SF 2404

as introduced - 91st Legislature (2019 - 2020) Posted on 03/14/2019 09:01am

A bill for an act
relating to unemployment insurance; modifying what constitutes a good reason to
quit; establishing an unemployment insurance equity working group; amending
Minnesota Statutes 2018, sections 268.095, subdivision 3; 268.101, subdivisions
2, 4.

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

Section 1.

Minnesota Statutes 2018, section 268.095, subdivision 3, is amended to read:

Subd. 3.

Good reason caused by the employer defined.

(a) A good reason caused by
the employer for quitting is a reason:

(1) that is directly related to the employment and for which the employer is responsible;

(2) that is adverse to the worker; and

(3) that would compel an average, reasonable worker to quit and become unemployed
rather than remaining in the employment.

(b) The analysis required in paragraph (a) must be applied to the specific facts of each
case.

(c) If an applicant was subjected to adverse working conditions by the employer, the
applicant must complain to the employer and give the employer a reasonable opportunity
to correct the adverse working conditions before that may be a good reason caused by the
employer for quitting.

(d) A reason for quitting employment is not a good reason caused by the employer for
quitting if the reason for quitting occurred because of the applicant's employment misconduct.

(e) Notification of discharge in the future, including a layoff because of lack of work,
is not a good reason caused by the employer for quitting.

(f) An applicant has a good reason caused by the employer for quitting if it results from
sexual harassment of which the employer was aware, or should have been aware, and the
employer failed to take timely and appropriate action. Sexual harassment means unwelcome
sexual advances, requests for sexual favors, sexually motivated physical contact or other
conduct or communication of a sexual nature when:

(1) the applicant's submission to the conduct or communication is made a term or
condition of the employment;

(2) the applicant's submission to or rejection of the conduct or communication is the
basis for decisions affecting employment; or

(3) the conduct or communication has the purpose or effect of substantially interfering
with an applicant's work performance or creating an intimidating, hostile, or offensive
working environment.

(g) new text begin An applicant has a good reason caused by the employer for quitting if it results
because the employer denied the applicant's request for reasonable time off from scheduled
work in order to deal with a matter of such a compelling nature that an average, reasonable
worker would, under the circumstances, miss scheduled work.
new text end

new text begin (h) new text end The definition of a good reason caused by the employer for quitting employment
provided by this subdivision is exclusive and no other definition applies.

Sec. 2.

Minnesota Statutes 2018, section 268.101, subdivision 2, is amended to read:

Subd. 2.

Determination.

(a) The commissioner must determine any issue of ineligibility
raised by information required from an applicant under subdivision 1, paragraph (a) or (c),
and send to the applicant and any involved employer, by mail or electronic transmission, a
document titled a determination of eligibility or a determination of ineligibility, as is
appropriate. The determination on an issue of ineligibility as a result of a quit or a discharge
of the applicant must state the effect on the employer under section 268.047. A determination
must be made in accordance with this paragraph even if a notified employer has not raised
the issue of ineligibility.

(b) The commissioner must determine any issue of ineligibility raised by an employer
and send to the applicant and that employer, by mail or electronic transmission, a document
titled a determination of eligibility or a determination of ineligibility as is appropriate. The
determination on an issue of ineligibility as a result of a quit or discharge of the applicant
must state the effect on the employer under section 268.047.

If a base period employer:

(1) was not the applicant's most recent employer before the application for unemployment
benefits;

(2) did not employ the applicant during the six calendar months before the application
for unemployment benefits; and

(3) did not raise an issue of ineligibility as a result of a quit or discharge of the applicant
within ten calendar days of notification under subdivision 1, paragraph (b);

then any exception under section 268.047, subdivisions 2 and 3, begins the Sunday two
weeks following the week that the issue of ineligibility as a result of a quit or discharge of
the applicant was raised by the employer.

A communication from an employer must specifically set out why the applicant should
be determined ineligible for unemployment benefits for that communication to be considered
to have raised an issue of ineligibility for purposes of this section. A statement of "protest"
or a similar term without more information does not constitute raising an issue of ineligibility
for purposes of this section.

(c) Subject to section 268.031, an issue of ineligibility is determined based upon that
information required of an applicant, any information that may be obtained from an applicant
or employer, and information from any other source.

(d) Regardless of the requirements of this subdivision, the commissioner is not required
to send to an applicant a copy of the determination where the applicant has satisfied a period
of ineligibility because of a quit or a discharge under section 268.095, subdivision 10.

(e) The department is authorized to issue a determination on an issue of ineligibility
within 24 months from the establishment of a benefit account based upon information from
any source, even if the issue of ineligibility was not raised by the applicant or an employer.

