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CHAPTER 181. EMPLOYMENT

Table of Sections
SectionHeadnote
181.001APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.

PAYMENT OF WAGES

181.01WAGES OF MINORS; TO WHOM PAID.
181.02SALARY OR WAGES NOT TO BE PAID BY NONNEGOTIABLE INSTRUMENTS.
181.03CERTAIN ACTS RELATING TO PAYMENT OF WAGES UNLAWFUL.
181.031EMPLOYERS NOT TO ACCEPT CONSIDERATION FOR SECURING EMPLOYMENT.
181.032REQUIRED STATEMENT OF EARNINGS BY EMPLOYER.
181.04ASSIGNMENT, SALE, OR TRANSFER OF WAGES; WHEN NOT EFFECTIVE.
181.041GARNISHMENT; ASSIGNMENT, SALE, OR TRANSFER OF WAGES; WHEN NOT EFFECTIVE.
181.05CONSENT OF EMPLOYER TO ASSIGNMENT REQUIRED.
181.06ASSIGNMENT OF WAGES; PAYROLL DEDUCTIONS.
181.063ASSIGNMENT OF WAGES, PUBLIC EMPLOYEES.
181.07ASSIGNMENT OF UNEARNED WAGES AS SECURITY.
181.08PUBLIC SERVICE CORPORATIONS; PAYMENT OF WAGES, REQUIREMENTS.
181.09RECOVERY OF WAGES, COSTS.
181.10WAGES PAID EVERY 15 DAYS.
181.101WAGES; HOW OFTEN PAID.
181.11DISCHARGED EMPLOYEE MUST BE PAID WITHIN 24 HOURS.
181.12RAILROAD PAYCHECKS TO SHOW AMOUNT OF DEDUCTION.
181.13PENALTY FOR FAILURE TO PAY WAGES PROMPTLY.
181.14PAYMENT TO EMPLOYEES WHO QUIT OR RESIGN; SETTLEMENT OF DISPUTES.
181.145PROMPT PAYMENT OF COMMISSIONS TO COMMISSION SALESPEOPLE.
181.15WHEN EMPLOYEE NOT ENTITLED TO BENEFITS.
181.16CONSTRUCTION OF SECTIONS 181.13 TO 181.171.
181.17Repealed, 1996 c 386 s 13
181.171COURT ACTIONS; PRIVATE PARTY CIVIL ACTIONS.
181.18Repealed, 1974 c 432 s 13
181.19Repealed, 1974 c 432 s 13
181.20Repealed, 1974 c 432 s 13
181.21Repealed, 1974 c 432 s 13
181.22Repealed, 1974 c 432 s 13
181.23Repealed, 1974 c 432 s 13
181.24Repealed, 1974 c 432 s 13
181.25Repealed, 1974 c 432 s 13
181.26Repealed, 1974 c 432 s 13
181.27Repealed, 1974 c 432 s 13

HOURS

181.275REGULATING NURSES' OVERTIME.
181.28LOCOMOTIVE ENGINEERS, HOURS.
181.29CERTAIN RAILROAD EMPLOYEES, HOURS.
181.30DUTY OF DEPARTMENT OF TRANSPORTATION.
181.31Repealed, 1974 c 432 s 13
181.32Repealed, 1974 c 432 s 13
181.33Repealed, 1974 c 432 s 13
181.34Repealed, 1974 c 432 s 13
181.35Repealed, 1974 c 432 s 13
181.36Repealed, 1974 c 432 s 13
181.37Repealed, 1974 c 432 s 13
181.38Repealed, 1974 c 432 s 13
181.39Repealed, 1974 c 432 s 13
181.40Repealed, 1974 c 432 s 13
181.41Repealed, 1974 c 432 s 13
181.42Repealed, 1974 c 432 s 13
181.43Repealed, 1974 c 432 s 13
181.44Repealed, 1974 c 432 s 13
181.45Repealed, 1974 c 432 s 13
181.46Repealed, 1974 c 432 s 13
181.47Repealed, 1974 c 432 s 13
181.48Repealed, 1974 c 432 s 13
181.49Repealed, 1974 c 432 s 13
181.50Repealed, 1974 c 432 s 13
181.51Repealed, 1974 c 432 s 13

INTERFERENCE WITH EMPLOYMENT

181.52INTERFERENCE WITH EMPLOYMENT.

CONDITIONS PRECEDENT

181.53CONDITIONS PRECEDENT TO EMPLOYMENT NOT REQUIRED.

RESERVES OR NATIONAL GUARD STATUS

181.535ARMED FORCES RESERVES OR NATIONAL GUARD STATUS.

SAFETY INSPECTIONS

181.54COMMISSIONER OF HUMAN SERVICES, SAFETY INSPECTION WORK.

EMPLOYMENT CONTRACTS

181.55WRITTEN STATEMENT TO EMPLOYEES BY EMPLOYERS.
181.56NO STATEMENT GIVEN; BURDEN OF PROOF.
181.57APPLICATION OF SECTIONS 181.55 AND 181.56.

WAGES TO SURVIVING SPOUSE

181.58SURVIVING SPOUSE PAID WAGES DUE.

PUBLIC CONTRACT REQUIREMENTS

181.59DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR PROHIBITED IN CONTRACT.

COSTS FOR MEDICAL EXAMS AND ANY RECORDS

181.60DEFINITIONS.
181.61MEDICAL EXAMINATION; RECORDS, COSTS.
181.62VIOLATIONS.

SILICATE

181.63SALE OR USE OF SILICATE, SILICA DUST, OR SILICON FLOUR FOR CERTAIN PURPOSES.

RECRUITMENT-RELATED ISSUES

181.635RECRUITMENT; FOOD PROCESSING EMPLOYMENT.
181.64FALSE STATEMENTS AS INDUCEMENT TO ENTERING EMPLOYMENT.
181.645EXPENSES FOR BACKGROUND CHECKS, TESTING, AND ORIENTATION.
181.65PENALTIES.

EQUAL PAY FOR EQUAL WORK LAW

181.66EQUAL PAY FOR EQUAL WORK LAW; DEFINITIONS.
181.67WAGE DISCRIMINATION BASED ON SEX; PROTECTION OF EMPLOYEES INVOLVED IN PROCEEDING.
181.68ACTIONS; LIMITATIONS, DAMAGES, ATTORNEY FEES, PARTIES, COMPROMISES.
181.69Repealed, 1974 c 432 s 13
181.70VIOLATIONS.
181.71CITATION.
181.72Repealed, 1974 c 432 s 13

CONSTRUCTION BIDS

181.721CONSTRUCTION BID EQUITY.

MISREPRESENTATION OF EMPLOYMENT RELATIONSHIP

181.722MISREPRESENTATION OF EMPLOYMENT RELATIONSHIP PROHIBITED.
181.723181.723 INDEPENDENT CONTRACTORS.

BENEFIT ISSUES

181.73MIGRANT LABOR; HEALTH INSURANCE.
181.74FAILURE OF EMPLOYER TO PAY BENEFITS OR WAGE SUPPLEMENTS, PENALTY.

POLYGRAPH TESTS

181.75POLYGRAPH TESTS OF EMPLOYEES OR PROSPECTIVE EMPLOYEES PROHIBITED.
181.76DISCLOSURE OF LIE DETECTOR TESTS PROHIBITED.
181.77Repealed, 1976 c 256 s 2

INVENTIONS

181.78AGREEMENTS; TERMS RELATING TO INVENTIONS.

WAGE DEDUCTIONS

181.79WAGES DEDUCTIONS FOR FAULTY WORKMANSHIP, LOSS, THEFT, OR DAMAGE.

UNION NOTICE

181.80UNION NOTICE OF INJURY OR DEATH.

MANDATORY RETIREMENT

181.81DISMISSAL FOR AGE; PROHIBITION; EXCEPTIONS; REMEDIES.
181.811Repealed, 2003 c 46 s 2
181.812RULES.

BENEFITS

181.82BENEFITS BASED ON JOB PERFORMANCE PROHIBITED.

CORN DETASSELERS

181.83CORN DETASSELERS; TERMINATION OF EMPLOYMENT.
181.84CORN DETASSELERS; WORK CONDITIONS.

MIGRANT LABOR

181.85MIGRANT LABOR; DEFINITIONS.
181.86EMPLOYMENT STATEMENT.
181.87PAYMENT TERMS.
181.88RECORD KEEPING.
181.89CIVIL ACTIONS.
181.90USE WAGNER-PEYSER SYSTEM.
181.91PRESERVATION OF EXISTING REMEDIES.

ADOPTIVE PARENT LEAVE

181.92LEAVES FOR ADOPTIVE PARENTS.

BANKRUPTCY

181.93NOTICE TO EMPLOYEES AND APPLICANTS OF BANKRUPTCY.

NOTICE OF TERMINATION

181.931DEFINITIONS.
181.932DISCLOSURE OF INFORMATION BY EMPLOYEES.
181.933NOTICE OF TERMINATION.
181.934EMPLOYEE NOTICE.
181.935181.935 INDIVIDUAL REMEDIES; PENALTY.
181.937REPRISALS FOR FAILURE TO CONTRIBUTE; CIVIL ACTION.

NONWORK ACTIVITIES

181.938NONWORK ACTIVITIES; PROHIBITED EMPLOYER CONDUCT.

NURSING MOTHERS

181.939NURSING MOTHERS.

PARENTING LEAVE

181.940DEFINITIONS.
181.941PARENTING LEAVE.
181.9412SCHOOL CONFERENCE AND ACTIVITIES LEAVE.
181.9413SICK OR INJURED CHILD CARE LEAVE.
181.942REINSTATEMENT AFTER LEAVE.
181.943RELATIONSHIP TO OTHER LEAVE.
181.9435DIVISION; INVESTIGATIONS, REPORTS.
181.9436POSTING OF LAW.
181.944INDIVIDUAL REMEDIES.

BONE MARROW DONATION LEAVE

181.945LEAVE FOR BONE MARROW DONATIONS.
181.9455MS 2002 Expired, 1Sp2001 c 4 art 2 s 9
ORGAN DONATION LEAVE
181.9456181.9456 LEAVE FOR ORGAN DONATION.

LEAVE FOR CIVIL AIR PATROL SERVICE

181.946LEAVE FOR CIVIL AIR PATROL SERVICE.
LEAVE FOR FAMILIES OF MOBILIZED MILITARY MEMBERS
181.947181.947 LEAVE FOR IMMEDIATE FAMILY MEMBERS OF MILITARY PERSONNEL INJURED OR KILLED IN ACTIVE SERVICE.
181.948181.948 LEAVE TO ATTEND MILITARY CEREMONIES.

DRUG AND ALCOHOL TESTING IN THE WORKPLACE

181.950DEFINITIONS.
181.951AUTHORIZED DRUG AND ALCOHOL TESTING.
181.952POLICY CONTENTS; PRIOR WRITTEN NOTICE.
181.953RELIABILITY AND FAIRNESS SAFEGUARDS.
181.954PRIVACY, CONFIDENTIALITY, AND PRIVILEGE SAFEGUARDS.
181.955CONSTRUCTION.
181.956REMEDIES.
181.957FEDERAL PREEMPTION.

PERSONNEL RECORD REVIEW AND ACCESS

181.960DEFINITIONS.
181.961REVIEW OF PERSONNEL RECORD BY EMPLOYEE.
181.962REMOVAL OR REVISION OF INFORMATION.
181.963USE OF OMITTED PERSONNEL RECORD.
181.9631181.9631 NOTICE OF EMPLOYEE RIGHTS.
181.964RETALIATION PROHIBITED.
181.9641ENFORCEMENT.
181.965REMEDIES.
181.966ADDITIONAL RIGHT OF ACCESS TO RECORDS.
181.967EMPLOYMENT REFERENCES.

EMPLOYEE INDEMNIFICATION

181.970EMPLOYEE INDEMNIFICATION.

PEER COUNSELING DEBRIEFING

181.973PUBLIC SAFETY PEER COUNSELING AND DEBRIEFING.

GENETIC TESTING IN EMPLOYMENT

181.974GENETIC TESTING IN EMPLOYMENT.

ACCESS TO EMPLOYEE ASSISTANCE RECORDS

181.980ACCESS TO EMPLOYEE ASSISTANCE RECORDS.
181.001 APPLICATION OF LAWS 2005, CHAPTER 56, TERMINOLOGY CHANGES.
State agencies shall use the terminology changes specified in Laws 2005, chapter 56, section
1, when printed material and signage are replaced and new printed material and signage are
obtained. State agencies do not have to replace existing printed material and signage to comply
with Laws 2005, chapter 56, sections 1 and 2. Language changes made according to Laws 2005,
chapter 56, sections 1 and 2, shall not expand or exclude eligibility to services.
History: 2005 c 56 s 3

