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2011 Minnesota Session Laws

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

CHAPTER 105--S.F.No. 1280

An act

relating to employment; providing notice of sharing of gratuities and authorizing employers to safeguard and disburse shared gratuities;

amending Minnesota Statutes 2010, section 177.24, subdivision 3.


Section 1.

Minnesota Statutes 2010, section 177.24, subdivision 3, is amended to read:

Subd. 3.

Sharing of gratuities.

For purposes of this chapter, any gratuity received by an employee or deposited in or about a place of business for personal services rendered by an employee is the sole property of the employee. No employer may require an employee to contribute or share a gratuity received by the employee with the employer or other employees or to contribute any or all of the gratuity to a fund or pool operated for the benefit of the employer or employees. This section does not prevent an employee from voluntarily and individually sharing gratuities with other employees. The agreement to share gratuities must be made by the employees free of any employer without employer coercion or participation, except that an employer may:

(1) upon the request of employees, safeguard gratuities to be shared by employees and disburse shared gratuities to employees participating in the agreement;

(2) report the amounts received as required for tax purposes; and

(3) post a copy of this section for the information of employees.

The commissioner may require the employer to pay restitution in the amount of the gratuities diverted. If the records maintained by the employer do not provide sufficient information to determine the exact amount of gratuities diverted, the commissioner may make a determination of gratuities diverted based on available evidence and mediate a settlement with the employer.

Presented to the governor May 25, 2011

Signed by the governor May 27, 2011, 10:37 a.m.

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