HF 2091

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/30/2014 09:31am

A bill for an act
relating to employment; providing labor standards for private and public
employees; regulating the minimum wage; regulating state employee use of
donated vacation leave; amending Minnesota Statutes 2012, sections 43A.1815;
177.24, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 43A.1815, is amended to read:

43A.1815 VACATION DONATION TO SICK LEAVE ACCOUNT.

(a) In addition to donations under section 43A.181, a state employee may donate a
total of up to 40 hours of accrued vacation leave each fiscal year to the sick leave account
of one or more state employees. A state employee may not be paid for more than 80 hours
in a payroll period during which the employee uses sick leave credited to the employee's
account as a result of a transfer from another state employee's vacation account.

(b) The recipient employee must receive donations, as available, for a life-threatening
condition of the employee or spouse or dependent child that prevents the employee from
working. A recipient may use program donations retroactively to when all forms of
paid leave are exhausted if the employee has sufficient donations to cover the period of
retroactivity. A recipient who receives program donations under this section may use up to
80 hours of program donations after the death of a spouse or dependent child.

(c) An applicant for benefits under this section who receives an unfavorable
determination may select a designee to consult with the commissioner or commissioner's
designee on the reasons for the determination.

(d) The commissioner shall establish procedures under section 43A.04, subdivision
4, for eligibility, duration of need based on individual cases, monitoring and evaluation of
individual eligibility status, and other topics related to administration of this program.

Sec. 2.

Minnesota Statutes 2012, section 177.24, subdivision 1, is amended to read:

Subdivision 1.

Amount.

(a) For purposes of this subdivision, the terms defined in
this paragraph have the meanings given them.

(1) "Large employer" means an enterprise whose annual gross volume of sales made
or business done is not less than $625,000 $500,000 (exclusive of excise taxes at the
retail level that are separately stated) and covered by the Minnesota Fair Labor Standards
Act, sections 177.21 to 177.35.

(2) "Small employer" means an enterprise whose annual gross volume of sales
made or business done is less than $625,000 $500,000 (exclusive of excise taxes at the
retail level that are separately stated) and covered by the Minnesota Fair Labor Standards
Act, sections 177.21 to 177.35.

(b) Except as otherwise provided in sections 177.21 to 177.35, every large employer
must pay each employee wages at a rate of at least $5.15 an hour beginning September
1, 1997, and at a rate of at least $6.15 an hour beginning August 1, 2005. Every small
employer must pay each employee at a rate of at least $4.90 an hour beginning January 1,
1998, and at a rate of at least $5.25 an hour beginning August 1, 2005:

(1) every large employer must pay each employee wages at a rate of at least:

(i) $8.00 per hour beginning August 1, 2014;

(ii) $9.00 per hour beginning August 1, 2015;

(iii) $9.50 per hour beginning August 1, 2016; and

(iv) the rate established under paragraph (f) beginning January 1, 2018; and

(2) every small employer must pay each employee at a rate of at least:

(i) $6.50 per hour beginning August 1, 2014;

(ii) $7.25 per hour beginning August 1, 2015;

(iii) $7.75 per hour beginning August 1, 2016; and

(iv) the rate established under paragraph (f) beginning January 1, 2018.

(c) Notwithstanding paragraph (b), during the first 90 consecutive days of
employment, an employer may pay an employee under the age of 20 years a wage of $4.90
an hour. No employer may take any action to displace any employee, including a partial
displacement through a reduction in hours, wages, or employment benefits, in order to hire
an employee at the wage authorized in this paragraph at least:

(1) $6.50 per hour beginning August 1, 2014;

(2) $7.25 per hour beginning August 1, 2015;

(3) $7.75 per hour beginning August 1, 2016; and

(4) the rate established under paragraph (f) beginning January 1, 2018.

No employer may take any action to displace an employee, including a partial
displacement through a reduction in hours, wages, or employment benefits, in order to
hire an employee at the wage authorized in this paragraph.

