early signs and symptoms of musculoskeletal
injuries and the procedures for reporting them. The employer must give a worker an
opportunity within 30 days of receiving the new task training to receive refresher training
on the topics covered in the new task training. The employer must provide this training in
a language and with vocabulary that the employee can understand.
new text end

new text begin (b) Meat-processing employers must provide each worker with no less than eight hours
of safety training each year. This annual training must address health and safety topics that
are relevant to the establishment, such as cuts, lacerations, amputations, machine guarding,
biological hazards, lockout/tagout, hazard communication, ergonomic hazards, and personal
protective equipment. At least two of the eight hours of annual training must be on topics
related to the facility's ergonomic injury prevention program, including the assessment of
surveillance data, the ergonomic hazard prevention and control plan, and the early signs
and symptoms of musculoskeletal disorders and the procedures for reporting them. The
employer must provide this training in a language and with vocabulary that the employee
can understand.
new text end

new text begin Subd. 5. new text end

new text begin Attestation and record keeping. new text end

new text begin Meat-processing employers must maintain
a written attestation dated and signed by each person who provides training and each
employee who receives training pursuant to this section. This attestation must certify that
the employer has provided training consistent with the requirements of this section. The
employer must ensure that these records are up to date and available to the commissioner,
the coordinator, and the authorized employee representative upon request.
new text end

new text begin Subd. 6. new text end

new text begin Medical services and qualifications. new text end

new text begin (a) Meat-processing employers must
ensure that:
new text end

new text begin (1) all first-aid providers, medical assistants, nurses, and physicians engaged by the
employer are licensed and perform their duties within the scope of their licensed practice;
new text end

new text begin (2) medical management of musculoskeletal disorders is under direct supervision of a
licensed physician specializing in occupational medicine who will advise on best practices
for management and prevention of work-related musculoskeletal disorders; and
new text end

new text begin (3) medical management of musculoskeletal injuries follows the most current version
of the American College of Occupational and Environmental Medicine practice guidelines.
new text end

new text begin (b) Meat-processing employers must make a record of all worker visits to medical or
first aid personnel, regardless of severity or type of illness or injury, and make these records
available to the coordinator and the authorized employee representative.
new text end

new text begin (c) Meat-processing employers must maintain records of all ergonomic injuries suffered
by workers for at least five years.
new text end

new text begin (d) The coordinator may compile, analyze, and publish annually, either in summary or
detailed form, all reports or information obtained under sections 179.87 to 179.8757,
including information about safe worker programs, and may cooperate with the United
States Department of Labor in obtaining national summaries of occupational deaths, injuries,
and illnesses. The coordinator must preserve the anonymity of each employee with respect
to whom medical reports or information is obtained.
new text end

new text begin (e) Meat-processing employers must not institute or maintain any program, policy, or
practice that discourages employees from reporting injuries, hazards, or safety standard
violations.
new text end

new text begin Subd. 7. new text end

new text begin Rulemaking required. new text end

new text begin The commissioner must adopt rules requiring employers
to maintain accurate records of meat-processing worker exposure to ergonomic hazards.
new text end

new text begin Subd. 8. new text end

new text begin Pandemic protections. new text end

new text begin (a) This subdivision applies during a peacetime public
health emergency declared under section 12.31, subdivision 2.
new text end

new text begin (b) Meat-processing employers must maintain at least a six-foot radius of space around
and between each worker. An employer may accomplish such distancing by increasing
physical space between workstations, slowing production speeds, staggering shifts and
breaks, adjusting shift size, or a combination thereof. The employer must reconfigure
common or congregate spaces to allow for such distancing, including lunch rooms, break
rooms, and locker rooms. The coordinator must reinforce social distancing by allowing
workers to maintain six feet of distance along with the use of plastic barriers.
new text end

new text begin (c) Meat-processing employers must provide employees with face masks and must make
face shields available on request. Face masks, including replacement face masks, and face
shields must be provided at no cost to the employee. All persons present at the meatpacking
operation must wear face masks in the facility except in those parts of the facility where
infection risk is low because workers work in isolation.
new text end

new text begin (d) Meat-processing employers must provide all meat-processing workers with the ability
to frequently and routinely sanitize their hands with either hand-washing or hand-sanitizing
stations. The employer must ensure that restrooms have running hot and cold water and
paper towels and are in sanitary condition. The employer must provide gloves to those who
request them.
new text end

new text begin (e) Meat-processing employers must clean and regularly disinfect all frequently touched
surfaces in the workplace, such as workstations, training rooms, machinery controls, tools,
protective garments, eating surfaces, bathrooms, showers, and other similar areas. Employers
must install and maintain ventilation systems that ensure unidirectional air flow, outdoor
air, and filtration in both production areas and common areas such as cafeterias and locker
rooms.
new text end

new text begin (f) Meat-processing employers must disseminate all required communications, notices,
and any published materials regarding these protections in English, Spanish, and other
languages as required for employees to understand the communication.
new text end

new text begin (g) Meat-processing employers must provide adequate break time for workers to use
the bathroom, wash their hands, and don and doff protective equipment.
new text end

