1.1 	A bill for an act
1.2 	relating to employment; modifying time limits for payment of benefits or wage 
1.3 	supplements; imposing criminal penalties;amending Minnesota Statutes 2008, 
1.4 	section 181.74; proposing coding for new law in Minnesota Statutes, chapter 181.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2008, section 181.74, is amended to read:
1.7 	181.74 FAILURE OF EMPLOYER TO PAY BENEFITS OR WAGE 
1.8 	SUPPLEMENTS, PENALTY.
1.9 		Subdivision 1.Gross misdemeanor. Any employer required under the provisions 
1.10 	of an agreement to which the employer is a party to pay or provide benefits or wage 
1.11 	supplements to employees or to a third party or fund for the benefit of employees, and 
1.12 	who refuses to pay the amount or amounts necessary to provide such benefits or furnish 
1.13 	such supplements within 30 days after such payments are required to be made under law 
1.14 	or under agreement, is guilty of a gross misdemeanor. If such employer is a corporation, 
1.15 	any officer who intentionally violates the provisions of this section shall be guilty of a 
1.16 	gross misdemeanor. The institution of bankruptcy proceedings according to law shall be a 
1.17 	defense to any criminal action under this section.
1.18 		Subd. 2.Benefits or wage supplements defined. As used in this section, the 
1.19 	term "benefits or wage supplements" includes, but is not limited to, reimbursement for 
1.20 	expenses; health, welfare, and retirement benefits; and vacation, separation or holiday pay.

1.21 	EFFECTIVE DATE. This section is effective January 1, 2011.

1.22 	Sec. 2. [181.741] FAILURE OF EMPLOYER TO PAY REIMBURSEMENT 
1.23 	FOR EXPENSES; PENALTY.
2.1 	Any employer required under the provisions of an agreement to which the employer 
2.2 	is a party to pay or provide reimbursement of expenses to an employee, and who refuses to 
2.3 	pay the amount or amounts necessary to provide such reimbursements within 21 days (1) 
2.4 	after requests for such payments are submitted to the employer, or (2) after such payments 
2.5 	are required to be made under law or under agreement, whichever is less, is guilty of a 
2.6 	gross misdemeanor. If the employer is a corporation, any officer who intentionally violates 
2.7 	the provisions of this section shall be guilty of a gross misdemeanor. The institution 
2.8 	of bankruptcy proceedings according to law shall be a defense to any criminal action 
2.9 	under this section.

2.10 	EFFECTIVE DATE. This section is effective January 1, 2011.