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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1984 

                        CHAPTER 614-S.F.No. 1235 
           An act relating to labor; providing an exemption from 
          the minimum wage laws for certain hours of service by 
          certain domestic employees; amending Minnesota 
          Statutes 1982, section 177.23, by adding a subdivision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 177.23, is 
amended by adding a subdivision to read: 
    Subd. 11.  With respect to an individual who is:  (1) 
employed to provide companionship services to individuals who, 
because of age or infirmity, are unable to care for their own 
needs; (2) employed to stay overnight in the home of such an 
aged or infirm individual; and (3) paid the minimum wage or more 
for at least four hours associated with the overnight stay, the 
term "hours" for the purposes of requiring the payment of 
minimum wages and overtime premiums under sections 177.24 and 
177.25, shall not include nighttime hours, from 10:00 p.m. to 
9:00 a.m., up to a total of eight hours per night, during which 
the employee is available to perform duties for the aged or 
infirm individual, but is not in fact performing such duties and 
is free to sleep and otherwise engage in normal private pursuits 
in the aged or infirm individual's home.  For the purposes of 
this subdivision, the term "companionship services" is defined 
in Code of Federal Regulations, title 29, sections 552.6 and 
552.106 as of March 1, 1984. 
    Approved May 2, 1984