new text begin (h) Meat-processing employers must provide sufficient personal protective equipment
for each employee for each shift, plus replacements, at no cost to the employee.
Meat-processing employers must provide training in proper use of personal protective
equipment, safety procedures, and sanitation.
new text end

new text begin (i) As part of the meat-processing employer's accident, injury, and illness reduction
program, the employer must create a health and safety committee consisting of equal parts
company management, employees, and authorized employee representatives. The health
and safety committee must meet at least twice a year and present results to the commissioner.
If the meatpacking operation has no collective bargaining agreement, a local labor
representative must be appointed.
new text end

new text begin (j) Meat-processing employers must record all injuries and illnesses in the facility and
make these records available upon request to the health and safety committee. The employer
also must make its records available to the commissioner, and where there is a collective
bargaining agreement, to the authorized bargaining representative.
new text end

new text begin (k) Meat-processing employers must provide paid sick time for workers to recuperate
from illness or injury or to care for ill family members. For purposes of this paragraph,
"family member" includes:
new text end

new text begin (1) biological, adopted, or foster children, stepchildren, children of domestic partners
or spouses, and legal wards of workers;
new text end

new text begin (2) biological parents, stepparents, foster parents, adoptive parents, or legal guardians
of a worker or a worker's spouse or domestic partner;
new text end

new text begin (3) a worker's legally married spouse or domestic partner as registered under the laws
of any state or political subdivision;
new text end

new text begin (4) a worker's grandparent, whether from a biological, step-, foster, or adoptive
relationship;
new text end

new text begin (5) a worker's grandchild, whether from a biological, step-, foster, or adoptive
relationship;
new text end

new text begin (6) a worker's sibling, whether from a biological, step-, foster, or adoptive relationship;
and
new text end

new text begin (7) any other individual related by blood or affinity to the worker whose association
with the worker is the equal of a family relationship.
new text end

new text begin (l) All meat-processing workers must accrue at least one hour of paid sick time for every
30 hours worked. For purposes of this paragraph, paid sick time means time that is
compensated at the same hourly rate, including the same benefits, as is normally earned by
the worker.
new text end

new text begin (m) Meat-processing employers may provide all paid sick time a worker is expected to
accrue at the beginning of the year or at the start of the worker's employment.
new text end

new text begin (n) Meat-processing employers must carry an employee's earned paid sick time over
into the following calendar year. If a worker does not wish to carry over sick time, the
meat-processing employer must pay the worker for accrued sick time. If a worker chooses
to receive pay in lieu of carried-over sick time, the employer must provide the worker with
an amount of paid sick time that meets or exceeds the requirements of sections 179.87 to
179.8757, to be available for the worker's immediate use at the start of the following calendar
year.
new text end

new text begin (o) Meat-processing employers must maintain records for at least three years showing
hours worked and paid sick time accrued and used by workers. Employers must allow the
commissioner and coordinator access to these records in order to ensure compliance with
the requirements of sections 179.87 to 179.8757.
new text end

new text begin (p) If a meat-processing employer transfers a worker to another division or location of
the same meat-processing employer, the worker is entitled to all earned paid sick time
accrued in the worker's previous position. If a worker is separated from employment and
rehired within one year by the same meat-processing employer, the meat-processing employer
must reinstate the worker's earned sick time to the level accrued by the worker as of the
date of separation.
new text end

new text begin (q) If a meat-processing employer is succeeded by a different employer, all workers of
the original employer are entitled to all earned paid sick time they accrued when employed
by the original employer.
new text end

new text begin (r) Meat-processing employers must not require workers to find or search for a
replacement worker to take the place of the worker as a condition of the worker using paid
sick time.
new text end

new text begin (s) Meat-processing employers must not require workers to disclose details of private
matters as a condition of using paid sick time, including details of a worker or family
member's illness, domestic violence, sexual abuse or assault, or stalking and harassment.
If the employer does possess such information, it must be treated as confidential and not
disclosed without the express permission of the worker.
new text end

new text begin (t) Meat-processing employers must provide workers written notice of their rights and
the employer's requirements under this section at the time the worker begins employment.
This notice must be provided in English, Spanish, or the employee's language of fluency.
The amount of paid sick time a worker has accrued, the amount of paid sick time a worker
has used during the current year, and the amount of pay the worker has received as paid
sick time must be recorded on or attached to the worker's paycheck. Meat-processing
employers must display a poster in a conspicuous location in each facility where workers
are employed that displays the information required under this paragraph. The poster must
be displayed in English and any language of fluency that is read or spoken by at least five
percent of the employer's workers.
new text end

new text begin (u) Nothing in this subdivision shall be construed to:
new text end

new text begin (1) prohibit or discourage an employer from adopting or retaining a paid sick time policy
that is more generous than the one provided in this subdivision;
new text end

new text begin (2) diminish the obligation of an employer to comply with a collective bargaining
agreement, or any other contract that provides more generous paid sick time to a worker
than provided for in this subdivision; or
new text end

new text begin (3) override any provision of local law that provides greater rights for paid sick time
than is provided for in this subdivision.
new text end

new text begin Subd. 9. new text end

new text begin Small processor exemption. new text end

new text begin Meat-processing operations having 50 or fewer
employees are exempt from the requirements of this section.
new text end