PAYMENT OF WAGES

181.01 WAGES OF MINORS; TO WHOM PAID.
Any parent or guardian claiming the wages of a minor in service shall so notify the employer
and, if failing to do so, payment to the minor of wages so earned shall be valid.
History: (4133) RL s 1812; 1986 c 444
181.02 SALARY OR WAGES NOT TO BE PAID BY NONNEGOTIABLE INSTRUMENTS.
It is unlawful for an employer, other than a public service corporation, to issue to any
employee in lieu of or in payment of any salary or wages earned by the employee a nonnegotiable
time check or order.
History: (4134) 1917 c 348 s 1; 1996 c 386 s 8; 1997 c 83 s 1
181.03 CERTAIN ACTS RELATING TO PAYMENT OF WAGES UNLAWFUL.
    Subdivision 1. Prohibited practices. An employer may not, directly or indirectly and with
intent to defraud:
(1) cause any employee to give a receipt for wages for a greater amount than that actually
paid to the employee for services rendered;
(2) directly or indirectly demand or receive from any employee any rebate or refund from the
wages owed the employee under contract of employment with the employer; or
(3) in any manner make or attempt to make it appear that the wages paid to any employee
were greater than the amount actually paid to the employee.
    Subd. 2. Commissions. Except as otherwise provided in section 181.13, an employer or a
person, firm, corporation, or association may not alter the method of payment, timing of payment,
or procedures for payment of commissions earned through the last day of employment after the
employee has resigned or been terminated if the result is to delay or reduce the amount of payment.
    Subd. 3. Civil action. An employer who violates this section is liable in a civil action brought
by the employee for twice the amount in dispute.
History: (4134-1) 1933 c 249; 1986 c 444; 1996 c 386 s 9; 1997 c 83 s 2; 2001 c 199 s 1
181.031 EMPLOYERS NOT TO ACCEPT CONSIDERATION FOR SECURING
EMPLOYMENT.
An employer, or any manager, superintendent, lead supervisor, or other representative of
an employer, may not, directly or indirectly, demand or accept from any employee any part of
such employee's wages or other consideration, or any gratuity, in consideration of giving to or
securing, or assisting in securing, for any employee any employment with such employer.
History: (10536-1) 1933 c 47; 1986 c 444; 1996 c 386 s 10
181.032 REQUIRED STATEMENT OF EARNINGS BY EMPLOYER.
At the end of each pay period, the employer shall provide each employee an earnings
statement, either in writing or by electronic means, covering that pay period. An employer who
chooses to provide an earnings statement by electronic means must provide employee access to
an employer-owned computer during an employee's regular working hours to review and print
earnings statements. The earnings statement may be in any form determined by the employer
but must include:
(a) the name of the employee;
(b) the hourly rate of pay (if applicable);
(c) the total number of hours worked by the employee unless exempt from chapter 177;
(d) the total amount of gross pay earned by the employee during that period;
(e) a list of deductions made from the employee's pay;
(f) the net amount of pay after all deductions are made;
(g) the date on which the pay period ends; and
(h) the legal name of the employer and the operating name of the employer if different
from the legal name.
An employer must provide earnings statements to an employee in writing, rather than by
electronic means, if the employer has received at least 24 hours notice from an employee that
the employee would like to receive earnings statements in written form. Once an employer has
received notice from an employee that the employee would like to receive earnings statements in
written form, the employer must comply with that request on an ongoing basis.
History: 1Sp1985 c 13 s 291; 1996 c 386 s 11; 2006 c 253 s 13
181.04 ASSIGNMENT, SALE, OR TRANSFER OF WAGES; WHEN NOT EFFECTIVE.
No assignment, sale, or transfer, however made or attempted to be made, of any wages or
salary to be earned shall give any right of action either at law or in equity to the assignee or
transferee of such wages or salary, nor shall any action lie for the recovery of such wages or
salary, or any part thereof, by any other person than the person to whom such wages or salary are
to become due unless a written notice, together with a true and complete copy of the instrument
assigning or transferring such wages or salary, shall have been given within three days after the
making of such instrument to the person, firm, or corporation from whom such wages or salary
are accruing or may accrue.
History: (4135) 1905 c 309 s 1; 1917 c 321 s 1
181.041 GARNISHMENT; ASSIGNMENT, SALE, OR TRANSFER OF WAGES; WHEN
NOT EFFECTIVE.
No assignment, sale, or transfer, however made or attempted, of any earned or unearned
wages or salary is in any manner valid or effectual for the transfer of any salary or wages and
should be disregarded if made following service of a garnishment exemption notice and within
ten days prior to the receipt of the first garnishment or execution on a debt.
History: 1976 c 335 s 2
181.05 CONSENT OF EMPLOYER TO ASSIGNMENT REQUIRED.
No assignment, sale, or transfer, however made or attempted, of any unearned wages or
salary shall be in any manner valid or effectual for the transfer of any salary or wages to be earned
or accruing after the making of such assignment, sale, or transfer unless the person, firm, or
corporation from whom such wages or salary are to accrue shall consent thereto in writing. Any
employer or agent of such employer accepting or charging any fee or commission for collecting
the amount due on any such assignment, sale, or transfer shall be deemed guilty of a misdemeanor.
History: (4136) 1905 c 309 s 2
181.06 ASSIGNMENT OF WAGES; PAYROLL DEDUCTIONS.
    Subdivision 1. Assignment of wages. Every assignment, sale, or transfer, however made or
attempted, of wages or salary to be earned or to become due, in whole or in part, more than 60
days from and after the date of making such transfer, sale or assignment shall be absolutely void;
provided however, that the foregoing restriction against transfer, sale or assignment shall not apply
to any assignment, sale or transfer of that portion of wages or salary to be earned or to become
due in excess of the first $1,500 per month where such assignment is for less than five years.
    Subd. 2. Payroll deductions. A written contract may be entered into between an employer
and an employee wherein the employee authorizes the employer to make payroll deductions for
the purpose of paying union dues, premiums of any life insurance, hospitalization and surgical
insurance, group accident and health insurance, group term life insurance, group annuities or
contributions to credit unions or a community chest fund, a local arts council, a local science
council or a local arts and science council, or Minnesota benefit association, a federally or state
registered political action committee, or participation in any employee stock purchase plan or
savings plan for periods longer than 60 days, including gopher state bonds established under
section 16A.645.
History: (4137) 1905 c 309 s 3; 1937 c 95 s 1; 1951 c 213 s 1; 1965 c 778 s 1; 1967 c 517 s
1; 1977 c 231 s 1; 1984 c 508 s 1; 1997 c 183 art 2 s 17
181.063 ASSIGNMENT OF WAGES, PUBLIC EMPLOYEES.
Any officer or employee of a county, town, city, school district, or the state, or any
department thereof, has the same right to sell, assign, or transfer salary or wages as any officer of
or person employed by any corporation, firm, or person.
History: 1945 c 424 s 26; 1973 c 123 art 5 s 7; 1986 c 444; 1997 c 83 s 3
181.07 ASSIGNMENT OF UNEARNED WAGES AS SECURITY.
No assignment of or order for wages to be earned in the future to secure a loan of less than
$200 shall be valid against an employer of the person making the assignment or order until the
assignment or order is accepted in writing by the employer and the assignment or order and the
acceptance of the same have been filed and recorded with the clerk of the city or town where the
party making the assignment or order resides, if a resident of this state, or in which the person is
employed if the person is a nonresident. No assignment of or order for wages to be earned in the
future shall be valid when made by a married person unless the written consent of the person's
spouse to the making of the assignment or order is attached thereto.
History: (4138) 1911 c 308 s 1; 1981 c 31 s 3
181.08 PUBLIC SERVICE CORPORATIONS; PAYMENT OF WAGES,
REQUIREMENTS.
All public service corporations doing business within this state are required to pay their
employees at least semimonthly the wages earned by them to within 15 days of the date of such
payment, unless prevented by inevitable casualty. Such wages less any voluntarily authorized
payroll deduction set out in section 181.06 shall be paid in cash, or by checks convertible into
cash at full face value thereof, without any service, exchange, discount, float, or other charges, at
a bank designated by such public service corporation located in any city in which the employee
to whom the check is issued is employed or into which such employee is required to go in the
performance of work for the company issuing the same. It shall be the duty of the corporation to
make necessary arrangements with a bank for the cashing of these checks without such charges, or
to reimburse any employee who has paid such charges upon request. When an employee shall be
discharged wages shall be paid at the time of discharge or whenever the employee shall demand
the same thereafter; allowing a reasonable time within which to compute wages due and to make
authorized and other deductions required by law.
History: (4139) 1915 c 29 s 1; 1915 c 37 s 1; 1945 c 478 s 1; 1951 c 213 s 2; 1953 c 393 s
1; 1973 c 123 art 5 s 7; 1986 c 444
181.09 RECOVERY OF WAGES, COSTS.
When any public service corporation neglects or refuses to pay its employees, as prescribed
by section 181.08, the wages may be recovered by action without further demand. Costs of
$10 shall be allowed to the plaintiff and included in the judgment, in addition to disbursements
allowed by law.
History: (4140) 1915 c 29 s 2; 1915 c 37 s 2; 1953 c 359 s 1; 1983 c 359 s 19; 1986 c 444
181.10 WAGES PAID EVERY 15 DAYS.
Every employer employing any person to labor or perform service on any project of a
transitory nature, such as the construction, paving, repair, or maintenance of roads or highways,
sewers or ditches, clearing land, or the production of forest products or any other work that
requires the employee to change the employee's place of abode, shall pay the wages or earnings of
the person at intervals of not more than 15 days at the place of employment or in close proximity
to the place of employment.
History: (4140-1) 1933 c 223 s 1; 1986 c 444; 1997 c 83 s 4
181.101 WAGES; HOW OFTEN PAID.
Every employer must pay all wages earned by an employee at least once every 31 days on
a regular pay day designated in advance by the employer regardless of whether the employee
requests payment at longer intervals. Unless paid earlier, the wages earned during the first half
of the first 31-day pay period become due on the first regular payday following the first day of
work. If wages earned are not paid, the commissioner of labor and industry or the commissioner's
representative may demand payment on behalf of an employee. If payment is not made within
ten days of demand, the commissioner may charge and collect the wages earned and a penalty in
the amount of the employee's average daily earnings at the rate agreed upon in the contract of
employment, not exceeding 15 days in all, for each day beyond the ten-day limit following the
demand. Money collected by the commissioner must be paid to the employee concerned. This
section does not prevent an employee from prosecuting a claim for wages. This section does not
prevent a school district, other public school entity, or other school, as defined under section
120A.22, from paying any wages earned by its employees during a school year on regular pay
days in the manner provided by an applicable contract or collective bargaining agreement, or a
personnel policy adopted by the governing board. For purposes of this section, "employee"
includes a person who performs agricultural labor as defined in section 181.85, subdivision 2. For
purposes of this section, wages are earned on the day an employee works.
History: 1Sp1985 c 13 s 292; 1993 c 253 s 1; 1999 c 241 art 9 s 44; 2006 c 263 art 4 s 5;
2006 c 282 art 4 s 3
181.11 DISCHARGED EMPLOYEE MUST BE PAID WITHIN 24 HOURS.
When any such transitory employment as is described in section 181.10 which requires an
employee to change the employee's place of abode while performing the service required by the
employment is terminated, either by the completion of the work or by the discharge or quitting
of the employee, the wages or earnings of such employee in such employment shall be paid
within 24 hours and, if not then paid, the employer shall pay the employee's reasonable expenses
of remaining in the camp or elsewhere away from home while awaiting the arrival of payment
of wages or earnings and, if such wages or earnings are not paid within two business days after
the termination of such employment for any cause, the employer shall, in addition, pay to the
employee two times the average amount of the employee's daily earnings in such employment
from the time of the termination of the employment until payment has been made in full.
History: (4140-2) 1933 c 223 s 2; 1986 c 444; 2005 c 127 s 1
181.12 RAILROAD PAYCHECKS TO SHOW AMOUNT OF DEDUCTION.
Every railroad corporation doing business within this state shall state clearly on a statement
accompanying each check, issued to an employee for services rendered to such corporation
in this state, the amount of any deduction made from the regular wage of such employee, the
reason therefor, and the date or period covered by such deduction. Deductions authorized by the
employee may be designated as miscellaneous on the statement accompanying such check.
History: (4140-3) 1935 c 141 s 1; 1939 c 169; 1945 c 123 s 1; 1980 c 509 s 82
181.13 PENALTY FOR FAILURE TO PAY WAGES PROMPTLY.
(a) When any employer employing labor within this state discharges an employee, the wages
or commissions actually earned and unpaid at the time of the discharge are immediately due and
payable upon demand of the employee. If the employee's earned wages and commissions are not
paid within 24 hours after demand, whether the employment was by the day, hour, week, month,
or piece or by commissions, the employer is in default. The discharged employee may charge and
collect the amount of the employee's average daily earnings at the rate agreed upon in the contract
of employment, for each day up to 15 days, that the employer is in default, until full payment
or other settlement, satisfactory to the discharged employee, is made. In the case of a public
employer where approval of expenditures by a governing board is required, the 24-hour period for
payment does not commence until the date of the first regular or special meeting of the governing
board following discharge of the employee.
(b) The wages and commissions must be paid at the usual place of payment unless the
employee requests that the wages and commissions be sent through the mails. If, in accordance
with a request by the employee, the employee's wages and commissions are sent to the employee
through the mail, the wages and commissions are paid as of the date of their postmark.
History: (4127) 1919 c 175 s 1; 1933 c 173 s 1; 1984 c 446 s 1; 1Sp1985 c 16 art 1 s 2;
1986 c 444; 1997 c 83 s 5
181.14 PAYMENT TO EMPLOYEES WHO QUIT OR RESIGN; SETTLEMENT OF
DISPUTES.
    Subdivision 1. Prompt payment required. (a) When any such employee quits or resigns
employment, the wages or commissions earned and unpaid at the time the employee quits or
resigns shall be paid in full not later than the first regularly scheduled payday following the
employee's final day of employment, unless an employee is subject to a collective bargaining
agreement with a different provision. If the first regularly scheduled payday is less than five
calendar days following the employee's final day of employment, full payment may be delayed
until the second regularly scheduled payday but shall not exceed a total of 20 calendar days
following the employee's final day of employment.
(b) Notwithstanding the provisions of paragraph (a), in the case of migrant workers, as
defined in section 181.85, the wages or commissions earned and unpaid at the time the employee
quits or resigns shall become due and payable within five days thereafter.
    Subd. 2. Nonprompt payment. Wages or commissions not paid within the required time
period shall become immediately payable upon the demand of the employee. If the employee's
earned wages or commissions are not paid within 24 hours after the demand, the employer shall
be liable to the employee for an additional sum equal to the amount of the employee's average
daily earnings provided in the contract of employment, for every day, not exceeding 15 days in
all, until such payment or other settlement satisfactory to the employee is made.
    Subd. 3. Settlement of disputes. If the employer disputes the amount of wages or
commissions claimed by the employee under the provisions of this section or section 181.13, and
the employer makes a legal tender of the amount which the employer in good faith claims to be
due, the employer shall not be liable for any sum greater than the amount so tendered and interest
thereon at the legal rate, unless, in an action brought in a court having jurisdiction, the employee
recovers a greater sum than the amount so tendered with interest thereon; and if, in the suit, the
employee fails to recover a greater sum than that so tendered, with interest, the employee shall
pay the cost of the suit, otherwise the cost shall be paid by the employer.
    Subd. 4. Employees entrusted with money or property. In cases where the discharged
or quitting employee was, during employment, entrusted with the collection, disbursement, or
handling of money or property, the employer shall have ten calendar days after the termination of
the employment to audit and adjust the accounts of the employee before the employee's wages
or commissions shall be paid as provided in this section, and the penalty herein provided shall
apply in such case only from the date of demand made after the expiration of the period allowed
for payment of the employee's wages or commissions. If, upon such audit and adjustment of the
accounts of the employee, it is found that any money or property entrusted to the employee by the
employer has not been properly accounted for or paid over to the employer, as provided by the
terms of the contract of employment, the employee shall not be entitled to the benefit of sections
181.13 to 181.171, but the claim for unpaid wages or commissions of such employee, if any, shall
be disposed of as provided by existing law.
    Subd. 5. Place of payment. Wages and commissions paid under this section shall be paid
at the usual place of payment unless the employee requests that the wages and commissions be
sent to the employee through the mails. If, in accordance with a request by the employee, the
employee's wages and commissions are sent to the employee through the mail, the wages and
commissions shall be deemed to have been paid as of the date of their postmark for the purposes
of this section.
History: (4128) 1919 c 175 s 2; 1933 c 173 s 2; 1984 c 446 s 2; 1986 c 444; 1997 c 7 art 1 s
85; 1997 c 83 s 6; 1997 c 180 s 1
181.145 PROMPT PAYMENT OF COMMISSIONS TO COMMISSION SALESPEOPLE.
    Subdivision 1. Definitions. For the purposes of this section, "commission salesperson"
means a person who is paid on the basis of commissions for sales and who is not covered by
sections 181.13 and 181.14 because the person is an independent contractor. For the purposes
of this section, the phrase "commissions earned through the last day of employment" means
commissions due for services or merchandise which have actually been delivered to and accepted
by the customer by the final day of the salesperson's employment.
    Subd. 2. Prompt payment required. (a) When any person, firm, company, association, or
corporation employing a commission salesperson in this state terminates the salesperson, or when
the salesperson resigns that position, the employer shall promptly pay the salesperson, at the usual
place of payment, commissions earned through the last day of employment or be liable to the
salesperson for the penalty provided under subdivision 3 in addition to any earned commissions
unless the employee requests that the commissions be sent to the employee through the mails.
If, in accordance with a request by the employee, the employee's commissions are sent to the
employee through the mail, the commissions shall be deemed to have been paid as of the date of
their postmark for the purposes of this section.
(b) If the employer terminates the salesperson or if the salesperson resigns giving at least
five days' written notice, the employer shall pay the salesperson's commissions earned through
the last day of employment on demand no later than three working days after the salesperson's
last day of work.
(c) If the salesperson resigns without giving at least five days' written notice, the employer
shall pay the salesperson's commissions earned through the last day of employment on demand no
later than six working days after the salesperson's last day of work.
(d) Notwithstanding the provisions of paragraphs (b) and (c), if the terminated or resigning
salesperson was, during employment, entrusted with the collection, disbursement, or handling of
money or property, the employer has ten working days after the termination of employment to
audit and adjust the accounts of the salesperson before the salesperson can demand commissions
earned through the last day of employment. In such cases, the penalty provided in subdivision
3 shall apply only from the date of demand made after the expiration of the ten working day
audit period.
    Subd. 3. Penalty for nonprompt payment. If the employer fails to pay the salesperson
commissions earned through the last day of employment on demand within the applicable period
as provided under subdivision 2, the employer shall be liable to the salesperson, in addition to
earned commissions, for a penalty for each day, not exceeding 15 days, which the employer is late
in making full payment or satisfactory settlement to the salesperson for the commissions earned
through the last day of employment. The daily penalty shall be in an amount equal to 1/15 of
the salesperson's commissions earned through the last day of employment which are still unpaid
at the time that the penalty will be assessed.
    Subd. 4. Amount of commission disputed. (a) When there is a dispute concerning the
amount of the salesperson's commissions earned through the last day of employment or whether
the employer has properly audited and adjusted the salesperson's account, the penalty provided in
subdivision 3 shall not apply if the employer pays the amount it in good faith believes is owed the
salesperson for commissions earned through the last day of employment within the applicable
period as provided under subdivision 2; except that, if the dispute is later adjudicated and it is
determined that the salesperson's commissions earned through the last day of employment were
greater than the amount paid by the employer, the penalty provided in subdivision 3 shall apply.
(b) If a dispute under this subdivision is later adjudicated and it is determined that the
salesperson was not promptly paid commissions earned through the last day of employment as
provided under subdivision 2, the employer shall pay reasonable attorney's fees incurred by
the salesperson.
    Subd. 5. Commissions earned after last day of employment. Nothing in this section shall
be construed to impair a commission salesperson from collecting commissions on merchandise
ordered prior to the last day of employment but delivered and accepted after termination of
employment. However, the penalties prescribed in subdivision 3 apply only with respect to the
payment of commissions earned through the last day of employment.
History: 1984 c 446 s 3; 1986 c 444
181.15 WHEN EMPLOYEE NOT ENTITLED TO BENEFITS.
No such servant or employee who hides or stays away to avoid receiving payment, or refuses
to receive the same when fully tendered, shall be entitled to any benefit under sections 181.13 to
181.171 for such time as so avoiding payment; provided, when any number of employees enter
upon a strike the wages due such striking employees at the time of entering upon such strike shall
not become due until the next regular pay day after the commencement of such strike.
History: (4129) 1919 c 175 s 3; 1986 c 444; 1997 c 7 art 1 s 86
181.16 CONSTRUCTION OF SECTIONS 181.13 TO 181.171.
Sections 181.13 to 181.171 shall not be construed to apply to any employer or an individual,
copartnership, or corporation that is bankrupt, or where a receiver or trustee is acting under the
direction of the court. Payment or tender by check drawn on a bank situated in the county where
a laborer is employed shall be a sufficient payment or tender to comply with the provisions of
sections 181.13 to 181.171.
History: (4130) 1919 c 175 s 4; 1983 c 41 s 1; 1997 c 7 art 1 s 87
181.17 [Repealed, 1996 c 386 s 13]
181.171 COURT ACTIONS; PRIVATE PARTY CIVIL ACTIONS.
    Subdivision 1. Civil action; damages. A person may bring a civil action seeking redress
for violations of sections 181.02, 181.03, 181.031, 181.032, 181.08, 181.09, 181.10, 181.101,
181.11, 181.12, 181.13, 181.14, 181.145, and 181.15 directly to district court. An employer who
is found to have violated the above sections is liable to the aggrieved party for the civil penalties
or damages provided for in the section violated. An employer who is found to have violated
the above sections shall also be liable for compensatory damages and other appropriate relief
including but not limited to injunctive relief.
    Subd. 2. District court jurisdiction. An action brought under subdivision 1 may be filed
in the district court of the county wherein a violation is alleged to have been committed, where
the respondent resides or has a principal place of business, or any other court of competent
jurisdiction.
    Subd. 3. Attorney fees and costs. In an action brought under subdivision 1, the court shall
order an employer who is found to have committed a violation to pay to the aggrieved party
reasonable costs, disbursements, witness fees, and attorney fees.
    Subd. 4. Employer; definition. "Employer" means any person having one or more
employees in Minnesota and includes the state and any political subdivision of the state. This
definition applies to this section and sections 181.02, 181.03, 181.031, 181.032, 181.06, 181.063,
181.10, 181.101, 181.13, 181.14, and 181.16.
History: 1996 c 386 s 12; 1997 c 83 s 7
181.18 [Repealed, 1974 c 432 s 13]
181.19 [Repealed, 1974 c 432 s 13]
181.20 [Repealed, 1974 c 432 s 13]
181.21 [Repealed, 1974 c 432 s 13]
181.22 [Repealed, 1974 c 432 s 13]
181.23 [Repealed, 1974 c 432 s 13]
181.24 [Repealed, 1974 c 432 s 13]
181.25 [Repealed, 1974 c 432 s 13]
181.26 [Repealed, 1974 c 432 s 13]
181.27 [Repealed, 1974 c 432 s 13]

