Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 209--H.F.No. 599
           An act relating to labor; regulating fair labor 
          standards record keeping; changing the civil and 
          criminal penalties on employers for violations of the 
          record keeping and posting requirements of the Fair 
          Labor Standards Act; amending Minnesota Statutes 1982, 
          sections 177.27, subdivision 2; 177.30; 177.31; and 
          177.32, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 177.27, 
subdivision 2, is amended to read: 
    Subd. 2.  The commissioner or his an authorized 
representative may require from any the employer of employees 
engaged in any occupation in the state to submit to the 
commissioner or the authorized representative photocopies, 
certified copies, or, if necessary, the originals of employment 
records which the commissioner or the authorized representative 
deems necessary or appropriate.  The records which may be 
required include but are not limited to full and correct 
statements in writing, including sworn statements by the 
employer, with respect containing information relating to wages, 
hours, name names, addresses, and any other information 
pertaining to his the employer's employees and the conditions of 
their employment as the commissioner or his the authorized 
representative may deem deems necessary or appropriate.  
    The commissioner or the commissioner's authorized 
representative 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 impose a penalty of up to $100 on an 
employer for each failure of the employer to submit or deliver 
records as required by this section.  The penalty imposed by 
this section is in addition to any penalties provided under 
section 177.32, subdivision 1.  
     Sec. 2.  Minnesota Statutes 1982, section 177.30, is 
amended to read: 
    177.30 [KEEPING RECORDS.] 
    Every employer subject to any provision of sections 177.21 
to 177.35 or of any rule issued adopted pursuant thereto to 
those sections shall make and keep, for a period of not less 
than three years in or about the premises wherein in which any 
employee is employed, a record of the name, address and 
occupation of each of his employees employee, the rate of pay, 
and the amount paid each pay period to each employee, the hours 
worked each day and each workweek by the employee, and other 
information as deemed necessary and appropriate by the 
department shall prescribe by rule as necessary or appropriate 
commissioner for the enforcement of the provisions of sections 
177.21 to 177.35 or of the rules issued pursuant thereto.  
    The commissioner may impose a penalty of up to $100 on an 
employer for each failure of the employer to maintain records as 
required by this section.  The penalty imposed by this section 
is in addition to any penalties provided under section 177.32, 
subdivision 1.  
    Sec. 3.  Minnesota Statutes 1982, section 177.31, is 
amended to read: 
    177.31 [POSTING OF LAW AND RULES.] 
    Every employer subject to any provision of sections 177.21 
to 177.35 shall obtain and keep a summary thereof of those 
sections, approved by the department, and copies of any 
applicable rules issued adopted pursuant thereto to those 
sections, or a summary of the rules, posted and shall post the 
summaries in a conspicuous and accessible place in or about the 
premises wherein in which any person subject thereto covered by 
sections 177.21 to 177.35 is employed.  The department shall 
furnish copies of the summaries and rules to employers without 
charge.  
    The commissioner may impose a penalty of up to $100 on an 
employer for each failure of the employer to comply with this 
section.  The penalty imposed by this section is in addition to 
any penalties provided by section 177.32, subdivision 1.  
    Sec. 4.  Minnesota Statutes 1982, section 177.32, 
subdivision 1, is amended to read: 
    Subdivision 1.  Any An employer who does any of the 
following is guilty of a misdemeanor:  (a) hinders or delays the 
department commissioner or its an authorized representative in 
the performance of its duties required under sections 177.21 to 
177.35 or; (b) refuses to admit the commissioner or his an 
authorized representative to any the place of business or 
employment of the employer, as required by section 177.27, 
subdivision 1; or (c) consistently and repeatedly fails to make, 
keep, and preserve records as required by section 177.30; or (d) 
falsifies any record; or (e) refuses to make any record 
accessible available, or to furnish a sworn statement of the 
record or any other information as required by section 177.27; 
or (f) consistently and repeatedly fails to post a summary of 
sections 177.21 to 177.35 or a copy or summary of any the 
applicable rule rules as required by section 177.31; or (g) pays 
or agrees to pay wages at a rate less than the rate applicable 
required under or pursuant to sections 177.21 to 177.35; or (h) 
otherwise violates any provision of sections 177.21 to 177.35 or 
of any rule issued adopted pursuant thereto; is guilty of a 
misdemeanor to those sections. 
    Approved May 20, 1983