language to be deleted (2) new language
CHAPTER 180-S.F.No. 575 An act relating to employment; modifying wage payment provisions; modifying requirements for drug and alcohol testing; clarifying provisions governing review of personnel records by employees; setting a limit for penalties on unpaid OSHA fines; providing the criminal penalty of gross misdemeanor for an assault on an occupational safety and health investigation; amending Minnesota Statutes 1996, sections 181.14, subdivision 1, as amended; 181.953, subdivision 6; 181.961, subdivision 2; 182.666, subdivision 7; and 609.2231, subdivision 6. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1996, section 181.14, subdivision 1, as amended by Laws 1997, chapter 83, section 6, is amended to read: Subdivision 1. [PROMPT PAYMENT REQUIRED.] (a) When any such employee quits or resigns employment, the wages or commissions earned and unpaid at the time the employee quits or resigns shall be paid in full not later than the first regularly scheduled payday following the employee's final day of employment, unless an employee is subject to a collective bargaining agreement with a different provision. If the first regularly scheduled payday is less than five calendar days following the employee's final day of employment, full payment may be delayed until the second regularly scheduled payday but shall not exceed a total of 20 calendar days following the employee's final day of employment. (b) Notwithstanding the provisions of paragraph (a), in the case of migrant workers, as defined in section 181.85, the wages or commissions earned and unpaid at the time the employee quits or resigns shall become due and payable within five days thereafter. Sec. 2. Minnesota Statutes 1996, section 181.953, subdivision 6, is amended to read: Subd. 6. [RIGHTS OF EMPLOYEES AND JOB APPLICANTS.] (a) Before requesting an employee or job applicant to undergo drug or alcohol testing, an employer shall provide the employee or job applicant with a form, developed by the employer, on which to
(1)acknowledge that the employee or job applicant has seen the employer's drug and alcohol testing policy , and (2) indicate any over-the-counter or prescription medications that the individual is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result. (b) If an employee or job applicant tests positive for drug use, the employee must be given written notice of the right to explain the positive test and the employer may request that the employee or job applicant indicate any over-the-counter or prescription medication that the individual is currently taking or has recently taken and any other information relevant to the reliability of, or explanation for, a positive test result. (c) Within three working days after notice of a positive test result on a confirmatory test, the employee or job applicant may submit information to the employer, in addition to any information already submitted under paragraph (a)(b), to explain that result, or may request a confirmatory retest of the original sample at the employee's or job applicant's own expense as provided under subdivision 9. Sec. 3. Minnesota Statutes 1996, section 181.961, subdivision 2, is amended to read: Subd. 2. [TIME; LOCATION; CONDITION; COPY.] (a) The employer shall comply with a written request pursuant to subdivision 1 no later than seven working days after receipt of the request if the personnel record is located in this state, or no later than 14 working days after receipt of the request if the personnel record is located outside this state. (b) With respect to current employees, the personnel record or an accurate copy must be made available for review by the employee during the employer's normal hours of operation at the employee's place of employment or other reasonably nearby location, but need not be made available during the employee's working hours. The employer may require that the review be made in the presence of the employer or the employer's designee. After the review and upon the employee's written request, the employer shall provide a copy of the record to the employee. (c) With respect to employees who are separated from employment, upon the employee's written request, the employer shall provide a copy of the personnel record to the employee. Providing a copy of the employee's personnel record to the employee satisfies the employer's responsibility to allow review as stated in subdivision 1. (d) The employer may not charge a fee for the copy not to exceed the actual cost of making, compiling, and mailing the copy. Sec. 4. Minnesota Statutes 1996, section 182.666, subdivision 7, is amended to read: Subd. 7. Fines imposed under this chapter shall be paid to the commissioner for deposit in the special compensation fund and 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. Unpaid fines shall be increased to 125 percent of the original assessed amount if not paid within 60 days after the fine becomes a final order. After that 60 days, unpaid fines shall accrue an additional penalty of ten percent per month compounded monthly until the fine is paid in full or until the fine has accrued to 300 percent of the original assessed amount. Sec. 5. Minnesota Statutes 1996, section 609.2231, subdivision 6, is amended to read: Subd. 6. [PUBLIC EMPLOYEES WITH MANDATED DUTIES.] A person is guilty of a gross misdemeanor who: (1) assaults an agricultural inspector, occupational safety and health investigator, child protection worker, public health nurse, or probation or parole officer while the employee is engaged in the performance of a duty mandated by law, court order, or ordinance; (2) knows that the victim is a public employee engaged in the performance of the official public duties of the office; and (3) inflicts demonstrable bodily harm. Presented to the governor May 17, 1997 Signed by the governor May 19, 1997, 7:26 p.m.