If an applicant obtained unemployment benefits through misrepresentation under section
268.18, subdivision 2, the department is authorized to issue a determination of ineligibility
within 48 months of the establishment of the benefit account.

If the department has filed an intervention in a worker's compensation matter under
section 176.361, the department is authorized to issue a determination of ineligibility within
48 months of the establishment of the benefit account.

(f) A determination of eligibility or determination of ineligibility is final unless an appeal
is filed by the applicant or employer within 20 calendar days after sending new text begin , or within 60
calendar days if an applicant or notified employer establishes good cause for not appealing
within 20 days. Good cause is a reason that would have prevented an applicant or notified
employer from acting with due diligence in appealing within 20 days and shall take into
account any illness, disabilities, or linguistic and literacy limitations of the applicant along
with other relevant factors. If an applicant or notified employer claims good cause for a late
appeal, the applicant or notified employer must be granted a hearing on the issue of
timeliness. This hearing can be held at the same time as a hearing on the merits of the appeal new text end .
The determination must contain a prominent statement indicating the consequences of not
appealing. Proceedings on the appeal are conducted in accordance with section 268.105.

(g) An issue of ineligibility required to be determined under this section includes any
question regarding the denial or allowing of unemployment benefits under this chapter
except for issues under section 268.07. An issue of ineligibility for purposes of this section
includes any question of effect on an employer under section 268.047.

Sec. 3.

Minnesota Statutes 2018, section 268.101, subdivision 4, is amended to read:

Subd. 4.

Amended determination.

Unless an appeal has been filed, the commissioner,
on the commissioner's own motion, may reconsider a determination of eligibility or
determination of ineligibility that has not become final and issue an amended determination.
Any amended determination must be sent to the applicant and any involved employer by
mail or electronic transmission. Any amended determination is final unless an appeal is
filed by the applicant or notified employer within 20 calendar days after sending new text begin , or within
60 calendar days if an applicant or notified employer establishes good cause for not appealing
within 20 days. Good cause is a reason that would have prevented an applicant or notified
employer from acting with due diligence in appealing within 20 days and shall take into
account any illness, disabilities, or linguistic and literacy limitations of the applicant along
with other relevant factors. If an applicant or notified employer claims good cause for a late
appeal, the applicant or notified employer must be granted a hearing on the issue of
timeliness. This hearing can be held at the same time as a hearing on the merits of the appeal new text end .
Proceedings on the appeal are conducted in accordance with section 268.105.

Sec. 4. new text begin UNEMPLOYMENT INSURANCE EQUITY WORKING GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; purpose. new text end

new text begin There is established an unemployment insurance
equity working group. The purpose of the group is to make recommendations to the
Department of Employment and Economic Development and the legislature for eliminating
barriers that prevent low-wage workers from accessing unemployment insurance benefits
following loss of employment. The group must also make recommendations to ensure equity
and due process within the unemployment insurance hearing system.
new text end

new text begin Subd. 2. new text end

new text begin Members. new text end

new text begin (a) The working group must consist of:
new text end

new text begin (1) the commissioner of employment and economic development, or the commissioner's
designee;
new text end

new text begin (2) a labor market expert;
new text end

new text begin (3) representation from legal services attorneys who work in unemployment insurance;
and
new text end

new text begin (4) representation from organizations or employees representing low-wage workers in
the hotel and restaurant, home health care, retail, and temporary work industries.
new text end

new text begin (b) The governor shall make all appointments to the working group.
new text end

new text begin Subd. 3. new text end

new text begin Organization. new text end

new text begin (a) By August 1, 2019, the commissioner of employment and
economic development shall convene the first meeting of the working group.
new text end

new text begin (b) The members of the working group shall organize themselves as necessary.
new text end

new text begin (c) The working group shall meet at regular intervals.
new text end

new text begin Subd. 4. new text end

new text begin Open meetings. new text end

new text begin Except as otherwise provided in this section, the group is
subject to Minnesota Statutes, chapter 13D. A meeting occurs when the members receive
information, discuss, or take action on any matter relating to the duties of the group.
new text end

new text begin Subd. 5. new text end

new text begin Report and recommendations. new text end

new text begin The working group shall provide a progress
report, with any legislative recommendations, to the chairs and ranking minority members
of the legislative committees with jurisdiction over unemployment insurance by February
15, 2020.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin The advisory group expires February 15, 2020, or upon the delivery
of the progress report to the chairs and ranking minority members of the legislative
committees, whichever comes first.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2019.
new text end