HOURS

181.275 REGULATING NURSES' OVERTIME.
    Subdivision 1. Definitions. For purposes of this section, the following terms have the
meanings given them:
    (1) "emergency" means a period when replacement staff are not able to report for duty
for the next shift or increased patient need, because of unusual, unpredictable, or unforeseen
circumstances such as, but not limited to, an act of terrorism, a disease outbreak, adverse weather
conditions, or natural disasters which impact continuity of patient care;
    (2) "normal work period" means 12 or fewer consecutive hours consistent with a
predetermined work shift;
    (3) "nurse" has the meaning given in section 148.171, subdivision 9, and includes nurses
employed by the state of Minnesota; and
    (4) "taking action against" means discharging; disciplining; threatening; reporting to
the Board of Nursing; discriminating against; or penalizing regarding compensation, terms,
conditions, location, or privileges of employment.
    Subd. 2. Prohibited actions. Except as provided in subdivision 3, a hospital or other entity
licensed under sections 144.50 to 144.58, and its agent, or other health care facility licensed by
the commissioner of health, and the facility's agent, is prohibited from taking action against a
nurse solely on the grounds that the nurse fails to accept an assignment of additional consecutive
hours at the facility in excess of a normal work period, if the nurse declines to work additional
hours because doing so may, in the nurse's judgment, jeopardize patient safety. This subdivision
does not apply to a nursing facility, an intermediate care facility for persons with developmental
disabilities, a licensed boarding care facility, or a housing with services establishment.
    Subd. 2a. State nurses. Subdivision 2 applies to a nurse employed by the state of Minnesota
regardless of the type of facility in which the nurse is employed and regardless of the facility's
license, if the nurse is involved in resident or patient care.
    Subd. 2b. Department of Corrections nurses. This section does not apply to nurses
employed by the state at a facility operated by the Department of Corrections. This subdivision
expires July 1, 2008.
    Subd. 2c. Collective bargaining rights. This section does not diminish or impair the rights
of a person under any collective bargaining agreement.
    Subd. 3. Emergency. Notwithstanding subdivision 2, a nurse may be scheduled for duty or
required to continue on duty for more than one normal work period in an emergency.
    Subd. 4. Exception. Section 645.241 does not apply to violations of this section.
History: 2002 c 272 s 3; 2005 c 56 s 1; 2007 c 46 s 2-5
181.28 LOCOMOTIVE ENGINEERS, HOURS.
Locomotive engineers and fire tenders shall not be required to serve as such for more than 14
consecutive hours. At least nine hours, or as many hours less as are asked for by these engineers
or fire tenders, shall be allowed for rest before being again required to go on duty. Nothing herein
shall permit any such engineer or fire tender to desert a locomotive when, by reason of accident
or of delay caused by the elements, another cannot immediately be procured as a replacement,
nor prohibit them, in any case, from serving longer than 14 hours if they so desire. Every
superintendent or other officer or employer of a railway company who shall order or require any
service in violation of this section shall be guilty of a misdemeanor, and such company shall be
liable to any engineer or fire tender for injuries sustained in consequence of such violation.
History: (4091) RL s 1801; 1986 c 444
181.29 CERTAIN RAILROAD EMPLOYEES, HOURS.
It shall be unlawful for any railroad company within the state, or any of its officers or agents,
to require or permit any employee engaged in or connected with the movement of any rolling
stock, engine, or train, to remain on duty more than 16 consecutive hours, or to require or permit
any such employee who has been on duty 16 consecutive hours to perform any further service
without having had at least eight hours' rest, or to require or permit any such employee to be on
duty at any time to exceed 16 hours in any consecutive 24 hours. This section shall not apply
to work performed in the protection of life or property in cases of accident, wreck, or other
unavoidable casualty, and it shall not apply to the time necessary for train workers to reach
a resting place when an accident, wreck, washout, snow blockade, or other unavoidable cause
has delayed their train.
History: (4092) 1907 c 253 s 1; 1986 c 444
181.30 DUTY OF DEPARTMENT OF TRANSPORTATION.
Any officer of any railroad company in the state violating any of the provisions of section
181.29 is guilty of a misdemeanor. It shall be the duty of the state Department of Transportation,
upon complaint properly filed with it alleging a violation of section 181.29, to make a full
investigation in relation thereto, and for such purpose it shall have the power to administer oaths,
interrogate witnesses, take testimony and require the production of books and papers, and if such
report shall show a violation of the provisions of section 181.29, the Department of Transportation
shall, through the attorney general, begin the prosecution of all parties against whom evidence of
such violation is found; but section 181.29 shall not be construed to prevent any other person
from beginning prosecution for the violation of the provisions thereof.
History: (4093) 1907 c 253 s 2; 1971 c 25 s 67; 1984 c 628 art 3 s 11; 1Sp2001 c 4 art 6
s 26; 2005 c 10 art 3 s 12
181.31 [Repealed, 1974 c 432 s 13]
181.32 [Repealed, 1974 c 432 s 13]
181.33 [Repealed, 1974 c 432 s 13]
181.34 [Repealed, 1974 c 432 s 13]
181.35 [Repealed, 1974 c 432 s 13]
181.36 [Repealed, 1974 c 432 s 13]
181.37 [Repealed, 1974 c 432 s 13]
181.38 [Repealed, 1974 c 432 s 13]
181.39 [Repealed, 1974 c 432 s 13]
181.40 [Repealed, 1974 c 432 s 13]
181.41 [Repealed, 1974 c 432 s 13]
181.42 [Repealed, 1974 c 432 s 13]
181.43 [Repealed, 1974 c 432 s 13]
181.44 [Repealed, 1974 c 432 s 13]
181.45 [Repealed, 1974 c 432 s 13]
181.46 [Repealed, 1974 c 432 s 13]
181.47 [Repealed, 1974 c 432 s 13]
181.48 [Repealed, 1974 c 432 s 13]
181.49 [Repealed, 1974 c 432 s 13]
181.50 [Repealed, 1974 c 432 s 13]
181.51 [Repealed, 1974 c 432 s 13]

INTERFERENCE WITH EMPLOYMENT

181.52 INTERFERENCE WITH EMPLOYMENT.
No individual, corporation, member of any firm, or any agent, officer, or employee of any of
them, shall contrive or conspire to prevent any person from obtaining or holding any employment,
or discharge, or procure or attempt to procure the discharge of, any person from employment, by
reason of the person having engaged in a strike.
History: (4201) RL s 1822; 1986 c 444

CONDITIONS PRECEDENT

181.53 CONDITIONS PRECEDENT TO EMPLOYMENT NOT REQUIRED.
No person, whether acting directly or through an agent, or as the agent or employee of
another, shall require as a condition precedent to employment any written statement as to the
participation of the applicant in a strike, or as to a personal record, save as to conviction of a
public offense, for more than one year immediately preceding the date of application therefor;
nor shall any person, acting in any of the aforesaid capacities, use or require blanks or forms of
application for employment in contravention of this section.
History: (4202) RL s 1823; 1986 c 444

RESERVES OR NATIONAL GUARD STATUS

181.535 ARMED FORCES RESERVES OR NATIONAL GUARD STATUS.
(a) No person, whether acting directly or through an agent or as the agent or employee
of another, may, with intent to discriminate:
(1) ask a person seeking employment with that person or the employer represented by that
person whether the person seeking employment is a member of the National Guard or a reserve
component of the United States armed forces; or
(2) require the person seeking employment to make any oral or written statement concerning
National Guard or reserve status as a condition precedent to employment.
(b) The adjutant general and the commissioner of veterans affairs shall use reasonable means
to publicize this section. This section does not apply to public employers asking a question or
requesting a statement for the purpose of determining whether a veterans preference applies.
(c) Section 645.241 does not apply to this section.
History: 2004 c 256 art 1 s 2

SAFETY INSPECTIONS

181.54 COMMISSIONER OF HUMAN SERVICES, SAFETY INSPECTION WORK.
The commissioner of human services is hereby authorized and empowered to expend out of
any relief funds available therefor such sums of money which in the commissioner's judgment
may be necessary for safety inspection work required by law for the protection of employees
engaged upon such state and federal projects as may be designated by the commissioner.
History: (4202-1) 1935 c 233 s 1; 1939 c 431 art 7 s 2; 1953 c 593 s 2; 1984 c 654 art 5 s
58; 1986 c 444

EMPLOYMENT CONTRACTS

181.55 WRITTEN STATEMENT TO EMPLOYEES BY EMPLOYERS.
When a contract of employment is consummated between an employer and an employee for
work to be performed in this state, or for work to be performed in another state for an employer
localized in this state, the employer shall give to the employee a written and signed agreement
of hire, which shall clearly and plainly state:
(1) the date on which the agreement was entered into;
(2) the date on which the services of the employee are to begin;
(3) the rate of pay per unit of time, or of commission, or by the piece, so that wages due
may be readily computed;
(4) the number of hours a day which shall constitute a regular day's work, and whether or not
additional hours the employee is required to work shall constitute overtime and be paid for, and,
if so, the rate of pay for overtime work; and
(5) a statement of any special responsibility undertaken by the employee, not forbidden
by law, which, if not properly performed by the employee, will entitle the employer to make
deductions from the wages of the employee, and the terms upon which such deductions may
be made.
History: (4126-11) 1933 c 250 s 1
181.56 NO STATEMENT GIVEN; BURDEN OF PROOF.
Where no such written agreement is entered into the burden of proof shall be upon the
employer to establish the terms of the verbal agreement in case of a dispute with the employee
as to its terms.
History: (4126-12) 1933 c 250 s 2
181.57 APPLICATION OF SECTIONS 181.55 AND 181.56.
Sections 181.55 and 181.56 shall not apply to farm labor, nor to casual employees
temporarily employed, nor employers employing less than ten employees.
History: (4126-13) 1933 c 250 s 3

WAGES TO SURVIVING SPOUSE

181.58 SURVIVING SPOUSE PAID WAGES DUE.
For the purposes of this section the word "employer" includes every person, firm, partnership,
corporation, the state of Minnesota, all political subdivisions, and all municipal corporations.
If, at the time of the death of any person, an employer is indebted to the person for work,
labor, or services performed, and no personal representative of the person's estate has been
appointed, such employer shall, upon the request of the surviving spouse, forthwith pay this
indebtedness, in such an amount as may be due, not exceeding the sum of $10,000, to the
surviving spouse. The employer may in the same manner provide for payment to the surviving
spouse of accumulated credits under the vacation or overtime plan or system maintained by the
employer. The employer shall require proof of claimant's relationship to decedent by affidavit,
and require claimant to acknowledge receipt of such payment in writing. Any payments made
by the employer pursuant to the provisions of this section shall operate as a full and complete
discharge of the employer's indebtedness to the extent of the payment, and no employer shall
thereafter be liable therefor to the decedent's estate or the decedent's personal representative
thereafter appointed. Any amounts so received by a spouse shall be considered in diminution of
the allowance to the spouse under section 524.2-403.
History: 1941 c 408 s 1; 1951 c 531 s 1; 1957 c 126 s 1; 1969 c 954 s 1; 1986 c 444;
1987 c 325 s 1; 1999 c 86 art 1 s 45

PUBLIC CONTRACT REQUIREMENTS

181.59 DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR
PROHIBITED IN CONTRACT.
Every contract for or on behalf of the state of Minnesota, or any county, city, town, township,
school, school district, or any other district in the state, for materials, supplies, or construction
shall contain provisions by which the contractor agrees:
(1) that, in the hiring of common or skilled labor for the performance of any work under
any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of
race, creed, or color, discriminate against the person or persons who are citizens of the United
States or resident aliens who are qualified and available to perform the work to which the
employment relates;
(2) that no contractor, material supplier, or vendor, shall, in any manner, discriminate against,
or intimidate, or prevent the employment of any person or persons identified in clause (1) of
this section, or on being hired, prevent, or conspire to prevent, the person or persons from the
performance of work under any contract on account of race, creed, or color;
(3) that a violation of this section is a misdemeanor; and
(4) that this contract may be canceled or terminated by the state, county, city, town, school
board, or any other person authorized to grant the contracts for employment, and all money due,
or to become due under the contract, may be forfeited for a second or any subsequent violation of
the terms or conditions of this contract.
History: 1941 c 238; 1973 c 123 art 5 s 7; 1984 c 609 s 11

COSTS FOR MEDICAL EXAMS AND ANY RECORDS

181.60 DEFINITIONS.
    Subdivision 1. Terms. For the purposes of sections 181.60 to 181.62, unless a different
meaning is indicated by the context, the terms defined in this section shall have the meanings
given them.
    Subd. 2. Employer. "Employer" means any individual, partnership, association, corporation,
legal representative, trustee, receiver, trustee in bankruptcy, and any common carrier by rail,
motor, water, air or express company doing business in or operating within the state.
    Subd. 3. Employee. "Employee" means any person who may be permitted, required, or
directed by any employer, as defined in subdivision 2, in consideration of direct or indirect gain or
profit, to engage in any employment.
History: 1951 c 201 s 1
181.61 MEDICAL EXAMINATION; RECORDS, COSTS.
It is unlawful for any employer to require any employee or applicant for employment to pay
the cost of a medical examination or the cost of furnishing any records required by the employer
as a condition of employment, except certificates of attending physicians in connection with
the administration of an employee's pension and disability benefit plan or citizenship papers
or birth records.
History: 1951 c 201 s 2; 1Sp2001 c 9 art 15 s 32
181.62 VIOLATIONS.
Any employer who violates any of the provisions of sections 181.60 to 181.62 is guilty of
a misdemeanor.
History: 1951 c 201 s 3

SILICATE

181.63 SALE OR USE OF SILICATE, SILICA DUST, OR SILICON FLOUR FOR
CERTAIN PURPOSES.
It shall be unlawful and a misdemeanor in the state of Minnesota to sell or use any materials
used in a dry state for dusting the surface of molds to form a separation of the component parts of
the mold which contain silicate, silica dust, or silica flour. It shall be the duty of the Department
of Labor and Industry to see that the provisions of this section are enforced and to institute
proceedings against any employer or other person who shall violate its provisions.
History: 1953 c 484 s 1; Ex1967 c 1 s 6

RECRUITMENT-RELATED ISSUES

181.635 RECRUITMENT; FOOD PROCESSING EMPLOYMENT.
    Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
(a) "Employer" means a person who employs another to perform a service for hire. Employer
includes any agent or attorney of an employer who, for money or other valuable consideration
paid or promised to be paid, performs any recruiting.
(b) "Person" means a corporation, partnership, limited liability company, limited liability
partnership, association, individual, or group of persons.
(c) "Recruits" means to induce an individual, directly or through an agent, to relocate to
Minnesota to work in food processing by an offer of employment.
(d) "Food processing" means canning, packing, or otherwise processing poultry or meat
for consumption.
(e) "Terms and conditions of employment" means the following:
(1) nature of the work to be performed;
(2) wage rate, nature and amount of deductions for tools, clothing, supplies, or other items;
(3) anticipated hours of work per week, including overtime;
(4) anticipated slowdown or shutdown or if hours of work per week vary more than 25
percent from clause (3);
(5) duration of the work;
(6) workers' compensation coverage and name, address, and telephone number of insurer and
Department of Labor and Industry;
(7) employee benefits available, including any health plans, sick leave, or paid vacation;
(8) transportation and relocation arrangements with allocation of costs between employer
and employee;
(9) availability and description of housing and any costs to employee associated with
housing; and
(10) any other item of value offered, and allocation of costs of item between employer
and employee.
    Subd. 2. Recruiting; required disclosure. An employer shall provide written disclosure of
the terms and conditions of employment to a person at the time it recruits the person to relocate to
work in the food processing industry. The disclosure requirement does not apply to an exempt
employee as defined in United States Code, title 29, section 213(a)(1). The disclosure must be
written in English and Spanish, dated and signed by the employer and the person recruited,
and maintained by the employer for two years. A copy of the signed and completed disclosure
must be delivered immediately to the recruited person. The disclosure may not be construed
as an employment contract.
    Subd. 3. Civil action. A person injured by a violation of this section has a cause of action
for damages for the greater of $500 per violation or twice their actual damages, plus costs and
reasonable attorney's fees. A damage award shall be the greater of $750 or three times actual
damages for a person injured by an intentional violation of this section.
    Subd. 4. Fine. The Department of Labor and Industry shall fine an employer not less than
$200 or more than $500 for each violation of this section.
    Subd. 5. Applicability. A public agency providing employment services is not an employer
under this section.
    Subd. 6. Standard disclosure form. The Department of Labor and Industry shall provide a
standard form for use at the employer's option in making the disclosure required in subdivision 2.
The form shall be available in English and Spanish.
History: 1995 c 154 s 1
181.64 FALSE STATEMENTS AS INDUCEMENT TO ENTERING EMPLOYMENT.
It shall be unlawful for any person, partnership, company, corporation, association, or
organization of any kind, doing business in this state, directly or through any agent or attorney, to
induce, influence, persuade, or engage any person to change from one place to another in this
state, or to change from any place in any state, territory, or country to any place in this state, to
work in any branch of labor through or by means of knowingly false representations, whether
spoken, written, or advertised in printed form, concerning the kind or character of such work, the
compensation therefor, the sanitary conditions relating to or surrounding it, or failure to state in
any advertisement, proposal, or contract for the employment that there is a strike or lockout at
the place of the proposed employment, when in fact such strike or lockout then actually exists in
such employment at such place. Any such unlawful acts shall be deemed a false advertisement or
misrepresentation for the purposes of this section and section 181.65.
History: (10392) 1913 c 544 s 1; 1923 c 272 s 1
181.645 EXPENSES FOR BACKGROUND CHECKS, TESTING, AND ORIENTATION.
Except as provided by section 123B.03 or as otherwise specifically provided by law, an
employer, as defined in section 181.931, or a prospective employer may not require an employee
or prospective employee to pay for expenses incurred in criminal or background checks, credit
checks, or orientation. An employer or prospective employer may not require an employee or
prospective employee to pay for the expenses of training or testing that is required by federal
or state law or is required by the employer for the employee to maintain the employee's current
position, unless the training or testing is required to obtain or maintain a license, registration, or
certification for the employee or prospective employee.
History: 2002 c 380 art 3 s 1
181.65 PENALTIES.
Any person, firm, association, or corporation violating any provision of section 181.64 and
this section shall be guilty of a misdemeanor. Any person who shall be influenced, induced, or
persuaded to enter or change employment or change a place of employment through or by means
of any of the things prohibited in section 181.64, shall have a right of action for the recovery of all
damages sustained in consequence of the false or deceptive representations, false advertising, or
false pretenses used to induce the person to enter into or change a place of employment, against
any person, firm, association, or corporation directly or indirectly causing such damage; and, in
addition to all such actual damages such person may have sustained, shall have the right to recover
such reasonable attorney fees as the court shall fix, to be taxed as costs in any judgment recovered.
History: (10393) 1913 c 544 s 2; 1923 c 272 s 2; 1986 c 444