(d) Notwithstanding paragraph (b), an employer that is a "hotel or motel," "lodging
establishment," or "resort" as defined in Minnesota Statutes 2012, section 157.15,
subdivisions 7, 8, and 11, must pay an employee working under a contract with the
employer that includes the provision by the employer of a food or lodging benefit, if the
employee is working under authority of a summer work travel exchange visitor program
(J) nonimmigrant visa, a wage of at least:

(1) $7.25 per hour beginning August 1, 2014;

(2) $7.50 per hour beginning August 1, 2015;

(3) $7.75 per hour beginning August 1, 2016; and

(4) the rate established under paragraph (f) beginning January 1, 2018.

No employer may take any action to displace an employee, including a partial
displacement through a reduction in hours, wages, or employment benefits, in order to
hire an employee at the wage authorized in this paragraph.

(e) Notwithstanding paragraph (b), a large employer must pay an employee under
the age of 18 at a rate of at least:

(1) $6.50 per hour beginning August 1, 2014;

(2) $7.25 per hour beginning August 1, 2015;

(3) $7.75 per hour beginning August 1, 2016; and

(4) the rate established under paragraph (f) beginning January 1, 2018.

No employer may take any action to displace an employee, including a partial
displacement through a reduction in hours, wages, or employment benefits, in order to
hire an employee at the wage authorized in this paragraph.

(f) No later than August 31 of each year, beginning in 2017, the commissioner shall
determine the percentage increase in the rate of inflation, as measured by the implicit
price deflator, national data for personal consumption expenditures as determined by
the United States Department of Commerce, Bureau of Economic Analysis during the
12-month period immediately preceding that August or, if that data is unavailable, during
the most recent 12-month period for which data is available. The minimum wage rates in
paragraphs (b), (c), (d), and (e) are increased by the lesser of: (1) 2.5 percent, rounded
to the nearest cent; or (2) the percentage calculated by the commissioner, rounded to the
nearest cent. A minimum wage rate shall not be reduced under this paragraph. The new
minimum wage rates determined under this paragraph take effect on the next January 1.

(g)(1) No later than September 30 of each year, beginning in 2017, the commissioner
may issue an order that an increase calculated under paragraph (f) not take effect. The
commissioner may issue the order only if the commissioner, after consultation with
the commissioner of management and budget, finds that leading economic indicators,
including but not limited to projections of gross domestic product calculated by the United
States Department of Commerce, Bureau of Economic Analysis; the Consumer Confidence
Index issued by the Conference Board; and seasonally adjusted Minnesota unemployment
rates, indicate the potential for a substantial downturn in the state's economy. Prior to
issuing an order, the commissioner shall also calculate and consider the ratio of the rate
of the calculated change in the minimum wage rate to the rate of change in state median
income over the same time period used to calculate the change in wage rate. Prior to issuing
the order, the commissioner shall hold a public hearing, notice of which must be published
in the state register, on the department's Web site, in newspapers of general circulation, and
by other means likely to inform interested persons of the hearing, at least 10 days prior to
the hearing. The commissioner must allow interested persons to submit written comments
to the commissioner before the public hearing and for 20 days after the public hearing.

(2) The commissioner may in a year subsequent to issuing an order under clause (1),
make a supplemental increase in the minimum wage rate in addition to the increase for
a year calculated under paragraph (f). The supplemental increase may be in an amount
up to the full amount of the increase not put into effect because of the order. If the
supplemental increase is not the full amount, the commissioner may make a supplemental
increase of the difference, or any part of a difference, in a subsequent year until the full
amount of the increase ordered not to take effect has been included in a supplemental
increase. In making a determination to award a supplemental increase under this clause,
the commissioner shall use the same considerations and use the same process as for an
order under clause (1). A supplemental wage increase is not subject to and shall not be
considered in determining whether a wage rate increase exceeds the limits for annual wage
rate increases allowed under paragraph (f).

EFFECTIVE DATE.

This section is effective August 1, 2014.

Sec. 3. SEVERABILITY.

If any provision of this act or its application to any person or circumstance is judged
invalid, the invalidity shall not affect other provisions or applications of the act which can
be given effect without the invalid provision or application, and to this end the provisions
of this act are declared severable.

EFFECTIVE DATE.

This section is effective the day following final enactment.