Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                         CHAPTER 261-S.F.No. 53 
           An act relating to labor; regulating employment of 
          children; establishing a child labor curfew; providing 
          penalties; amending Minnesota Statutes 1992, sections 
          181A.04, by adding a subdivision; and 181A.12. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 181A.04, is 
amended by adding a subdivision to read: 
    Subd. 6.  A high school student under the age of 18 must 
not be permitted to work after 11:00 p.m. on an evening before a 
school day or before 5:00 a.m. on a school day, except as 
permitted by section 181A.07, subdivisions 1, 2, 3, and 4.  If a 
high school student under the age of 18 has supplied the 
employer with a note signed by the parent or guardian of the 
student, the student may be permitted to work until 11:30 p.m. 
on the evening before a school day and beginning at 4:30 a.m. on 
a school day. 
    For the purpose of this subdivision, a high school student 
does not include a student enrolled in an alternative education 
program approved by the state board of education or an area 
learning center, including area learning centers under sections 
124A.45 to 124C.48 or according to section 121.11, subdivision 
12. 
    Sec. 2.  Minnesota Statutes 1992, section 181A.12, is 
amended to read: 
    181A.12 [PENALTIES.] 
    Subdivision 1.  [FINES; PENALTY.] Any employer who hinders 
or delays the department or its authorized representative in the 
performance of its duties under sections 181A.01 to 181A.12 or 
refuses to admit the commissioner or an authorized 
representative to any place of employment or refuses to make 
certificates or lists available as required by sections 181A.01 
to 181A.12, or otherwise violates any provisions of sections 
181A.01 to 181A.12 or any rules issued pursuant thereto shall be 
assessed a fine to be paid to the commissioner for deposit in 
the general fund.  The fine may be recovered in a civil action 
in the name of the department brought in the district court of 
the county where the violation is alleged to have occurred or 
the district court where the commissioner has an office.  Fines 
are in the amounts as follows: 
     (a) employment of minors under the age of 14           
         (each employee)                                   $ 50 
     (b) employment of minors under the age of 16               
         during school hours while school is in session       
         (each employee)                                     50 
     (c) employment of minors under the age of 16               
         before 7:00 a.m. (each employee)                    50 
     (d) employment of minors under the age of 16               
         after 9:00 p.m. (each employee)                     50 
     (e) employment of a high school student under              
         the age of 18 in violation of section 181A.04,
         subdivision 6 (each employee)                      100
     (f) employment of minors under the age of 16               
         over eight hours a day (each employee)              50 
     (f) (g) employment of minors under the age of 16        
         over 40 hours a week (each employee)                50 
     (g) (h) employment of minors under the age of 18        
         in occupations hazardous or
         detrimental to their well-being as defined  
         by rule (each employee)                            100 
     (h) (i) employment of minors under the age of 16     
         in occupations hazardous or
         detrimental to their well-being as defined 
         by rule (each employee)                            100 
     (i) (j) minors under the age of 18 injured in        
         hazardous employment (each employee)               500 
     (j) (k) minors employed without proof of age         
         (each employee)                                   5 25 
    An employer who refuses to make certificates or lists 
available as required by sections 181A.01 to 181A.12 shall be 
assessed a $500 fine. 
     An employer who engages in repeated violations of sections 
181A.01 to 181A.12 is also guilty of a gross misdemeanor.  
    Subd. 2.  [MISDEMEANOR.] Any An employer or other person 
violating any provision of sections 181A.01 to 181A.12 excluding 
section 181A.04, subdivision 6, or any rules issued pursuant 
thereto or assisting another in such violation is guilty of a 
misdemeanor. 
    Subd. 3.  [GROSS MISDEMEANOR.] An employer who engages in 
repeated violations of sections 181A.01 to 181A.12 excluding 
section 181A.04, subdivision 6, is also guilty of a gross 
misdemeanor.  An employer who engages in a single violation of 
sections 181A.01 to 181A.12 excluding section 181A.04, 
subdivision 6, is guilty of a gross misdemeanor if the violation 
results in the death of the minor or substantial bodily harm to 
the minor.  For purposes of this subdivision, "substantial 
bodily harm" has the meaning given in section 609.02, 
subdivision 7a. 
    Presented to the governor May 15, 1993 
    Signed by the governor May 19, 1993, 2:08 p.m.