EQUAL PAY FOR EQUAL WORK LAW

181.66 EQUAL PAY FOR EQUAL WORK LAW; DEFINITIONS.
    Subdivision 1. Scope. For the purpose of sections 181.66 to 181.71 the terms defined in
this section have the meanings given them.
    Subd. 2. Employer. "Employer" means any person employing one or more employees, but
does not include the state or any municipal corporation or political subdivision of the state having
in force a civil service system based on merit, or the federal government.
    Subd. 3. Employee. "Employee" means an individual who, otherwise than as copartner of
the employer or as an independent contractor, renders personal service wholly or partly in this
state to an employer who pays or agrees to pay such individual at a fixed rate. However, where
services are rendered only partly in this state, an individual is not an employee unless a contract of
employment has been entered into, or payments thereunder are ordinarily made or to be made
within this state.
    Subd. 4. Wages. "Wages" means all compensation for performance of services by an
employee for an employer whether paid by the employer or another person including cash value
of all compensation paid in any medium other than cash.
    Subd. 5. Rate. "Rate" with reference to wages means the basis of compensation for services
by an employee for an employer and includes compensation based on the time spent in the
performance of such services, or on the number of operations accomplished, or on the quantity
produced or handled.
    Subd. 6. Unpaid wages. "Unpaid wages" means the difference between the wages actually
paid to an employee and the wages required under section 181.67 to be paid to such employee.
History: 1969 c 143 s 1; 1986 c 444
181.67 WAGE DISCRIMINATION BASED ON SEX; PROTECTION OF EMPLOYEES
INVOLVED IN PROCEEDING.
    Subdivision 1. General prohibition. No employer shall discriminate between employees on
the basis of sex by paying wages to employees at a rate less than the rate the employer pays to
employees of the opposite sex for equal work on jobs the performance of which requires equal
skill, effort, and responsibility, and which are performed under similar working conditions, except
where such payment is made pursuant to a seniority system, a merit system, a system which
measures earnings by quantity or quality of production, or a differential based on any other factor
other than sex. Provided, that an employer who is paying a wage rate differential in violation of
sections 181.66 to 181.71 shall not, in order to comply with the provisions of sections 181.66 to
181.71, reduce the wage rate of any employee.
    Subd. 2. Employees involved in proceeding. No employer shall discriminate against any
employee in regard to hire or tenure of employment or any term or condition of employment
because the employee has filed a complaint in a proceeding under sections 181.66 to 181.71, or
has testified, or is about to testify, in any investigation or proceedings pursuant to sections 181.66
to 181.71 or in a criminal action pursuant to sections 181.66 to 181.71.
History: 1969 c 143 s 2; 1986 c 444
181.68 ACTIONS; LIMITATIONS, DAMAGES, ATTORNEY FEES, PARTIES,
COMPROMISES.
    Subdivision 1. Right of action. Any employee whose compensation is at a rate that is in
violation of section 181.67 has a right of action against an employer for the recovery of the
amount of the unpaid wages to which the employee is entitled for the one year period preceding
the commencement of the action, and an amount up to the amount of these unpaid wages may
be levied at the discretion of the court as exemplary damages.
    Subd. 2. Attorney fees. In addition to any judgment awarded to the plaintiff, the court shall
allow reasonable attorney fees to be taxed as costs.
    Subd. 3. Parties to action. The action for the unpaid wages and liquidated damages may
be maintained by one or more employees on behalf of themselves or other employees similarly
situated.
    Subd. 4. Agreements for lesser compensation. An agreement for compensation at a rate
less than the rate to which an employee is entitled under sections 181.66 to 181.71 is not a
defense to any such action.
History: 1969 c 143 s 3; 1986 c 444
181.69 [Repealed, 1974 c 432 s 13]
181.70 VIOLATIONS.
A violation of sections 181.66 to 181.71 is a misdemeanor.
History: 1969 c 143 s 5
181.71 CITATION.
Sections 181.66 to 181.71 may be cited as the Equal Pay for Equal Work Law.
History: 1969 c 143 s 6
181.72 [Repealed, 1974 c 432 s 13]

CONSTRUCTION BIDS

181.721 CONSTRUCTION BID EQUITY.
    Subdivision 1. Workers' compensation and unemployment contribution costs.
A successful bidder on a project must provide coverage for workers' compensation and
unemployment benefits for its employees required under chapters 176 and 268, respectively, and
other state and federal laws.
    Subd. 2. Employee status. Employee status shall be determined using the same tests and in
the same manner as employee status is determined under the applicable workers' compensation
and unemployment insurance program laws and rules.
    Subd. 3. Scope. This section applies to any nonresidential project for the construction, repair,
remodeling, alteration, conversion, modernization, improvement, rehabilitation, replacement, or
renovation of a building or structure.
    Subd. 4. Civil remedy. A person injured by a violation of subdivision 1 may bring an action
for damages against the violator. There is a rebuttable presumption that a losing bidder on a
project on which a violation of subdivision 1 has occurred has suffered damages in an amount
equal to the profit it projected to make on its bid. The court may award attorney fees, costs, and
disbursements to a party recovering under this subdivision.
    Subd. 5. Penalty. In addition to any other penalties provided by law for the failure to
obtain required workers' compensation coverage or the failure to make unemployment benefits
contributions, a person violating subdivision 1 is guilty of a misdemeanor.
History: 1991 c 260 s 1; 1994 c 488 s 8; 1997 c 66 s 80; 1999 c 107 s 66; 2000 c 343 s 4

MISREPRESENTATION OF EMPLOYMENT RELATIONSHIP

181.722 MISREPRESENTATION OF EMPLOYMENT RELATIONSHIP PROHIBITED.
    Subdivision 1. Prohibition. No employer shall misrepresent the nature of its employment
relationship with its employees to any federal, state, or local government unit; to other employers;
or to its employees. An employer misrepresents the nature of its employment relationship with its
employees if it makes any statement regarding the nature of the relationship that the employer
knows or has reason to know is untrue and if it fails to report individuals as employees when
legally required to do so.
    Subd. 2. Agreements to misclassify prohibited. No employer shall require or request any
employee to enter into any agreement, or sign any document, that results in misclassification
of the employee as an independent contractor or otherwise does not accurately reflect the
employment relationship with the employer.
    Subd. 3. Determination of employment relationship. For purposes of this section, the
nature of an employment relationship is determined using the same tests and in the same manner
as employee status is determined under the applicable workers' compensation and unemployment
insurance program laws and rules.
    Subd. 4. Civil remedy. A construction worker, as defined in section 179.254, who is not
an independent contractor and has been injured by a violation of this section, may bring a civil
action for damages against the violator. If the construction worker injured is an employee of the
violator of this section, the employee's representative, as defined in section 179.01, subdivision 5,
may bring a civil action for damages against the violator on behalf of the employee. The court
may award attorney fees, costs, and disbursements to a construction worker recovering under
this section.
    Subd. 5. Reporting of violations. Any court finding that a violation of this section has
occurred shall transmit a copy of its findings of fact and conclusions of law to the commissioner
of labor and industry. The commissioner of labor and industry shall report the finding to relevant
state and federal agencies, including the commissioner of commerce, the commissioner of
employment and economic development, the commissioner of revenue, the federal Internal
Revenue Service, and the United States Department of Labor.
History: 1Sp2005 c 1 art 4 s 41
181.723 INDEPENDENT CONTRACTORS.
    Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
    (a) "Person" means any individual, limited liability corporation, corporation, partnership,
incorporated or unincorporated association, sole proprietorship, joint stock company, or any other
legal or commercial entity.
    (b) "Department" means the Department of Labor and Industry.
    (c) "Commissioner" means the commissioner of labor and industry or a duly designated
representative of the commissioner who is either an employee of the Department of Labor and
Industry or person working under contract with the Department of Labor and Industry.
    (d) "Individual" means a human being.
    (e) "Day" means calendar day unless otherwise provided.
    (f) "Knowingly" means knew or could have known with the exercise of reasonable diligence.
    (g) "Document" or "documents" includes papers; books; records; memoranda; data;
contracts; drawings; graphs; charts; photographs; digital, video, and audio recordings; records;
accounts; files; statements; letters; e-mails; invoices; bills; notes; and calendars maintained in
any form or manner.
    Subd. 2. Limited application. This section only applies to individuals performing public
or private sector commercial or residential building construction or improvement services, as
defined in section 326.83.
    Subd. 3. Employee-employer relationship. Except as provided in subdivision 4, for
purposes of chapters 176, 177, 181A, 182, and 268, as of January 1, 2009, an individual who
performs services for a person that are in the course of the person's trade, business, profession, or
occupation is an employee of that person and that person is an employer of the individual.
    Subd. 4. Independent contractor. An individual is an independent contractor and not an
employee of the person for whom the individual is performing services in the course of the
person's trade, business, profession, or occupation only if (1) the individual holds a current
independent contractor exemption certificate issued by the commissioner; and (2) the individual
is performing services for the person under the independent contractor exemption certificate as
provided in subdivision 6. The requirements in clauses (1) and (2) must be met in order to qualify
as an independent contractor and not as an employee of the person for whom the individual is
performing services in the course of the person's trade, business, profession, or occupation.
    Subd. 5. Application. To obtain an independent contractor exemption certificate, the
individual must submit, in the manner prescribed by the commissioner, a complete application
and the certificate fee required under subdivision 14.
    (a) A complete application must include all of the following information:
    (1) the individual's full name;
    (2) the individual's residence address and telephone number;
    (3) the individual's business name, address, and telephone number;
    (4) the services for which the individual is seeking an independent contractor exemption
certificate;
    (5) the individual's Social Security number;
    (6) the individual's or the individual's business federal employer identification number, if a
number has been issued to the individual or the individual's business;
    (7) any information or documentation that the commissioner requires by rule that will assist
the department in determining whether to grant or deny the individual's application; and
    (8) the individual's sworn statement that the individual meets all of the following conditions:
    (i) maintains a separate business with the individual's own office, equipment, materials,
and other facilities;
    (ii) holds or has applied for a federal employer identification number or has filed business
or self-employment income tax returns with the federal Internal Revenue Service if the person
has performed services in the previous year for which the individual is seeking the independent
contractor exemption certificate;
    (iii) operates under contracts to perform specific services for specific amounts of money and
under which the individual controls the means of performing the services;
    (iv) incurs the main expenses related to the service that the individual performs under
contract;
    (v) is responsible for the satisfactory completion of services that the individual contracts
to perform and is liable for a failure to complete the service;
    (vi) receives compensation for service performed under a contract on a commission or
per-job or competitive bid basis and not on any other basis;
    (vii) may realize a profit or suffer a loss under contracts to perform service;
    (viii) has continuing or recurring business liabilities or obligations; and
    (ix) the success or failure of the individual's business depends on the relationship of business
receipts to expenditures.
    (b) Individuals who are applying for or renewing a residential building contractor or
residential remodeler license under sections 326.83 to 326.992 and any rules promulgated
pursuant thereto may simultaneously apply for or renew an independent contractor exemption
certificate. The commissioner shall create an application form that allows for the simultaneous
application for both a residential building contractor or residential remodeler license and an
independent contractor exemption certificate. If individuals simultaneously apply for or renew
a residential building contractor or residential remodeler license and an independent contractor
exemption certificate using the form created by the commissioner, individuals shall only
be required to provide, in addition to the information required by section 326.89 and rules
promulgated pursuant thereto, the sworn statement required by paragraph (a), clause (8), and any
additional information required by this subdivision that is not also required by section 326.89 and
any rules promulgated thereto. When individuals submit a simultaneous application on the form
created by the commissioner for both a residential building contractor or residential remodeler
license and an independent contractor exemption certificate, the application fee shall be $150. An
independent contractor exemption certificate that is in effect before March 1, 2009, shall remain
in effect until March 1, 2011, unless revoked by the commissioner or canceled by the individual.
    (c) Within 30 days of receiving a complete application and the certificate fee, the
commissioner must either grant or deny the application. The commissioner may deny an
application for an independent contractor exemption certificate if the individual has not submitted
a complete application and certificate fee or if the individual does not meet all of the conditions
for holding the independent contractor exemption certificate. The commissioner may revoke an
independent contractor exemption certificate if the commissioner determines that the individual
no longer meets all of the conditions for holding the independent contractor exemption certificate,
commits any of the actions set out in subdivision 7, or fails to cooperate with a department
investigation into the continued validity of the individual's certificate. Once issued, an independent
contractor exemption certificate remains in effect for two years unless:
    (1) revoked by the commissioner; or
    (2) canceled by the individual.
    (d) If the department denies an individual's original or renewal application for an independent
contractor exemption certificate or revokes an independent contractor exemption certificate, the
commissioner shall issue to the individual an order denying or revoking the certificate. The
commissioner may issue an administrative penalty order to an individual or person who commits
any of the actions set out in subdivision 7.
    (e) An individual or person to whom the commissioner issues an order under paragraph (d)
shall have 30 days after service of the order to request a hearing. The request for hearing must
be in writing and must be served on or faxed to the commissioner at the address or facsimile
number specified in the order by the 30th day after service of the order. If the individual does
not request a hearing or if the individual's request for a hearing is not served on or faxed to the
commissioner by the 30th day after service of the order, the order shall become a final order of
the commissioner and will not be subject to review by any court or agency. The date on which
a request for hearing is served by mail shall be the postmark date on the envelope in which the
request for hearing is mailed. If the individual serves or faxes a timely request for hearing, the
hearing shall be a contested case hearing and shall be held in accordance with chapter 14.
    Subd. 6. Performing services under exemption certificate. An individual is performing
services for a person under an independent contractor exemption certificate if:
    (a) the individual is performing services listed on the individual's independent contractor
exemption certificate; and
    (b) at the time the individual is performing services listed on the individual's independent
contractor exemption certificate, the individual meets all of the following conditions:
    (1) maintains a separate business with the individual's own office, equipment, materials,
and other facilities;
    (2) holds or has applied for a federal employer identification number or has filed business or
self-employment income tax returns with the federal Internal Revenue Service if the individual
performed services in the previous year for which the individual has the independent contractor
exemption certificate;
    (3) is operating under contract to perform the specific services for the person for specific
amounts of money and under which the individual controls the means of performing the services;
    (4) is incurring the main expenses related to the services that the individual is performing
for the person under the contract;
    (5) is responsible for the satisfactory completion of the services that the individual has
contracted to perform for the person and is liable for a failure to complete the services;
    (6) receives compensation from the person for the services performed under the contract on a
commission or per-job or competitive bid basis and not on any other basis;
    (7) may realize a profit or suffers a loss under the contract to perform services for the person;
    (8) has continuing or recurring business liabilities or obligations; and
    (9) the success or failure of the individual's business depends on the relationship of business
receipts to expenditures.
    Subd. 7. Prohibited activities. (a) An individual shall not:
    (1) perform work as an independent contractor who meets the qualifications under
subdivision 6 without first obtaining from the department an independent contractor exemption
certificate;
    (2) perform work as an independent contractor when the department has denied or revoked
the individual's independent contractor exemption certificate;
    (3) transfer to another individual or allow another individual to use the individual's
independent contractor exemption certificate;
    (4) alter or falsify an independent contractor exemption certificate;
    (5) misrepresent the individual's status as an independent contractor; or
    (6) make a false material statement, representation, or certification; omit material
information; or alter, conceal, or fail to file a document required by this section or any rule
promulgated by the commissioner under rulemaking authority set out in this section.
    (b) A person shall not:
    (1) require an individual through coercion, misrepresentation, or fraudulent means to adopt
independent contractor status;
    (2) knowingly misrepresent that an individual who has not been issued an independent
contractor exemption certificate or is not performing services for the person under an independent
contractor exemption certificate is an independent contractor; or
    (3) make a false material statement, representation, or certification; omit material
information; or alter, conceal, or fail to file a document required by this section or any rule
promulgated by the commissioner under rulemaking authority set out in this section.
    (c) A person for whom an individual is performing services must obtain a copy of the
individual's independent contractor exemption certificate before services may commence. A copy
of the independent contractor exemption certificate must be retained for five years from the date
of receipt by the person for whom an individual is performing services.
    Subd. 8. Remedies. An individual or person who violates any provision of subdivision 7
is subject to a penalty to be assessed by the department of up to $5,000 for each violation. The
department shall deposit penalties in the assigned risk safety account.
    Subd. 9. Commissioner's powers. (a) In order to carry out the purposes of this section, the
commissioner may:
    (1) administer oaths and affirmations, certify official acts, interview, question, take oral
or written statements, and take depositions;
    (2) request, examine, take possession of, photograph, record, and copy any documents,
equipment, or materials;
    (3) at a time and place indicated by the commissioner, request persons to appear before the
commissioner to give testimony and produce documents, equipment, or materials;
    (4) issue subpoenas to compel persons to appear before the commissioner to give testimony
and produce documents, equipment, or materials; and
    (5) subject to paragraph (c), with or without notice, enter without delay upon any property,
public or private, for the purpose of taking any action authorized under this subdivision or the
applicable law, including obtaining information or conducting inspections or investigations.
    (b) Persons requested by the commissioner to give testimony or produce documents,
equipment, or materials shall respond within the time and in the manner specified by the
commissioner. If no time to respond is specified in the request, then a response shall be submitted
within 30 days of the commissioner's service of the request.
    (c) Upon the refusal or anticipated refusal of a property owner, lessee, property owner's
representative, or lessee's representative to permit the commissioner's entry onto property as
provided in paragraph (a), the commissioner may apply for an administrative inspection order in
the Ramsey County District Court or, at the commissioner's discretion, in the district court in the
county in which the property is located. The commissioner may anticipate that a property owner
or lessee will refuse entry if the property owner, lessee, property owner's representative, or lessee's
representative has refused to permit entry on a prior occasion or has informed the commissioner
that entry will be refused. Upon showing of administrative probable cause by the commissioner,
the district court shall issue an administrative inspection order that compels the property owner or
lessee to permit the commissioner to enter the property for the purposes specified in paragraph (a).
    (d) Upon the application of the commissioner, a district court shall treat the failure of
any person to obey a subpoena lawfully issued by the commissioner under this subdivision as
a contempt of court.
    Subd. 10. Notice requirements. Unless otherwise specified, service of a document on a
person under this section may be by mail, by personal service, or in accordance with any consent
to service filed with the commissioner. Service by mail shall be accomplished in the manner
provided in Minnesota Rules, part 1400.5550, subpart 2. Personal service shall be accomplished
in the manner provided in Minnesota Rules, part 1400.5550, subpart 3.
    Subd. 11. Facsimile; timely service. When this section permits a request for hearing to be
served by facsimile on the commissioner, the facsimile shall not exceed 15 pages in length. The
request shall be considered timely served if the facsimile is received by the commissioner, at the
facsimile number identified by the commissioner in the order, no later than 4:30 p.m. central time
on the last day permitted for faxing the request. Where the quality or authenticity of the faxed
request is at issue, the commissioner may require the original request to be filed. Where the
commissioner has not identified quality or authenticity of the faxed request as an issue and the
request has been faxed in accordance with this subdivision, the person faxing the request does not
need to file the original request with the commissioner.
    Subd. 12. Time period computation. In computing any period of time prescribed or allowed
by this section, the day of the act, event, or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included,
unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the next day
which is not a Saturday, Sunday, or legal holiday.
    Subd. 13. Rulemaking. The commissioner may, in consultation with the commissioner
of revenue and the commissioner of employment and economic development, adopt, amend,
suspend, and repeal rules under the rulemaking provisions of chapter 14 that relate to the
commissioner's responsibilities under this section. This subdivision is effective May 26, 2007.
    Subd. 14. Fee. The certificate fee for the original application and for the renewal of an
independent contractor exemption certificate shall be $150.
    Subd. 15. Notice to commissioner; review by commissioner of revenue. When the
commissioner has reason to believe that an individual who holds a certificate has failed to
maintain all the conditions required by subdivision 6 or is not performing services for a person
under the independent contractor exemption certificate, the commissioner must notify the
commissioner of revenue and the commissioner of employment and economic development.
Upon receipt of notification from the commissioner that an individual who holds a certificate has
failed to maintain all the conditions required by subdivision 6 or is not performing services for a
person under the independent contractor exemption certificate, the commissioner of revenue must
review the information returns required under section 6041A of the Internal Revenue Code. The
commissioner of revenue shall also review the submitted certification that is applicable to returns
audited or investigated under section 289A.35.
    Subd. 16. Data classified. Data in applications for an independent contractor exemption
certificate and any required documentation submitted to the commissioner are private data on
individuals as defined in section 13.02. Data in exemption certificates issued by the commissioner
are public data. Data that document a revocation or cancellation of an exemption certificate
are public data. Upon request of the Department of Revenue or Department of Employment
and Economic Development, the commissioner may release to the requesting department data
classified as private under this subdivision or investigative data that are not public under section
13.39 that relate to the issuance or denial of applications or revocations of certificates.
History: 2007 c 135 art 3 s 15
NOTE:This section, as added by Laws 2007, chapter 135, article 3, section 15, is effective
July 1, 2008. Laws 2007, chapter 135, article 3, section 15, the effective date.

