1.1                          A bill for an act
  1.2             relating to workers' compensation; modifying the 
  1.3             definition of "daily wage"; amending Minnesota 
  1.4             Statutes 1994, section 176.011, subdivision 3. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1994, section 176.011, 
  1.7   subdivision 3, is amended to read: 
  1.8      Subd. 3.  [DAILY WAGE.] "Daily wage" means the daily wage 
  1.9   of the employee in the employment engaged in at the time of 
  1.10  injury but does not include tips and gratuities paid directly to 
  1.11  an employee by a customer of the employer and not accounted for 
  1.12  by the employee to the employer.  If the amount of the daily 
  1.13  wage received or to be received by the employee in the 
  1.14  employment engaged in at the time of injury was irregular or 
  1.15  difficult to determine, or if the employment was part time, the 
  1.16  daily wage shall be computed by dividing the total amount the 
  1.17  employee actually earned in such employment in the last 26 
  1.18  weeks, by the total number of days in which the employee 
  1.19  actually performed any of the duties of such employment, 
  1.20  provided further, that in the case of the construction industry, 
  1.21  mining industry, or other industry where the hours of work are 
  1.22  affected by seasonal conditions, the weekly wage shall not be 
  1.23  less than five times the daily wage.  Where board or allowances 
  1.24  other than tips and gratuities are made to an employee in 
  1.25  addition to wages as a part of the wage contract they are deemed 
  2.1   a part of earnings and computed at their value to the employee.  
  2.2   Bonus payments and profit sharing payments are included in the 
  2.3   calculation of the daily wage if such payments exceed five 
  2.4   percent of the employee's wage exclusive of such payments.  In 
  2.5   the case of persons performing services for municipal 
  2.6   corporations in the case of emergency, then the normal working 
  2.7   day shall be considered and computed as eight hours, and in 
  2.8   cases where such services are performed gratis or without fixed 
  2.9   compensation the daily wage of the person injured shall, for the 
  2.10  purpose of calculating compensation payable under this chapter, 
  2.11  be taken to be the usual going wage paid for similar services in 
  2.12  municipalities where such services are performed by paid 
  2.13  employees.  If, at the time of injury, the employee was 
  2.14  regularly employed by two or more employers, the employee's 
  2.15  earnings in all such employments shall be included in the 
  2.16  computation of daily wage.