Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                         CHAPTER 60--H.F.No. 459
           An act relating to labor; providing for fair labor 
          standards; defining "employee"; reenacting Minnesota 
          Statutes, section 177.25, subdivision 1; amending 
          Minnesota Statutes 1982, section 177.23, subdivision 
          7; amending Laws 1981, chapter 289, section 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 177.23, 
subdivision 7, is amended to read: 
    Subd. 7.  "Employee" means any individual employed by an 
employer but shall not include 
    (1) any individual employed in agriculture on a farming 
unit or operation employing less than the equivalent of two full 
time workers and on any given day employing no more than four 
employees.  For the purpose of this clause, equivalent of a full 
time worker means 40 weeks of employment in a calendar year two 
or less specified individuals employed at any given time in 
agriculture on a farming unit or operation who are paid on a 
salaried basis; 
    (1a) any individual employed in agriculture on a farming 
unit or operation who is paid on a salaried basis an amount in 
excess of what the individual would be paid if the individual 
worked 48 hours at the state minimum wage plus 17 hours at 1-1/2 
times the state minimum wage per week;  
    (2) an individual who has not attained the age of 18 who is 
employed in agriculture on a farm to perform services other than 
corn detasseling or hand field work when one or both of that 
minor hand field worker's parents or physical custodians are 
also hand field workers; 
    (2a) for purposes of section 177.24, an individual who has 
not attained the age of 18 who is employed in agriculture as a 
corn detasseler; 
    (3) any staff member employed with an organized resident or 
day camp licensed with the state; 
    (4) any individual employed in a bona fide executive, 
administrative, or professional capacity, or a salesman who 
conducts no more than 20 percent of his sales on the premises of 
the employer, as those terms are defined and delimited by rules 
of the department; 
     (5) any individual who renders service gratuitously for a 
nonprofit organization as those terms are defined by rules of 
the department; 
     (6) any individual who serves as an elected official for a 
political subdivision or who serves on any governmental board, 
commission, committee or other similar body, or who renders 
service gratuitously for a political subdivision; 
     (7) any individual employed by a political subdivision to 
provide police or fire protection services or who is employed by 
an entity whose principal purpose is to provide police or fire 
protection services to a political subdivision; 
     (8) any individual employed by a political subdivision who 
is ineligible for membership in the public employees retirement 
association by reason of the provisions of section 353.01, 
subdivision 2b, clauses (a), (b), (d), and (i); 
     (9) any driver employed by an employer engaged in the 
business of operating taxicabs; 
     (10) any individual engaged in babysitting as a sole 
practitioner; 
     (11) any individual employed on a seasonal basis in a 
carnival, circus or fair; 
     (12) any individual under the age of 18 employed part-time 
by a municipality as part of a recreational program; 
     (13) any individual employed by the state as a natural 
resource manager 1, 2, or 3 (conservation officer); 
     (14) any individual in a position with respect to which the 
U.S. Department of Transportation has power to establish 
qualifications and maximum hours of service pursuant to the 
provisions of 49 U.S. Code, Section 304; 
     (15) any individual employed as a seafarer; the term 
"seafarer" means a master of a vessel or any person subject to 
the authority, direction and control of the master including but 
not limited to pilots, sailors, engineers, radio operators, 
firefighters, watchmen, pursers, surgeons, cooks and stewards, 
who is exempt from federal overtime standards under 29 U.S.C. 
Section 213(b) (6). 
    Sec. 2.  Laws 1981, chapter 289, section 3, is amended to 
read:  
    Sec. 3.  [EFFECTIVE DATE.] 
    Section 1 is effective the day following final enactment, 
except that the portion of clause (2)(b) relating to the regular 
rate of pay received per hour of work by a sugar beet laborer 
shall only be effective until December 31, 1981.  Section 2 is 
effective July 1, 1981.  
    Sec. 3.  [REENACTMENT.] 
     Minnesota Statutes, section 177.25, subdivision 1, as it 
appears in Minnesota Statutes 1982, is reenacted. 
    Sec. 4.  [EFFECTIVE DATE.] 
    The provisions of sections 1 to 3 shall be effective July 
1, 1983. 
    Approved April 28, 1983