BENEFIT ISSUES

181.73 MIGRANT LABOR; HEALTH INSURANCE.
    Subdivision 1. Health insurance requirement. Any person, association, organization, or
other group employing five or more persons, full time, part time or otherwise, who come within
the definition of recruited migrant laborers as hereafter defined and who are employed or are
recruited to be employed in the processing of agricultural produce other than as field labor, shall
provide at its expense health care insurance during the period of employment or for illness or
injury incurred while employed. Such health care insurance shall be in accordance with such rules
as the commissioner of labor and industry may prescribe by rule for each such recruited migrant
laborer who is not a resident of Minnesota and who does not have health care insurance meeting
the requirements of the rules promulgated by the commissioner of labor and industry.
    Subd. 2. Exception. No such insurance need be purchased for any employee performing
exclusively agricultural labor as defined by section 3121(g) of the Internal Revenue Code of 1954.
    Subd. 3. Recruited migrant laborer defined. For the purposes of this section, a recruited
migrant laborer is a migrant laborer who is offered some type of housing or transportation expense
by an employer as an inducement to employment or anticipated employment.
History: 1971 c 752 s 1; 1973 c 254 s 3; 1977 c 430 s 25 subd 1; 1985 c 248 s 70; 1Sp1985
c 14 art 9 s 75; 1986 c 444; 1994 c 483 s 1; 2004 c 206 s 30
181.74 FAILURE OF EMPLOYER TO PAY BENEFITS OR WAGE SUPPLEMENTS,
PENALTY.
    Subdivision 1. Gross misdemeanor. Any employer required under the provisions of an
agreement to which the employer is a party to pay or provide benefits or wage supplements to
employees or to a third party or fund for the benefit of employees, and who refuses to pay the
amount or amounts necessary to provide such benefits or furnish such supplements within 30
days after such payments are required to be made under law or under agreement, is guilty of a
gross misdemeanor. If such employer is a corporation, any officer who intentionally violates the
provisions of this section shall be guilty of a gross misdemeanor. The institution of bankruptcy
proceedings according to law shall be a defense to any criminal action under this section.
    Subd. 2. Benefits or wage supplements defined. As used in this section, the term "benefits
or wage supplements" includes, but is not limited to, reimbursement for expenses; health, welfare,
and retirement benefits; and vacation, separation or holiday pay.
History: 1973 c 602 s 1; 1986 c 444; 2005 c 127 s 2

POLYGRAPH TESTS

181.75 POLYGRAPH TESTS OF EMPLOYEES OR PROSPECTIVE EMPLOYEES
PROHIBITED.
    Subdivision 1. Prohibition, penalty. No employer or agent thereof shall directly or indirectly
solicit or require a polygraph, voice stress analysis, or any test purporting to test the honesty of
any employee or prospective employee. No person shall sell to or interpret for an employer or the
employer's agent a test that the person knows has been solicited or required by an employer or
agent to test the honesty of an employee or prospective employee. An employer or agent or any
person knowingly selling, administering, or interpreting tests in violation of this section is guilty
of a misdemeanor. If an employee requests a polygraph test any employer or agent administering
the test shall inform the employee that taking the test is voluntary.
    Subd. 2. Investigations. The Department of Labor and Industry shall investigate suspected
violations of this section. The department may refer any evidence available concerning violations
of this section to the county attorney of the appropriate county, who may with or without such
reference, institute the appropriate criminal proceedings under this section.
    Subd. 3. Injunctive relief. In addition to the penalties provided by law for violation of this
section, specifically and generally, whether or not injunctive relief is otherwise provided by law,
the courts of this state are vested with jurisdiction to prevent and restrain violations of this section
and to require the payment of civil penalties. Whenever it shall appear to the satisfaction of the
attorney general that this section has been or is being violated, the attorney general shall be
entitled, on behalf of the state, to sue for and have injunctive relief in any court of competent
jurisdiction against any such violation or threatened violation without abridging other penalties
provided by law.
    Subd. 4. Individual remedies. In addition to the remedies otherwise provided by law, any
person injured by a violation of this section may bring a civil action to recover any and all damages
recoverable at law, together with costs and disbursements, including costs of investigation and
reasonable attorney's fees, and receive other equitable relief as determined by the court. The court
may, as appropriate, enter a consent judgment or decree without a finding of illegality.
History: 1973 c 667 s 1; 1976 c 256 s 1; 1986 c 444
181.76 DISCLOSURE OF LIE DETECTOR TESTS PROHIBITED.
No person shall disclose that another person has taken a polygraph or any test purporting
to test honesty or the results of that test except to the individual tested. If such a test is given
after August 1, 1973 and at the employee's request, the results may be given only to persons
authorized by the employee to receive the results. A person who violates this section is guilty of
a misdemeanor.
History: 1973 c 667 s 2
181.77 [Repealed, 1976 c 256 s 2]

INVENTIONS

181.78 AGREEMENTS; TERMS RELATING TO INVENTIONS.
    Subdivision 1. Inventions not related to employment. Any provision in an employment
agreement which provides that an employee shall assign or offer to assign any of the employee's
rights in an invention to the employer shall not apply to an invention for which no equipment,
supplies, facility or trade secret information of the employer was used and which was developed
entirely on the employee's own time, and (1) which does not relate (a) directly to the business of
the employer or (b) to the employer's actual or demonstrably anticipated research or development,
or (2) which does not result from any work performed by the employee for the employer. Any
provision which purports to apply to such an invention is to that extent against the public policy
of this state and is to that extent void and unenforceable.
    Subd. 2. Effect of subdivision 1. No employer shall require a provision made void and
unenforceable by subdivision 1 as a condition of employment or continuing employment.
    Subd. 3. Notice to employee. If an employment agreement entered into after August 1, 1977
contains a provision requiring the employee to assign or offer to assign any of the employee's
rights in any invention to an employer, the employer must also, at the time the agreement is
made, provide a written notification to the employee that the agreement does not apply to an
invention for which no equipment, supplies, facility or trade secret information of the employer
was used and which was developed entirely on the employee's own time, and (1) which does not
relate (a) directly to the business of the employer or (b) to the employer's actual or demonstrably
anticipated research or development, or (2) which does not result from any work performed
by the employee for the employer.
History: 1977 c 47 s 1; 1986 c 444

WAGE DEDUCTIONS

181.79 WAGES DEDUCTIONS FOR FAULTY WORKMANSHIP, LOSS, THEFT, OR
DAMAGE.
    Subdivision 1. Deduction requirements. No employer shall make any deduction, directly or
indirectly, from the wages due or earned by any employee, who is not an independent contractor,
for lost or stolen property, damage to property, or to recover any other claimed indebtedness
running from employee to employer, unless the employee, after the loss has occurred or the
claimed indebtedness has arisen, voluntarily authorizes the employer in writing to make the
deduction or unless the employee is held liable in a court of competent jurisdiction for the loss
or indebtedness. Such authorization shall not be admissible as evidence in any civil or criminal
proceeding. Any authorization for a deduction shall set forth the amount to be deducted from
the employee's wages during each pay period.
A deduction may not be in excess of the amount established by law as subject to garnishment
or execution on wages.
Any agreement entered into between an employer and an employee contrary to this section
shall be void. This section shall not apply to the following:
(a) in cases where a contrary provision in a collective bargaining agreement exists;
(b) any rules established by an employer for employees who are commissioned salespeople,
where the rules are used for purposes of discipline, by fine or otherwise, in cases where errors or
omissions in performing their duties exist; or
(c) in cases where an employee, prior to making a purchase or loan from the employer,
voluntarily authorizes in writing that the cost of the purchase or loan shall be deducted from the
employee's wages, at regular intervals or upon termination of employment.
    Subd. 2. Violations by employer. An employer who violates the provisions of this section
shall be liable in a civil action brought by the employee for twice the amount of the deduction
or credit taken.
History: 1977 c 227 s 1; 1978 c 588 s 1; 1Sp1985 c 13 s 293; 1986 c 444

UNION NOTICE

181.80 UNION NOTICE OF INJURY OR DEATH.
If a work-related death or work-related injury which requires a report to the commissioner of
labor and industry in accordance with section 176.231, subdivision 1, occurs, a copy of the report
shall be mailed by the employer to the employee's local union at the local union office within
48 hours after the employer receives notice of the occurrence.
History: 1977 c 230 s 1

MANDATORY RETIREMENT

181.81 DISMISSAL FOR AGE; PROHIBITION; EXCEPTIONS; REMEDIES.
    Subdivision 1. Restriction on mandatory retirement age. (a) It is unlawful for any private
sector employer to refuse to hire or employ, or to discharge, dismiss, reduce in grade or position, or
demote any individual on the grounds that the individual has reached an age of less than 70, except
in cases where federal statutes or rules or other state statutes, not including special laws compel or
specifically authorize such action. Nothing in this section shall prohibit compulsory retirement of
employees who have attained 70 years of age or more; provided further that nothing in this section
shall prohibit compulsory retirement of an employee who has attained at least 65 years of age
and who for the two-year period immediately before retirement is employed in an executive or a
high policy-making position if that employee is entitled to an immediate nonforfeitable annual
retirement benefit from a pension, profit sharing, savings or deferred compensation plan of an
employer, or any combination of these benefits which totals in the aggregate at least $27,000.
If the retirement benefit is in a form other than a straight life annuity, the equivalent annualized
payment value of the benefit shall be actuarially determined according to rules promulgated by
the commissioner of labor and industry. Pilots and flight crew members shall not be subject to
the provisions of this section or section 363A.20, subdivision 9, but shall be retired from this
employment pursuant to standards contained in regulations promulgated by the Federal Aviation
Administration for airline pilots and flight officers and are subject to the bona fide occupational
requirements for these employees as promulgated by the Federal Aviation Administration.
(b) Every employer shall post in a conspicuous place a notice written or approved by
the commissioner of labor and industry stating that the mandatory retirement age is age 70.
Employment shall continue for as long as the employee desires or until the employer demonstrates
that the employee no longer can meet the bona fide requirements, consistently applied, for the
job or position or until the employee reaches the compulsory retirement age established by the
employer. When an employer intends to terminate an employee who is 65 years of age or older
earlier than age 70 on the ground that the employee no longer can meet the bona fide requirements
for the job or position the employer shall give the employee 30 days' notice of that intention.
(c) If there exists a date on which the accrual of pension benefits or credits, or the
contributions therefor by the employee or the employer, or the employee's employment related
health and welfare benefits or insurance coverages are diminished or eliminated by virtue of the
employee attaining a certain age, the employer shall notify the employee of the changes at least 90
but not more than 120 days prior to the effective date of the change. This section, in and of itself,
shall not be construed to require any change in the employer contribution levels of any pension or
retirement plan, or to require any employer to increase an employer's or employee's payments for
the provision of insurance benefits contained in any employee benefit or insurance plan.
(d) The definitions of "employer" and "employee" in section 363A.03 apply to this section.
    Subd. 2. Advice; actions. (a) The commissioner of labor and industry shall advise any
inquiring parties, employee or employer, of their rights and duties under this section and to
the extent practicable their rights and duties under any applicable provisions of law governing
retirement or other benefits. Further, the commissioner may attempt to conciliate any disputes
between employees and employers over the application of or alleged violations of this section.
(b) Any party aggrieved by a violation of this section may bring suit for redress in the district
court wherein the violation occurred or in the district court wherein the employer is located. If a
violation is found the court in granting relief may enjoin further violations and may include in its
award reinstatement or compensation for any period of unemployment resulting from the violation
together with actual and reasonable attorney fees, and other costs incurred by the plaintiff.
(c) When an action is commenced alleging a violation of this section the plaintiff may in
the same action allege a violation of chapter 363A, and seek relief under that chapter if all the
procedural requirements of chapter 363A have been met. Alternatively, when a charge is filed
or an action commenced alleging a violation of chapter 363A, the plaintiff may in the same
action allege a violation of this section and seek relief under this section. In either case, when
determining whether or not a violation of chapter 363A, has occurred the court shall incorporate
the substantive requirements of this section into any duties and rights specified by chapter 363A.
History: 1978 c 649 s 2; 1979 c 40 s 3; 1986 c 444; 1987 c 282 s 1; 1987 c 284 art 2 s
3; 2003 c 46 s 1
181.811 [Repealed, 2003 c 46 s 2]
181.812 RULES.
The commissioner may promulgate rules which are deemed necessary to carry out the
provisions of section 181.81.
History: 1979 c 40 s 5

BENEFITS

181.82 BENEFITS BASED ON JOB PERFORMANCE PROHIBITED.
No employer may terminate or threaten to terminate:
(a) group accident and health insurance coverage;
(b) group life insurance coverage; or
(c) pension benefits
for an employee, including a commissioned agent, based on the employee's job performance
unless the employer has first given the employee the opportunity to continue coverage by making
the same contribution the employer would have to make to continue coverage for the employee.
History: 1978 c 697 s 1

CORN DETASSELERS

181.83 CORN DETASSELERS; TERMINATION OF EMPLOYMENT.
Upon termination by the employer of employment to perform corn detasseling, or injury to,
or illness of the employee, the employer shall provide transportation to the terminated, injured
or ill individual from the place of work to the location at which the employee was picked up on
the day of termination, injury or illness. The employer shall pay a terminated, injured or ill
individual at the individual's usual rate of pay during the time period between when the individual
was terminated, injured or became ill, and when the employer returned the individual to the
location at which the employee was picked up.
History: 1978 c 731 s 2; 1986 c 444
181.84 CORN DETASSELERS; WORK CONDITIONS.
Notwithstanding any state or federal statute or regulation authorizing sanitary conditions less
favorable to the employee than the following requirement, every employer of corn detasselers
shall provide a potable water supply in the field and which is easily accessible to all employees
with materials or equipment so that the water may be easily drunk in a sanitary manner.
History: 1978 c 731 s 3

