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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) 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.