HF 5276

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 02:52pm

A bill for an act
relating to employment; modifying the definition of employee for purposes of
earned sick and safe time; amending Minnesota Statutes 2023 Supplement, section
181.9445, subdivision 5.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 181.9445, subdivision 5, is
amended to read:

Subd. 5.

Employee.

"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:

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

(2) an individual employed by an air carrier as a flight deck or cabin crew member who:

(i) is subject to United States Code, title 45, sections 181 to 188;

(ii) works less than a majority of their hours in Minnesota in a calendar year; and

(iii) is provided with paid leave equal to or exceeding the amounts in section 181.9446 new text begin ;
or
new text end

new text begin (3) an individual employed by a farmer, family farm, or a family farm corporation to
provide physical labor on or management of a farm if:
new text end

new text begin (i) the farmer, family farm, or family farm corporation employs five or fewer employees;
or
new text end

new text begin (ii) the farmer, family farm, or family farm corporation employs the individual to perform
work for 14 days or less each year new text end .