MIGRANT LABOR

181.85 MIGRANT LABOR; DEFINITIONS.
    Subdivision 1. Generally. For the purposes of sections 181.85 to 181.90, the terms defined
in this section have the meanings given them.
    Subd. 2. Agricultural labor. "Agricultural labor" means field labor associated with the
cultivation and harvest of fruits and vegetables and work performed in processing fruits and
vegetables for market.
    Subd. 3. Migrant worker. "Migrant worker" means an individual at least 17 years of
age who travels more than 100 miles to Minnesota from some other state to perform seasonal
agricultural labor in Minnesota.
    Subd. 4. Employer. "Employer" means a processor of fruits or vegetables that employs,
either directly or indirectly through a recruiter, more than 30 migrant workers per day for more
than seven days in any calendar year.
    Subd. 5. Recruit. "Recruit" means to induce an individual, directly or indirectly through an
agent or recruiter, to travel to Minnesota to perform agricultural labor by an offer of employment
or of the possibility of employment.
    Subd. 6. Recruiter. "Recruiter" means an individual or person other than an employer that
for a fee, either for itself or for another individual or person, solicits, hires, or furnishes migrant
workers, excluding members of an individual recruiter's immediate family, for agricultural labor
to be performed for an employer in this state. "Recruiter" does not include a public agency
providing employment services.
History: 1981 c 212 s 1
181.86 EMPLOYMENT STATEMENT.
    Subdivision 1. Terms. An employer that recruits a migrant worker shall provide the migrant
worker, at the time the worker is recruited, with a written employment statement which shall state
clearly and plainly, in English and Spanish:
(1) the date on which and the place at which the statement was completed and provided to
the migrant worker;
(2) the name and permanent address of the migrant worker, of the employer, and of the
recruiter who recruited the migrant worker;
(3) the date on which the migrant worker is to arrive at the place of employment, the date
on which employment is to begin, the approximate hours of employment, and the minimum
period of employment;
(4) the crops and the operations on which the migrant worker will be employed;
(5) the wage rates to be paid;
(6) the payment terms, as provided in section 181.87;
(7) any deduction to be made from wages; and
(8) whether housing will be provided.
    Subd. 2. Contract. The employment statement is an enforceable contract between the
migrant worker and the employer.
History: 1981 c 212 s 2
181.87 PAYMENT TERMS.
    Subdivision 1. Entitled to payment. Each migrant worker who is recruited by an employer
is entitled to payment in accordance with this section.
    Subd. 2. Biweekly pay. The employer shall pay wages due to the migrant worker at least
every two weeks, except on termination, when the employer shall pay within three days.
    Subd. 3. Guaranteed hours. The employer shall guarantee to each recruited migrant worker
a minimum of 70 hours pay for work in any two successive weeks and, should the pay for hours
actually offered by the employer and worked by the migrant worker provide a sum of pay less
than the minimum guarantee, the employer shall pay the migrant worker the difference within
three days after the scheduled payday for the pay period involved. Payment for the guaranteed
hours shall be at the hourly wage rate, if any, specified in the employment statement, or the
federal minimum wage, whichever is higher. Any pay in addition to the hourly wage rate specified
in the employment statement shall be applied against the guarantee. This guarantee applies for
the minimum period of employment specified in the employment statement beginning with
the date on which employment is to begin as specified in the employment statement. The date
on which employment is to begin may be changed by the employer by written, telephonic, or
telegraphic notice to the migrant worker, at the worker's last known address, no later than ten days
prior to the previously stated beginning date. The migrant worker shall contact the recruiter to
obtain the latest information regarding the date upon which employment is to begin no later than
five days prior to the previously stated beginning date. This guarantee shall be reduced, when
there is no work available for a period of seven or more consecutive days during any two week
period subsequent to the commencement of work, by five hours pay for each such day, when
the unavailability of work is caused by climatic conditions or an act of God, provided that the
employer pays the migrant worker, on the normal payday, the sum of $5 for each such day.
    Subd. 4. Worker fired or quits. If the migrant worker quits or is fired for cause prior to the
completion of the operation for which hired, the migrant worker is entitled to no further guarantee
under subdivision 3 from that employer. If the migrant worker quits or is fired for cause before the
completion of a two-week pay period, the worker is entitled to no guarantee for that period.
    Subd. 5. Housing vacated. The employer may require the migrant worker to vacate the
provided housing on final payment of all wages.
    Subd. 6. Refusal to work; illness. If on any day for which work is offered the migrant
worker refuses or because of illness or disability is unable to perform work which is offered,
the employer may reduce the guarantee available in the pay period by the number of hours of
work actually offered by the employer that day.
    Subd. 7. Statement itemizing deductions from wages. The employer shall provide a written
statement at the time wages are paid clearly itemizing each deduction from wages.
History: 1981 c 212 s 3; 1986 c 444
181.88 RECORD KEEPING.
Every employer subject to the provisions of sections 181.85 to 181.90 shall maintain
complete and accurate records of the names of, the daily hours worked by, the rate of pay for and
the wages paid each pay period to every individual migrant worker recruited by that employer,
and shall preserve the records for a period of at least three years.
History: 1981 c 212 s 4
181.89 CIVIL ACTIONS.
    Subdivision 1. May bring action. Any migrant worker claiming to be aggrieved by a
violation of sections 181.86 to 181.88 may bring a civil action for damages and injunctive relief
against the worker's employer.
    Subd. 2. Judgment; damages. If the court finds that any defendant has violated the
provisions of sections 181.86 to 181.88, the court shall enter judgment for the actual damages
incurred by the plaintiff or the appropriate penalty as provided by this subdivision, whichever
is greater. The court may also award court costs and a reasonable attorney's fee. The penalties
shall be as follows:
(1) whenever the court finds that an employer has violated the record-keeping requirements
of section 181.88, $50;
(2) whenever the court finds that an employer has recruited a migrant worker without
providing a written employment statement as provided in section 181.86, subdivision 1, $250;
(3) whenever the court finds that an employer has recruited a migrant worker after having
provided a written employment statement, but finds that the employment statement fails to comply
with the requirement of section 181.86, subdivision 1 or section 181.87, $250;
(4) whenever the court finds that an employer has failed to comply with the terms of an
employment statement which the employer has provided to a migrant worker or has failed to
comply with any payment term required by section 181.87, $500;
(5) whenever the court finds that an employer has failed to pay wages to a migrant worker
within a time period set forth in section 181.87, subdivision 2 or 3, $500; and
(6) whenever penalties are awarded, they shall be awarded severally in favor of each migrant
worker plaintiff and against each defendant found liable.
History: 1981 c 212 s 5; 1986 c 444; 2005 c 127 s 3
181.90 USE WAGNER-PEYSER SYSTEM.
An employer who uses the federal work clearance order system under the Wagner-Peyser
Act of 1933, Statutes at Large, volume 48, page 113, as amended, is deemed to recruit the
migrant workers who are thereby induced to travel to Minnesota to perform agricultural labor.
The provisions of sections 181.85 to 181.89 shall not be construed to prohibit the use of the work
clearance order system by an employer who recruits migrant workers, but use of the federal work
clearance order system by an employer shall not excuse the employer from compliance with
sections 181.85 to 181.89.
History: 1981 c 212 s 6
181.91 PRESERVATION OF EXISTING REMEDIES.
The remedies provided in sections 181.85 to 181.90 are not exclusive, but are in addition
to remedies provided in other law.
History: 1981 c 212 s 7

ADOPTIVE PARENT LEAVE

181.92 LEAVES FOR ADOPTIVE PARENTS.
An employer who permits paternity or maternity time off to a biological father or mother
shall, upon request, grant time off, with or without pay, to an adoptive father or mother. The
minimum period of this time off shall be four weeks, or, if the employer has an established policy
of time off for a biological parent which sets a period of time off of less than four weeks, that
period of time shall be the minimum period for an adoptive parent. The period of time off shall,
at the direction of the adoptive parent, begin before, or at the time of, the child's placement in
the adoptive parent's home, and shall be for the purpose of arranging the child's placement or
caring for the child after placement. An employer shall not penalize an employee for requesting or
obtaining time off according to this section.
History: 1983 c 266 s 1

BANKRUPTCY

181.93 NOTICE TO EMPLOYEES AND APPLICANTS OF BANKRUPTCY.
    Subdivision 1. Notice. An employer shall immediately notify all of its employees in writing
that it has filed a petition for bankruptcy or has had an involuntary bankruptcy petition filed
against it.
An employer shall, in writing, notify all persons offered jobs with the employer that it has
filed a petition for bankruptcy or has had an involuntary bankruptcy petition filed against it.
The notice shall be given at the time of the job offer and is required if the case initiated by the
petition has not been closed.
For purposes of this subdivision, an employer includes a "debtor in possession" and excludes
a bankruptcy "trustee" as those terms are used under federal bankruptcy law.
    Subd. 2. Violation. A violation of subdivision 1 is a misdemeanor.
History: 1987 c 38 s 1

NOTICE OF TERMINATION

181.931 DEFINITIONS.
    Subdivision 1. Generally. For the purpose of sections 181.931 to 181.935 the terms defined
in this section have the meanings given them.
    Subd. 2. Employee. "Employee" means a person who performs services for hire in
Minnesota for an employer. Employee does not include an independent contractor.
    Subd. 3. Employer. "Employer" means any person having one or more employees in
Minnesota and includes the state and any political subdivision of the state.
History: 1987 c 76 s 1
181.932 DISCLOSURE OF INFORMATION BY EMPLOYEES.
    Subdivision 1. Prohibited action. An employer shall not discharge, discipline, threaten,
otherwise discriminate against, or penalize an employee regarding the employee's compensation,
terms, conditions, location, or privileges of employment because:
    (a) the employee, or a person acting on behalf of an employee, in good faith, reports a
violation or suspected violation of any federal or state law or rule adopted pursuant to law to an
employer or to any governmental body or law enforcement official;
    (b) the employee is requested by a public body or office to participate in an investigation,
hearing, inquiry;
    (c) the employee refuses an employer's order to perform an action that the employee has an
objective basis in fact to believe violates any state or federal law or rule or regulation adopted
pursuant to law, and the employee informs the employer that the order is being refused for that
reason;
    (d) the employee, in good faith, reports a situation in which the quality of health care services
provided by a health care facility, organization, or health care provider violates a standard
established by federal or state law or a professionally recognized national clinical or ethical
standard and potentially places the public at risk of harm; or
    (e) a public employee communicates the findings of a scientific or technical study that the
employee, in good faith, believes to be truthful and accurate, including reports to a governmental
body or law enforcement official.
The disclosures protected pursuant to this section do not authorize the disclosure of data otherwise
protected by law.
    Subd. 2. Disclosure of identity. The identity of any employee making a report to a
governmental body or law enforcement official under subdivision 1, clause (a) or (d), is private
data on individuals as defined in section 13.02. The identity of an employee providing information
under subdivision 1, clause (b), is private data on individuals if:
(1) the employee would not have provided the information without an assurance that the
employee's identity would remain private, because of a concern that the employer would commit
an action prohibited under subdivision 1 or that the employee would be subject to some other
form of retaliation; or
(2) the state agency, statewide system, or political subdivision reasonably believes that the
employee would not have provided the data because of that concern.
If the disclosure is necessary for prosecution, the identity of the employee may be disclosed
but the employee shall be informed prior to the disclosure.
    Subd. 3. False disclosures. This section does not permit an employee to make statements or
disclosures knowing that they are false or that they are in reckless disregard of the truth.
    Subd. 4. Collective bargaining rights. This section does not diminish or impair the rights of
a person under any collective bargaining agreement.
    Subd. 5. Confidential information. This section does not permit disclosures that would
violate federal or state law or diminish or impair the rights of any person to the continued
protection of confidentiality of communications provided by common law.
History: 1987 c 76 s 2; 1988 c 659 s 2; 1997 c 237 s 16; 1999 c 227 s 14; 2007 c 135
art 3 s 16
181.933 NOTICE OF TERMINATION.
    Subdivision 1. Notice required. An employee who has been involuntarily terminated may,
within 15 working days following such termination, request in writing that the employer inform
the employee of the reason for the termination. Within ten working days following receipt of such
request, an employer shall inform the terminated employee in writing of the truthful reason
for the termination.
    Subd. 2. Defamation action prohibited. No communication of the statement furnished by
the employer to the employee under subdivision 1 may be made the subject of any action for libel,
slander, or defamation by the employee against the employer.
History: 1987 c 76 s 3; 2001 c 95 s 1
181.934 EMPLOYEE NOTICE.
The Department of Labor and Industry shall promulgate rules for notification of employees
by employers of an employee's rights under sections 181.931 to 181.935.
History: 1987 c 76 s 4
181.935 INDIVIDUAL REMEDIES; PENALTY.
    (a) In addition to any remedies otherwise provided by law, an employee injured by a violation
of section 181.932 may bring a civil action to recover any and all damages recoverable at law,
together with costs and disbursements, including reasonable attorney's fees, and may receive such
injunctive and other equitable relief as determined by the court.
    (b) An employer who failed to notify, as required under section 181.933 or 181.934, an
employee injured by a violation of section 181.932 is subject to a civil penalty of $25 per day
per injured employee not to exceed $750 per injured employee.
    (c) If the district court determines that a violation of section 181.932 occurred, the court may
order any appropriate relief, including but not limited to reinstatement, back-pay, restoration of
lost service credit, if appropriate, compensatory damages, and the expungement of any adverse
records of an employee who was the subject of the alleged acts of misconduct.
History: 1987 c 76 s 5; 2007 c 135 art 3 s 17
181.937 REPRISALS FOR FAILURE TO CONTRIBUTE; CIVIL ACTION.
No employer shall engage in any reprisal against an employee for declining to participate in
contributions or donations to charities or community organizations, including contributions to the
employer itself. "Employer" means any person having one or more employees in Minnesota and
includes the state, the University of Minnesota, and any political subdivisions of the state. An
employee injured by a violation of this section may bring an action for compensatory damages,
injunctive or other equitable relief, attorney's fees and costs. For purposes of this section "reprisal"
means any discipline; any form of intimidation, harassment, or threat; or any penalty regarding
the employee's compensation, terms, conditions, location, or privileges of employment.
History: 1988 c 455 s 1

NONWORK ACTIVITIES

181.938 NONWORK ACTIVITIES; PROHIBITED EMPLOYER CONDUCT.
    Subdivision 1. Definition. For the purpose of this section, "employer" has the meaning given
it in section 179.01, subdivision 3.
    Subd. 2. Prohibited practice. An employer may not refuse to hire a job applicant or
discipline or discharge an employee because the applicant or employee engages in or has engaged
in the use or enjoyment of lawful consumable products, if the use or enjoyment takes place off
the premises of the employer during nonworking hours. For purposes of this section, "lawful
consumable products" means products whose use or enjoyment is lawful and which are consumed
during use or enjoyment, and includes food, alcoholic or nonalcoholic beverages, and tobacco.
    Subd. 3. Exceptions. (a) It is not a violation of subdivision 2 for an employer to restrict the
use of lawful consumable products by employees during nonworking hours if the employer's
restriction:
(1) relates to a bona fide occupational requirement and is reasonably related to employment
activities or responsibilities of a particular employee or group of employees; or
(2) is necessary to avoid a conflict of interest or the appearance of a conflict of interest with
any responsibilities owed by the employee to the employer.
(b) It is not a violation of subdivision 2 for an employer to refuse to hire an applicant or
discipline or discharge an employee who refuses or fails to comply with the conditions established
by a chemical dependency treatment or aftercare program.
(c) It is not a violation of subdivision 2 for an employer to offer, impose, or have in effect a
health or life insurance plan that makes distinctions between employees for the type of coverage
or the cost of coverage based upon the employee's use of lawful consumable products, provided
that, to the extent that different premium rates are charged to the employees, those rates must
reflect the actual differential cost to the employer.
(d) It is not a violation of subdivision 2 for an employer to refuse to hire an applicant or
discipline or discharge an employee on the basis of the applicant's or employee's past or present
job performance.
    Subd. 4. Remedy. The sole remedy for a violation of subdivision 2 is a civil action for
damages. Damages are limited to wages and benefits lost by the individual because of the
violation. A court shall award the prevailing party in the action, whether plaintiff or defendant,
court costs and a reasonable attorney fee.
History: 1992 c 538 s 1

NURSING MOTHERS

181.939 NURSING MOTHERS.
An employer must provide reasonable unpaid break time each day to an employee who needs
to express breast milk for her infant child. The break time must, if possible, run concurrently with
any break time already provided to the employee. An employer is not required to provide break
time under this section if to do so would unduly disrupt the operations of the employer.
The employer must make reasonable efforts to provide a room or other location, in close
proximity to the work area, other than a toilet stall, where the employee can express her milk in
privacy. The employer would be held harmless if reasonable effort has been made.
For the purposes of this section, "employer" means a person or entity that employs one or
more employees and includes the state and its political subdivisions.
History: 1998 c 369 s 1