Sec. 9.

new text begin [179.8757] NOTIFICATION REQUIRED.
new text end

new text begin (a) Meat-processing employers must provide written information and notifications about
employee rights under section 179.86 and sections 179.87 to 179.8757 to workers in their
language of fluency at least annually. If a worker is unable to understand written information
and notifications, the employer must provide such information and notices orally in the
worker's language of fluency.
new text end

new text begin (b) The coordinator must notify covered employers of the provisions of sections 179.87
to 179.8757 and any recent updates at least annually.
new text end

new text begin (c) The coordinator must place information explaining sections 179.87 to 179.8757 on
the Department of Labor and Industry's website in at least English, Spanish, and any other
language that at least ten percent of meat-processing workers communicate in fluently. The
coordinator must also make the information accessible to persons with impaired visual
acuity.
new text end

APPENDIX

Repealed Minnesota Statutes: H1670-1

181.9413 SICK LEAVE BENEFITS; CARE OF RELATIVES.

(a) An employee may use personal sick leave benefits provided by the employer for absences due to an illness of or injury to the employee's child, as defined in section 181.940, subdivision 4, adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, for reasonable periods of time as the employee's attendance may be necessary, on the same terms upon which the employee is able to use sick leave benefits for the employee's own illness or injury. This section applies only to personal sick leave benefits payable to the employee from the employer's general assets.

(b) An employee may use sick leave as allowed under this section for safety leave, whether or not the employee's employer allows use of sick leave for that purpose for such reasonable periods of time as may be necessary. Safety leave may be used for assistance to the employee or assistance to the relatives described in paragraph (a). For the purpose of this section, "safety leave" is leave for the purpose of providing or receiving assistance because of sexual assault, domestic abuse, or harassment or stalking. For the purpose of this paragraph:

(1) "domestic abuse" has the meaning given in section 518B.01;

(2) "sexual assault" means an act that constitutes a violation under sections 609.342 to 609.3453 or 609.352; and

(3) "harass" and "stalking" have the meanings given in section 609.749.

(c) An employer may limit the use of safety leave as described in paragraph (b) or personal sick leave benefits provided by the employer for absences due to an illness of or injury to the employee's adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent to no less than 160 hours in any 12-month period. This paragraph does not apply to absences due to the illness or injury of a child, as defined in section 181.940, subdivision 4.

(d) For purposes of this section, "personal sick leave benefits" means time accrued and available to an employee to be used as a result of absence from work due to personal illness or injury, but does not include short-term or long-term disability or other salary continuation benefits.

(e) For the purpose of this section, "child" includes a stepchild and a biological, adopted, and foster child.

(f) For the purpose of this section, "grandchild" includes a step-grandchild, and a biological, adopted, and foster grandchild.

(g) This section does not prevent an employer from providing greater sick leave benefits than are provided for under this section.

(h) An employer shall not retaliate against an employee for requesting or obtaining a leave of absence under this section.

181.9414 PREGNANCY ACCOMMODATIONS.

Subdivision 1.

Accommodation.

An employer must provide reasonable accommodations to an employee for health conditions related to pregnancy or childbirth if she so requests, with the advice of her licensed health care provider or certified doula, unless the employer demonstrates that the accommodation would impose an undue hardship on the operation of the employer's business. A pregnant employee shall not be required to obtain the advice of her licensed health care provider or certified doula, nor may an employer claim undue hardship for the following accommodations: (1) more frequent restroom, food, and water breaks; (2) seating; and (3) limits on lifting over 20 pounds. The employee and employer shall engage in an interactive process with respect to an employee's request for a reasonable accommodation. "Reasonable accommodation" may include, but is not limited to, temporary transfer to a less strenuous or hazardous position, seating, frequent restroom breaks, and limits to heavy lifting. Notwithstanding any other provision of this section, an employer shall not be required to create a new or additional position in order to accommodate an employee pursuant to this section, and shall not be required to discharge any employee, transfer any other employee with greater seniority, or promote any employee.

Subd. 2.

Interaction with other laws.

Nothing in this section shall be construed to affect any other provision of law relating to sex discrimination or pregnancy, or in any way to diminish the coverage of pregnancy, childbirth, or health conditions related to pregnancy or childbirth under any other provisions of any other law.

Subd. 3.

No employer retribution.

An employer shall not retaliate against an employee for requesting or obtaining accommodation under this section.

Subd. 4.

Employee not required to take leave.

An employer shall not require an employee to take a leave or accept an accommodation.

Repealed Minnesota Rule: H1670-1

5200.0080 GRATUITIES/TIPS CREDITS.

Subp. 7.

Credit cards or charges.

Gratuities presented to a direct service employee via inclusion on a charge or credit card shall be credited to that pay period in which they are received by the direct service employee and for which they appear on the direct service employee's tip statement.

Where a tip is given by a customer through a credit or charge card, the full amount of tip must be allowed the direct service employee minus only the percentage deducted from the tip in the same ratio as the percentage deducted from the total bill by the service company.