Minnesota Session Laws - 2005, Regular Session

                            CHAPTER 127-S.F.No. 1984 
                  An act relating to employment; increasing the penalty 
                  for failure to pay a discharged employee within 24 
                  hours; modifying the penalty for failure to pay 
                  benefits or wage supplements; increasing the penalty 
                  for violation of migrant worker payment requirements; 
                  amending Minnesota Statutes 2004, sections 181.11; 
                  181.74, subdivision 1; 181.89, subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, section 181.11, is 
        amended to read: 
           181.11 [DISCHARGED EMPLOYEE MUST BE PAID WITHIN 24 HOURS.] 
           When any such transitory employment as is described in 
        section 181.10 which requires an employee to change the 
        employee's place of abode while performing the service required 
        by the employment is terminated, either by the completion of the 
        work or by the discharge or quitting of the employee, the wages 
        or earnings of such employee in such employment shall be paid 
        within 24 hours and, if not then paid, the employer shall pay 
        the employee's reasonable expenses of remaining in the camp or 
        elsewhere away from home while awaiting the arrival of payment 
        of wages or earnings and, if such wages or earnings are not paid 
        within three two business days after the termination of such 
        employment for any cause, the employer shall, in addition, pay 
        to the employee two times the average amount of the employee's 
        daily earnings in such employment from the time of the 
        termination of the employment until payment has been made in 
        full, but not for a longer period of time than 15 days.  
           Sec. 2.  Minnesota Statutes 2004, section 181.74, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GROSS MISDEMEANOR.] Any employer required 
        under the provisions of an agreement to which the employer is a 
        party to pay or provide benefits or wage supplements to 
        employees or to a third party or fund for the benefit of 
        employees, and who refuses to pay the amount or amounts 
        necessary to provide such benefits or furnish such supplements 
        within 60 30 days after such payments are required to be made 
        under law or under agreement, is guilty of a gross misdemeanor.  
        If such employer is a corporation, any officer who intentionally 
        violates the provisions of this section shall be guilty of a 
        gross misdemeanor.  The institution of bankruptcy proceedings 
        according to law shall be a defense to any criminal action under 
        this section.  
           Sec. 3.  Minnesota Statutes 2004, section 181.89, 
        subdivision 2, is amended to read: 
           Subd. 2.  [JUDGMENT; DAMAGES.] If the court finds that any 
        defendant has violated the provisions of sections 181.86 to 
        181.88, the court shall enter judgment for the actual damages 
        incurred by the plaintiff or the appropriate penalty as provided 
        by this subdivision, whichever is greater.  The court may also 
        award court costs and a reasonable attorney's fee.  The 
        penalties shall be as follows:  
           (1) Whenever the court finds that an employer has violated 
        the record-keeping requirements of section 181.88, $50; 
           (2) Whenever the court finds that an employer has recruited 
        a migrant worker without providing a written employment 
        statement as provided in section 181.86, subdivision 1, $250; 
           (3) Whenever the court finds that an employer has recruited 
        a migrant worker after having provided a written employment 
        statement, but finds that the employment statement fails to 
        comply with the requirement of section 181.86, subdivision 1 or 
        section 181.87, $250; 
           (4) Whenever the court finds that an employer has failed to 
        comply with the terms of an employment statement which the 
        employer has provided to a migrant worker or has failed to 
        comply with any payment term required by section 
        181.87, $250 $500; 
           (5) Whenever the court finds that an employer has failed to 
        pay wages to a migrant worker within a time period set forth in 
        section 181.87, subdivision 2 or 3, $250 $500; and 
           (6) Whenever penalties are awarded, they shall be awarded 
        severally in favor of each migrant worker plaintiff and against 
        each defendant found liable.  
           Sec. 4.  [EFFECTIVE DATE.] 
           Sections 1 to 3 are effective August 1, 2005.  Section 2 
        applies to crimes committed on or after that date.  Section 3 
        applies to causes of action arising on or after that date. 
           Presented to the governor May 31, 2005 
           Signed by the governor June 1, 2005, 3:31 p.m.