PARENTING LEAVE

181.940 DEFINITIONS.
    Subdivision 1. Scope. For the purposes of sections 181.940 to 181.944, the terms defined in
this section have the meanings given them.
    Subd. 2. Employee. "Employee" means a person who performs services for hire for an
employer from whom a leave is requested under sections 181.940 to 181.944 for:
(1) at least 12 consecutive months immediately preceding the request; and
(2) for an average number of hours per week equal to one-half the full-time equivalent
position in the employee's job classification as defined by the employer's personnel policies
or practices or pursuant to the provisions of a collective bargaining agreement, during those
12 months.
Employee includes all individuals employed at any site owned or operated by the employer
but does not include an independent contractor.
    Subd. 3. Employer. "Employer" means a person or entity that employs 21 or more employees
at at least one site, except that, for purposes of the school leave allowed under section 181.9412,
employer means a person or entity that employs one or more employees in Minnesota. The term
includes an individual, corporation, partnership, association, nonprofit organization, group of
persons, state, county, town, city, school district, or other governmental subdivision.
    Subd. 4. Child. "Child" means an individual under 18 years of age or an individual under
age 20 who is still attending secondary school.
History: 1987 c 359 s 1; 1990 c 577 s 1; 1991 c 268 s 1
181.941 PARENTING LEAVE.
    Subdivision 1. Six-week leave; birth or adoption. An employer must grant an unpaid leave
of absence to an employee who is a natural or adoptive parent in conjunction with the birth or
adoption of a child. The length of the leave shall be determined by the employee, but may not
exceed six weeks, unless agreed to by the employer.
    Subd. 2. Start of leave. The leave shall begin at a time requested by the employee. The
employer may adopt reasonable policies governing the timing of requests for unpaid leave. The
leave may begin not more than six weeks after the birth or adoption; except that, in the case where
the child must remain in the hospital longer than the mother, the leave may not begin more than
six weeks after the child leaves the hospital.
    Subd. 3. No employer retribution. An employer shall not retaliate against an employee for
requesting or obtaining a leave of absence as provided by this section.
    Subd. 4. Continued insurance. The employer must continue to make coverage available
to the employee while on leave of absence under any group insurance policy, group subscriber
contract, or health care plan for the employee and any dependents. Nothing in this section
requires the employer to pay the costs of the insurance or health care while the employee is
on leave of absence.
History: 1987 c 359 s 2; 1990 c 577 s 2
181.9412 SCHOOL CONFERENCE AND ACTIVITIES LEAVE.
    Subdivision 1. Definition. For purposes of this section, "employee" does not include the
requirement of section 181.940, subdivision 2, clause (1).
    Subd. 1a. Foster child. For the purpose of this section, "child" includes a foster child.
    Subd. 2. Leave of 16 hours. An employer must grant an employee leave of up to a total of 16
hours during any 12-month period to attend school conferences or school-related activities related
to the employee's child, provided the conferences or school-related activities cannot be scheduled
during nonwork hours. If the employee's child receives child care services as defined in section
119B.011, subdivision 7, or attends a prekindergarten regular or special education program, the
employee may use the leave time provided in this section to attend a conference or activity
related to the employee's child, or to observe and monitor the services or program, provided the
conference, activity, or observation cannot be scheduled during nonwork hours. When the leave
cannot be scheduled during nonwork hours and the need for the leave is foreseeable, the employee
must provide reasonable prior notice of the leave and make a reasonable effort to schedule the
leave so as not to disrupt unduly the operations of the employer.
    Subd. 3. No pay required; substitute of paid leave. Nothing in this section requires that the
leave be paid; except that an employee may substitute any accrued paid vacation leave or other
appropriate paid leave for any part of the leave under this section.
History: 1990 c 577 s 3; 1992 c 438 s 2; 1996 c 341 s 1; 1996 c 408 art 11 s 4; 1999 c
205 art 5 s 21; 2002 c 380 art 5 s 1
181.9413 SICK OR INJURED CHILD CARE LEAVE.
(a) An employee may use personal sick leave benefits provided by the employer for absences
due to an illness of or injury to the employee's child for such reasonable periods as the employee's
attendance with the child may be necessary, on the same terms the employee is able to use sick
leave benefits for the employee's own illness or injury. This section applies only to personal sick
leave benefits payable to the employee from the employer's general assets.
(b) For purposes of this section, "personal sick leave benefits" means time accrued and
available to an employee to be used as a result of absence from work due to personal illness or
injury, but does not include short-term or long-term disability or other salary continuation benefits.
History: 1990 c 577 s 4; 1991 c 268 s 2
181.942 REINSTATEMENT AFTER LEAVE.
    Subdivision 1. Comparable position. (a) An employee returning from a leave of absence
under section 181.941 is entitled to return to employment in the employee's former position
or in a position of comparable duties, number of hours, and pay. An employee returning from
a leave of absence longer than one month must notify a supervisor at least two weeks prior to
return from leave. An employee returning from a leave under section 181.9412 or 181.9413 is
entitled to return to employment in the employee's former position.
(b) If, during a leave under sections 181.940 to 181.944, the employer experiences a layoff
and the employee would have lost a position had the employee not been on leave, pursuant to
the good faith operation of a bona fide layoff and recall system, including a system under a
collective bargaining agreement, the employee is not entitled to reinstatement in the former or
comparable position. In such circumstances, the employee retains all rights under the layoff and
recall system, including a system under a collective bargaining agreement, as if the employee had
not taken the leave.
    Subd. 2. Pay; benefits; on return. An employee returning from a leave of absence under
sections 181.940 to 181.944 is entitled to return to employment at the same rate of pay the
employee had been receiving when the leave commenced, plus any automatic adjustments in the
employee's pay scale that occurred during leave period. The employee returning from a leave
is entitled to retain all accrued preleave benefits of employment and seniority, as if there had
been no interruption in service; provided that nothing in sections 181.940 to 181.944 prevents
the accrual of benefits or seniority during the leave pursuant to a collective bargaining or other
agreement between the employer and employees.
    Subd. 3. Part-time return. An employee, by agreement with the employer, may return to
work part time during the leave period without forfeiting the right to return to employment at the
end of the leave period, as provided in sections 181.940 to 181.944.
History: 1987 c 359 s 3; 1990 c 577 s 5
181.943 RELATIONSHIP TO OTHER LEAVE.
(a) The length of parental leave provided under section 181.941 may be reduced by any
period of paid parental or disability leave, but not accrued sick leave, provided by the employer,
so that the total leave does not exceed six weeks, unless agreed to by the employer.
(b) Nothing in sections 181.940 to 181.943 prevents any employer from providing leave
benefits in addition to those provided in sections 181.940 to 181.944 or otherwise affects an
employee's rights with respect to any other employment benefit.
History: 1987 c 359 s 4; 1988 c 659 s 1; 1990 c 577 s 6
181.9435 DIVISION; INVESTIGATIONS, REPORTS.
    Subdivision 1. Investigation. The Division of Labor Standards and Apprenticeship shall
receive complaints of employees against employers relating to sections 181.940 to 181.9436
and investigate informally whether an employer may be in violation of sections 181.940 to
181.9436. The division shall attempt to resolve employee complaints by informing employees
and employers of the provisions of the law and directing employers to comply with the law.
    Subd. 2. Report. The division shall report to the legislature annually on the type and number
of employee complaints under subdivision 1, the rate of resolution of complaints, and the rate of
repeat complaints against employers.
History: 1992 c 438 s 3; 2003 c 128 art 11 s 8
181.9436 POSTING OF LAW.
The Division of Labor Standards and Apprenticeship shall develop, with the assistance
of interested business and community organizations, an educational poster stating employees'
rights under sections 181.940 to 181.9436. The department shall make the poster available, upon
request, to employers for posting on the employer's premises.
History: 1992 c 438 s 4; 2003 c 128 art 11 s 9
181.944 INDIVIDUAL REMEDIES.
In addition to any other remedies provided by law, a person injured by a violation of sections
181.940 to 181.943 may bring a civil action to recover any and all damages recoverable at law,
together with costs and disbursements, including reasonable attorney's fees, and may receive
injunctive and other equitable relief as determined by a court.
History: 1987 c 359 s 5; 1990 c 577 s 7

BONE MARROW DONATION LEAVE

181.945 LEAVE FOR BONE MARROW DONATIONS.
    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the
meanings given to them in this subdivision.
(b) "Employee" means a person who performs services for hire for an employer, for an
average of 20 or more hours per week, and includes all individuals employed at any site owned or
operated by an employer. Employee does not include an independent contractor.
(c) "Employer" means a person or entity that employs 20 or more employees at at least one
site and includes an individual, corporation, partnership, association, nonprofit organization,
group of persons, state, county, town, city, school district, or other governmental subdivision.
    Subd. 2. Leave. An employer must grant paid leaves of absence to an employee who seeks to
undergo a medical procedure to donate bone marrow. The combined length of the leaves shall
be determined by the employee, but may not exceed 40 work hours, unless agreed to by the
employer. The employer may require verification by a physician of the purpose and length of each
leave requested by the employee to donate bone marrow. If there is a medical determination that
the employee does not qualify as a bone marrow donor, the paid leave of absence granted to the
employee prior to that medical determination is not forfeited.
    Subd. 3. No employer sanctions. An employer shall not retaliate against an employee for
requesting or obtaining a leave of absence as provided by this section.
    Subd. 4. Relationship to other leave. This section does not prevent an employer from
providing leave for bone marrow donations in addition to leave allowed under this section. This
section does not affect an employee's rights with respect to any other employment benefit.
History: 1990 c 536 s 2
181.9455 MS 2002 [Expired, 1Sp2001 c 4 art 2 s 9]

ORGAN DONATION LEAVE

181.9456 LEAVE FOR ORGAN DONATION.
    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the
meanings given to them in this subdivision.
(b) "Employee" means a person who performs services for hire for a public employer, for an
average of 20 or more hours per week, and includes all individuals employed at any site owned or
operated by a public employer. Employee does not include an independent contractor.
(c) "Employer" means a state, county, city, town, school district, or other governmental
subdivision that employs 20 or more employees.
    Subd. 2. Leave. An employer must grant paid leaves of absence to an employee who seeks to
undergo a medical procedure to donate an organ or partial organ to another person. The combined
length of the leaves shall be determined by the employee, but may not exceed 40 work hours for
each donation, unless agreed to by the employer. The employer may require verification by a
physician of the purpose and length of each leave requested by the employee for organ donation.
If there is a medical determination that the employee does not qualify as an organ donor, the paid
leave of absence granted to the employee prior to that medical determination is not forfeited.
    Subd. 3. No employer sanctions. An employer shall not retaliate against an employee for
requesting or obtaining a leave of absence as provided by this section.
    Subd. 4. Relationship to other leave. This section does not prevent an employer from
providing leave for organ donations in addition to leave allowed under this section. This section
does not affect an employee's rights with respect to any other employment benefit.
History: 2006 c 220 s 1

LEAVE FOR CIVIL AIR PATROL SERVICE

181.946 LEAVE FOR CIVIL AIR PATROL SERVICE.
    Subdivision 1. Definitions. For purposes of this section, "employee" and "employer" have
the meanings given them in section 181.945.
    Subd. 2. Unpaid leave required. Unless the leave would unduly disrupt the operations of
the employer, an employer shall grant a leave of absence without pay to an employee for time
spent rendering service as a member of the civil air patrol on the request and under the authority
of the state or any of its political subdivisions.
History: 1997 c 20 s 1

LEAVE FOR FAMILIES OF MOBILIZED MILITARY MEMBERS

181.947 LEAVE FOR IMMEDIATE FAMILY MEMBERS OF MILITARY PERSONNEL
INJURED OR KILLED IN ACTIVE SERVICE.
    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to this section.
(b) "Active service" has the meaning given in section 190.05, subdivision 5.
(c) "Employee" means a person, independent contractor, or person working for an
independent contractor who performs services for compensation, in whatever form, for an
employer.
(d) "Employer" means a person or entity located or doing business in this state and having
one or more employees, and includes the state and all political or other governmental subdivisions
of the state.
(e) "Immediate family member" means a person's parent, child, grandparents, siblings,
or spouse.
    Subd. 2. Unpaid leave required. An employer must grant up to ten working days of a leave
of absence without pay to an employee whose immediate family member, as a member of the
United States armed forces, has been injured or killed while engaged in active service.
    Subd. 3. Notice. An employee must give as much notice to the employee's employer as
practicable of the employee's intent to exercise the leave guaranteed by this section.
    Subd. 4. Relationship to other leave. The length of leave provided under this section
may be reduced by any period of paid leave provided by the employer. Nothing in this section
prevents an employer from providing leave benefits in addition to those provided in this section or
otherwise affects an employee's rights with respect to other employment benefits.
History: 2006 c 273 s 3
181.948 LEAVE TO ATTEND MILITARY CEREMONIES.
    Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the
meanings given in this subdivision.
(b) "Active service" has the meaning given in section 190.05, subdivision 5.
(c) "Employee" means a person who performs services for compensation, in whatever form,
for an employer. Employee does not include an independent contractor.
(d) "Employer" means a person or entity located or doing business in this state and having
one or more employees, and includes the state and all political or other governmental subdivisions
of the state.
(e) "Immediate family member" means a person's grandparent, parent, legal guardian,
sibling, child, grandchild, spouse, fiance, or fiancee.
    Subd. 2. Unpaid leave required. Unless the leave would unduly disrupt the operations of
the employer, an employer shall grant a leave of absence without pay to an employee whose
immediate family member, as a member of the United States armed forces, has been ordered into
active service in support of a war or other national emergency. The employer may limit the
amount of leave provided under this subdivision to the actual time necessary for the employee to
attend a send-off or homecoming ceremony for the mobilized service member, not to exceed one
day's duration in any calendar year.
History: 2006 c 273 s 4

