2004 Minnesota Statutes

     177.28 Power to make rules. 

    Subdivision 1.    General authority.  The commissioner 
 may adopt rules, including definitions of terms, to carry out 
 the purposes of sections 177.21 to 177.35, to prevent the 
 circumvention or evasion of those sections, and to safeguard the 
 minimum wage and overtime rates established by sections 177.24 
 and 177.25. 

    Subd. 2. Repealed, 1988 c 629 s 64 

    Subd. 3.    Rules required.  The commissioner shall 
 adopt rules under sections 177.21 to 177.35 defining and 
 governing:  

    (1)  salespeople who conduct no more than 20 percent of 
 their sales on the premises of the employer; 

    (2) allowances as part of the wage rates for board, 
 lodging, and other facilities or services furnished by the 
 employer and used by the employees; 

    (3) bonuses; 

    (4) part-time rates; 

    (5) special pay for special or extra work; 

    (6) procedures in contested cases; 

    (7) other facilities or services furnished by employers and 
 used by employees; and 

    (8) other special items usual in a particular 
 employer-employee relationship.  

    Subd. 4. Repealed, 1996 c 305 art 1 s 52 

    Subd. 5.    Rules regarding handicapped.  In order to 
 prevent curtailment of opportunities for employment, avoid undue 
 hardship, and safeguard the minimum wage rates under sections 
 177.24 and 177.25, the department shall also issue rules 
 providing for the employment of handicapped workers at wages 
 lower than the wage rates applicable under sections 177.24 and 
 177.25, under permits and for periods of time as specified 
 therein.  The rules must provide for the employment of learners 
 and apprentices at wages lower than the wage rates applicable 
 under sections 177.24 and 177.25, under permits and subject to 
 limitations on number, proportion, length of learning period, 
 occupations, and other conditions as the department may 
 prescribe.  The rules must provide that where a handicapped 
 person is performing or is being considered for employment where 
 work must be performed which is equal to work performed by a 
 nonhandicapped person, the handicapped person must be paid the 
 same wage as a nonhandicapped person with similar experience and 
 skill. 

    Subd. 6.    Administrative Procedure Act to apply.  The 
 rules are subject to the provisions of chapter 14.  

    HIST: 1973 c 721 s 8; 1976 c 165 s 2; 1977 c 369 s 3; 1982 c 
 424 s 50; 1984 c 628 art 4 s 1; 1984 c 636 s 1; 1Sp1985 c 13 s 
 280; 1986 c 444