DRUG AND ALCOHOL TESTING IN THE WORKPLACE

181.950 DEFINITIONS.
    Subdivision 1. Applicability. For the purposes of sections 181.950 to 181.957, the terms and
phrases defined in this section have the meanings given them.
    Subd. 2. Confirmatory test; confirmatory retest. "Confirmatory test" and "confirmatory
retest" mean a drug or alcohol test that uses a method of analysis allowed under one of the
programs listed in section 181.953, subdivision 1.
    Subd. 3.[Repealed, 1991 c 60 s 12]
    Subd. 4. Drug. "Drug" means a controlled substance as defined in section 152.01,
subdivision 4
.
    Subd. 5. Drug and alcohol testing. "Drug and alcohol testing," "drug or alcohol testing,"
and "drug or alcohol test" mean analysis of a body component sample according to the standards
established under one of the programs listed in section 181.953, subdivision 1, for the purpose of
measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested.
    Subd. 6. Employee. "Employee" means a person, independent contractor, or person working
for an independent contractor who performs services for compensation, in whatever form, for an
employer.
    Subd. 7. Employer. "Employer" means a person or entity located or doing business in
this state and having one or more employees, and includes the state and all political or other
governmental subdivisions of the state.
    Subd. 8. Initial screening test. "Initial screening test" means a drug or alcohol test which
uses a method of analysis under one of the programs listed in section 181.953, subdivision 1.
    Subd. 9. Job applicant. "Job applicant" means a person, independent contractor, or person
working for an independent contractor who applies to become an employee of an employer, and
includes a person who has received a job offer made contingent on the person passing drug or
alcohol testing.
    Subd. 10. Positive test result. "Positive test result" means a finding of the presence of drugs,
alcohol, or their metabolites in the sample tested in levels at or above the threshold detection
levels contained in the standards of one of the programs listed in section 181.953, subdivision 1.
    Subd. 11. Random selection basis. "Random selection basis" means a mechanism for
selection of employees that (1) results in an equal probability that any employee from a group of
employees subject to the selection mechanism will be selected and (2) does not give an employer
discretion to waive the selection of any employee selected under the mechanism.
    Subd. 12. Reasonable suspicion. "Reasonable suspicion" means a basis for forming a belief
based on specific facts and rational inferences drawn from those facts.
    Subd. 13. Safety-sensitive position. "Safety-sensitive position" means a job, including any
supervisory or management position, in which an impairment caused by drug or alcohol usage
would threaten the health or safety of any person.
History: 1987 c 388 s 1; 1991 c 60 s 1-4
181.951 AUTHORIZED DRUG AND ALCOHOL TESTING.
    Subdivision 1. Limitations on testing. (a) An employer may not request or require an
employee or job applicant to undergo drug and alcohol testing except as authorized in this section.
(b) An employer may not request or require an employee or job applicant to undergo drug or
alcohol testing unless the testing is done pursuant to a written drug and alcohol testing policy that
contains the minimum information required in section 181.952; and, is conducted by a testing
laboratory which participates in one of the programs listed in section 181.953, subdivision 1.
(c) An employer may not request or require an employee or job applicant to undergo drug
and alcohol testing on an arbitrary and capricious basis.
    Subd. 2. Job applicant testing. An employer may request or require a job applicant to
undergo drug and alcohol testing provided a job offer has been made to the applicant and the
same test is requested or required of all job applicants conditionally offered employment for
that position. If the job offer is withdrawn, as provided in section 181.953, subdivision 11, the
employer shall inform the job applicant of the reason for its action.
    Subd. 3. Routine physical examination testing. An employer may request or require an
employee to undergo drug and alcohol testing as part of a routine physical examination provided
the drug or alcohol test is requested or required no more than once annually and the employee
has been given at least two weeks' written notice that a drug or alcohol test may be requested or
required as part of the physical examination.
    Subd. 4. Random testing. An employer may request or require employees to undergo drug
and alcohol testing on a random selection basis only if (1) they are employed in safety-sensitive
positions, or (2) they are employed as professional athletes if the professional athlete is subject to
a collective bargaining agreement permitting random testing but only to the extent consistent with
the collective bargaining agreement.
    Subd. 5. Reasonable suspicion testing. An employer may request or require an employee to
undergo drug and alcohol testing if the employer has a reasonable suspicion that the employee:
(1) is under the influence of drugs or alcohol;
(2) has violated the employer's written work rules prohibiting the use, possession, sale, or
transfer of drugs or alcohol while the employee is working or while the employee is on the
employer's premises or operating the employer's vehicle, machinery, or equipment, provided the
work rules are in writing and contained in the employer's written drug and alcohol testing policy;
(3) has sustained a personal injury, as that term is defined in section 176.011, subdivision 16,
or has caused another employee to sustain a personal injury; or
(4) has caused a work-related accident or was operating or helping to operate machinery,
equipment, or vehicles involved in a work-related accident.
    Subd. 6. Treatment program testing. An employer may request or require an employee to
undergo drug and alcohol testing if the employee has been referred by the employer for chemical
dependency treatment or evaluation or is participating in a chemical dependency treatment
program under an employee benefit plan, in which case the employee may be requested or
required to undergo drug or alcohol testing without prior notice during the evaluation or treatment
period and for a period of up to two years following completion of any prescribed chemical
dependency treatment program.
    Subd. 7. No legal duty to test. Employers do not have a legal duty to request or require an
employee or job applicant to undergo drug or alcohol testing as authorized in this section.
History: 1987 c 388 s 2; 1988 c 536 s 1; 1991 c 60 s 5; 2005 c 133 s 1
181.952 POLICY CONTENTS; PRIOR WRITTEN NOTICE.
    Subdivision 1. Contents of the policy. An employer's drug and alcohol testing policy must,
at a minimum, set forth the following information:
(1) the employees or job applicants subject to testing under the policy;
(2) the circumstances under which drug or alcohol testing may be requested or required;
(3) the right of an employee or job applicant to refuse to undergo drug and alcohol testing
and the consequences of refusal;
(4) any disciplinary or other adverse personnel action that may be taken based on a
confirmatory test verifying a positive test result on an initial screening test;
(5) the right of an employee or job applicant to explain a positive test result on a confirmatory
test or request and pay for a confirmatory retest; and
(6) any other appeal procedures available.
    Subd. 2. Notice. An employer shall provide written notice of its drug and alcohol testing
policy to all affected employees upon adoption of the policy, to a previously nonaffected
employee upon transfer to an affected position under the policy, and to a job applicant upon hire
and before any testing of the applicant if the job offer is made contingent on the applicant passing
drug and alcohol testing. An employer shall also post notice in an appropriate and conspicuous
location on the employer's premises that the employer has adopted a drug and alcohol testing
policy and that copies of the policy are available for inspection during regular business hours by
its employees or job applicants in the employer's personnel office or other suitable locations.
History: 1987 c 388 s 3
181.953 RELIABILITY AND FAIRNESS SAFEGUARDS.
    Subdivision 1. Use of licensed, accredited, or certified laboratory required. (a) An
employer who requests or requires an employee or job applicant to undergo drug or alcohol
testing shall use the services of a testing laboratory that meets one of the following criteria for
drug testing:
(1) is certified by the National Institute on Drug Abuse as meeting the mandatory guidelines
published at 53 Federal Register 11970 to 11989, April 11, 1988;
(2) is accredited by the College of American Pathologists, 325 Waukegan Road, Northfield,
Illinois, 60093-2750, under the forensic urine drug testing laboratory program; or
(3) is licensed to test for drugs by the state of New York, Department of Health, under Public
Health Law, article 5, title V, and rules adopted under that law.
(b) For alcohol testing, the laboratory must either be:
(1) licensed to test for drugs and alcohol by the state of New York, Department of Health,
under Public Health Law, article 5, title V, and the rules adopted under that law; or
(2) accredited by the College of American Pathologists, 325 Waukegan Road, Northfield,
Illinois, 60093-2750, in the laboratory accreditation program.
    Subd. 2.[Repealed, 1991 c 60 s 12]
    Subd. 3. Laboratory testing, reporting, and sample retention requirements. A testing
laboratory that is not certified by the National Institute on Drug Abuse according to subdivision 1
shall follow the chain-of-custody procedures prescribed for employers in subdivision 5. A testing
laboratory shall conduct a confirmatory test on all samples that produced a positive test result on
an initial screening test. A laboratory shall disclose to the employer a written test result report for
each sample tested within three working days after a negative test result on an initial screening test
or, when the initial screening test produced a positive test result, within three working days after a
confirmatory test. A test report must indicate the drugs, alcohol, or drug or alcohol metabolites
tested for and whether the test produced negative or positive test results. A laboratory shall retain
and properly store for at least six months all samples that produced a positive test result.
    Subd. 4. Prohibitions on employers. An employer may not conduct drug or alcohol testing
of its own employees and job applicants using a testing laboratory owned and operated by the
employer; except that, one agency of the state may test the employees of another agency of the
state. Except as provided in subdivision 9, an employer may not request or require an employee or
job applicant to contribute to, or pay the cost of, drug or alcohol testing under sections 181.950
to 181.954.
    Subd. 5. Employer chain-of-custody procedures. An employer shall establish its own
reliable chain-of-custody procedures to ensure proper record keeping, handling, labeling, and
identification of the samples to be tested. The procedures must require the following:
(1) possession of a sample must be traceable to the employee from whom the sample
is collected, from the time the sample is collected through the time the sample is delivered to
the laboratory;
(2) the sample must always be in the possession of, must always be in view of, or must be
placed in a secured area by a person authorized to handle the sample;
(3) a sample must be accompanied by a written chain-of-custody record; and
(4) individuals relinquishing or accepting possession of the sample must record the time the
possession of the sample was transferred and must sign and date the chain-of-custody record at
the time of transfer.
    Subd. 6. Rights of employees and job applicants. (a) Before requesting an employee or
job applicant to undergo drug or alcohol testing, an employer shall provide the employee or job
applicant with a form, developed by the employer, on which to acknowledge that the employee or
job applicant has seen the employer's drug and alcohol testing policy.
(b) If an employee or job applicant tests positive for drug use, the employee must be given
written notice of the right to explain the positive test and the employer may request that the
employee or job applicant indicate any over-the-counter or prescription medication that the
individual is currently taking or has recently taken and any other information relevant to the
reliability of, or explanation for, a positive test result.
(c) Within three working days after notice of a positive test result on a confirmatory test, the
employee or job applicant may submit information to the employer, in addition to any information
already submitted under paragraph (b), to explain that result, or may request a confirmatory
retest of the original sample at the employee's or job applicant's own expense as provided under
subdivision 9.
    Subd. 7. Notice of test results. Within three working days after receipt of a test result report
from the testing laboratory, an employer shall inform in writing an employee or job applicant who
has undergone drug or alcohol testing of (1) a negative test result on an initial screening test or of
a negative or positive test result on a confirmatory test and (2) the right provided in subdivision 8.
In the case of a positive test result on a confirmatory test, the employer shall also, at the time of
this notice, inform the employee or job applicant in writing of the rights provided in subdivisions
6, paragraph (b), 9, and either subdivision 10 or 11, whichever applies.
    Subd. 8. Right to test result report. An employee or job applicant has the right to request
and receive from the employer a copy of the test result report on any drug or alcohol test.
    Subd. 9. Confirmatory retests. An employee or job applicant may request a confirmatory
retest of the original sample at the employee's or job applicant's own expense after notice of a
positive test result on a confirmatory test. Within five working days after notice of the confirmatory
test result, the employee or job applicant shall notify the employer in writing of the employee's or
job applicant's intention to obtain a confirmatory retest. Within three working days after receipt
of the notice, the employer shall notify the original testing laboratory that the employee or job
applicant has requested the laboratory to conduct the confirmatory retest or transfer the sample to
another laboratory licensed under subdivision 1 to conduct the confirmatory retest. The original
testing laboratory shall ensure that the chain-of-custody procedures in subdivision 3 are followed
during transfer of the sample to the other laboratory. The confirmatory retest must use the
same drug or alcohol threshold detection levels as used in the original confirmatory test. If the
confirmatory retest does not confirm the original positive test result, no adverse personnel action
based on the original confirmatory test may be taken against the employee or job applicant.
    Subd. 10. Limitations on employee discharge, discipline, or discrimination. (a) An
employer may not discharge, discipline, discriminate against, or request or require rehabilitation
of an employee on the basis of a positive test result from an initial screening test that has not
been verified by a confirmatory test.
(b) In addition to the limitation under paragraph (a), an employer may not discharge an
employee for whom a positive test result on a confirmatory test was the first such result for the
employee on a drug or alcohol test requested by the employer unless the following conditions
have been met:
(1) the employer has first given the employee an opportunity to participate in, at the
employee's own expense or pursuant to coverage under an employee benefit plan, either a drug
or alcohol counseling or rehabilitation program, whichever is more appropriate, as determined
by the employer after consultation with a certified chemical use counselor or a physician trained
in the diagnosis and treatment of chemical dependency; and
(2) the employee has either refused to participate in the counseling or rehabilitation program
or has failed to successfully complete the program, as evidenced by withdrawal from the program
before its completion or by a positive test result on a confirmatory test after completion of the
program.
(c) Notwithstanding paragraph (a), an employer may temporarily suspend the tested
employee or transfer that employee to another position at the same rate of pay pending the
outcome of the confirmatory test and, if requested, the confirmatory retest, provided the
employer believes that it is reasonably necessary to protect the health or safety of the employee,
coemployees, or the public. An employee who has been suspended without pay must be reinstated
with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative.
(d) An employer may not discharge, discipline, discriminate against, or request or require
rehabilitation of an employee on the basis of medical history information revealed to the employer
pursuant to subdivision 6 unless the employee was under an affirmative duty to provide the
information before, upon, or after hire.
(e) An employee must be given access to information in the employee's personnel file relating
to positive test result reports and other information acquired in the drug and alcohol testing process
and conclusions drawn from and actions taken based on the reports or other acquired information.
    Subd. 11. Limitation on withdrawal of job offer. If a job applicant has received a job
offer made contingent on the applicant passing drug and alcohol testing, the employer may
not withdraw the offer based on a positive test result from an initial screening test that has not
been verified by a confirmatory test.
History: 1987 c 384 art 3 s 32; 1987 c 388 s 4; 1988 c 536 s 2,3; 1991 c 60 s 6-9; 1997 c
180 s 2; 2004 c 228 art 1 s 32
181.954 PRIVACY, CONFIDENTIALITY, AND PRIVILEGE SAFEGUARDS.
    Subdivision 1. Privacy limitations. A laboratory may only disclose to the employer test
result data regarding the presence or absence of drugs, alcohol, or their metabolites in a sample
tested.
    Subd. 2. Confidentiality limitations. Test result reports and other information acquired
in the drug or alcohol testing process are, with respect to private sector employees and job
applicants, private and confidential information, and, with respect to public sector employees and
job applicants, private data on individuals as that phrase is defined in chapter 13, and may not
be disclosed by an employer or laboratory to another employer or to a third-party individual,
governmental agency, or private organization without the written consent of the employee or
job applicant tested.
    Subd. 3. Exceptions to privacy and confidentiality disclosure limitations. Notwithstanding
subdivisions 1 and 2, evidence of a positive test result on a confirmatory test may be: (1) used in
an arbitration proceeding pursuant to a collective bargaining agreement, an administrative hearing
under chapter 43A or other applicable state or local law, or a judicial proceeding, provided that
information is relevant to the hearing or proceeding; (2) disclosed to any federal agency or other
unit of the United States government as required under federal law, regulation, or order, or in
accordance with compliance requirements of a federal government contract; and (3) disclosed to a
substance abuse treatment facility for the purpose of evaluation or treatment of the employee.
    Subd. 4. Privilege. Positive test results from an employer drug or alcohol testing program
may not be used as evidence in a criminal action against the employee or job applicant tested.
History: 1987 c 388 s 5
181.955 CONSTRUCTION.
    Subdivision 1. Freedom to collectively bargain. Sections 181.950 to 181.954 shall not be
construed to limit the parties to a collective bargaining agreement from bargaining and agreeing
with respect to a drug and alcohol testing policy that meets or exceeds, and does not otherwise
conflict with, the minimum standards and requirements for employee protection provided in
those sections.
    Subd. 2. Employee protections under existing collective bargaining agreements. Sections
181.950 to 181.954 shall not be construed to interfere with or diminish any employee protections
relating to drug and alcohol testing already provided under collective bargaining agreements in
effect on the effective date of those sections that exceed the minimum standards and requirements
for employee protection provided in those sections.
History: 1987 c 388 s 6
181.956 REMEDIES.
    Subdivision 1. Exhaustion. An employee or collective bargaining agent may bring an action
under this section only after first exhausting all applicable grievance procedures and arbitration
proceeding requirements under a collective bargaining agreement; provided that, an employee's
right to bring an action under this section is not affected by a decision of a collective bargaining
agent not to pursue a grievance.
    Subd. 2. Damages. In addition to any other remedies provided by law, an employer or
laboratory that violates sections 181.950 to 181.954 is liable to an employee or job applicant
injured by the violation in a civil action for any damages allowable at law. If a violation is found
and damages awarded, the court may also award reasonable attorney fees for a cause of action
based on a violation of sections 181.950 to 181.954 if the court finds that the employer knowingly
or recklessly violated sections 181.950 to 181.954.
    Subd. 3. Injunctive relief. An employee or job applicant, a state, county, or city attorney, or
a collective bargaining agent who fairly and adequately represents the interests of the protected
class has standing to bring an action for injunctive relief requesting the district court to enjoin
an employer or laboratory that commits or proposes to commit an act in violation of sections
181.950 to 181.954.
    Subd. 4. Other equitable relief. Upon finding a violation of sections 181.950 to 181.954,
or as part of injunctive relief granted under subdivision 3, a court may, in its discretion, grant
any other equitable relief it considers appropriate, including ordering the injured employee or job
applicant reinstated with back pay.
    Subd. 5. Retaliation prohibited. An employer may not retaliate against an employee for
asserting rights and remedies provided in sections 181.950 to 181.954.
History: 1987 c 388 s 7
181.957 FEDERAL PREEMPTION.
    Subdivision 1. Excluded employees and job applicants. Except as provided under
subdivision 2, the employee and job applicant protections provided under sections 181.950 to
181.956 do not apply to employees and job applicants where the specific work performed requires
those employees and job applicants to be subject to drug and alcohol testing pursuant to:
(1) federal regulations that specifically preempt state regulation of drug and alcohol testing
with respect to those employees and job applicants;
(2) federal regulations or requirements necessary to operate federally regulated facilities;
(3) federal contracts where the drug and alcohol testing is conducted for security, safety, or
protection of sensitive or proprietary data; or
(4) state agency rules that adopt federal regulations applicable to the interstate component of
a federally regulated industry, and the adoption of those rules is for the purpose of conforming the
nonfederally regulated intrastate component of the industry to identical regulation.
    Subd. 2. Exclusion limited. Employers and testing laboratories must comply with the
employee and job applicant protections provided under sections 181.950 to 181.956, with respect
to employees or job applicants otherwise excluded under subdivision 1 from those protections,
to the extent that the provisions of sections 181.950 to 181.956 are not inconsistent with or
specifically preempted by the federal regulations, contract, or requirements applicable to drug
and alcohol testing.
History: 1987 c 388 s 8

PERSONNEL RECORD REVIEW AND ACCESS

181.960 DEFINITIONS.
    Subdivision 1. Applicability. For purposes of sections 181.960 to 181.966 and unless
otherwise provided, the following terms have the meanings given in this section.
    Subd. 2. Employee. "Employee" means a person who performs services for hire for an
employer, provided that the services have been performed predominately within this state. The
term includes any person who has been separated from employment for less than one year. The
term does not include an independent contractor.
    Subd. 3. Employer. "Employer" means a person who has 20 or more employees. Employer
does not include a state agency, statewide system, political subdivision, or advisory board or
commission that is subject to chapter 13.
    Subd. 4. Personnel record. "Personnel record," to the extent maintained by an employer,
means: any application for employment; wage or salary history; notices of commendation,
warning, discipline, or termination; authorization for a deduction or withholding of pay; fringe
benefit information; leave records; and employment history with the employer, including salary
and compensation history, job titles, dates of promotions, transfers, and other changes, attendance
records, performance evaluations, and retirement record. The term does not include:
(1) written references respecting the employee, including letters of reference supplied to an
employer by another person;
(2) information relating to the investigation of a violation of a criminal or civil statute by
an employee or an investigation of employee conduct for which the employer may be liable,
unless and until:
(i) the investigation is completed and, in cases of an alleged criminal violation, the employer
has received notice from the prosecutor that no action will be taken or all criminal proceedings
and appeals have been exhausted; and
(ii) the employer takes adverse personnel action based on the information contained in
the investigation records;
(3) education records, pursuant to section 513(a) of title 5 of the Family Educational Rights
and Privacy Act of 1974, United States Code, title 20, section 1232g, that are maintained by an
educational institution and directly related to a student;
(4) results of employer testing, except that the employee may see a cumulative total test score
for a section of the test or for the entire test;
(5) information relating to the employer's salary system and staff planning, including
comments, judgments, recommendations, or ratings concerning expansion, downsizing,
reorganization, job restructuring, future compensation plans, promotion plans, and job
assignments;
(6) written comments or data of a personal nature about a person other than the employee, if
disclosure of the information would constitute an intrusion upon the other person's privacy;
(7) written comments or data kept by the employee's supervisor or an executive,
administrative, or professional employee, provided the written comments or data are kept in the
sole possession of the author of the record;
(8) privileged information or information that is not discoverable in a workers' compensation,
grievance arbitration, administrative, judicial, or quasi-judicial proceeding;
(9) any portion of a written or transcribed statement by a coworker of the employee that
concerns the job performance or job-related misconduct of the employee that discloses the
identity of the coworker by name, inference, or otherwise; and
(10) medical reports and records, including reports and records that are available to the
employee from a health care services provider pursuant to sections 144.291 to 144.298.
History: 1989 c 349 s 1; 1994 c 595 s 1; 2007 c 147 art 10 s 15
181.961 REVIEW OF PERSONNEL RECORD BY EMPLOYEE.
    Subdivision 1. Right to review; frequency. Upon written request by an employee, the
employer shall provide the employee with an opportunity to review the employee's personnel
record. An employer is not required to provide an employee with an opportunity to review the
employee's personnel record if the employee has reviewed the personnel record during the
previous six months; except that, upon separation from employment, an employee may review
the employee's personnel record once each year after separation for as long as the personnel
record is maintained.
    Subd. 2. Time; location; condition; copy. (a) The employer shall comply with a written
request pursuant to subdivision 1 no later than seven working days after receipt of the request
if the personnel record is located in this state, or no later than 14 working days after receipt of
the request if the personnel record is located outside this state.
(b) With respect to current employees, the personnel record or an accurate copy must be
made available for review by the employee during the employer's normal hours of operation at
the employee's place of employment or other reasonably nearby location, but need not be made
available during the employee's working hours. The employer may require that the review be
made in the presence of the employer or the employer's designee. After the review and upon the
employee's written request, the employer shall provide a copy of the record to the employee.
(c) With respect to employees who are separated from employment, upon the employee's
written request, the employer shall provide a copy of the personnel record to the employee.
Providing a copy of the employee's personnel record to the employee satisfies the employer's
responsibility to allow review as stated in subdivision 1.
(d) The employer may not charge a fee for the copy.
    Subd. 3. Good faith. The employer may deny the employee the right to review the
employee's personnel record if the employee's request to review is not made in good faith. The
burden of proof that the request to review is not made in good faith is on the employer.
    Subd. 4. Employer defined. For the purposes of this section, "employer" includes a person
who has one or more employees.
History: 1989 c 349 s 2; 1992 c 445 s 1; 1994 c 595 s 2; 1997 c 180 s 3; 2004 c 137 s 2
181.962 REMOVAL OR REVISION OF INFORMATION.
    Subdivision 1. Agreement; failure to agree; position statement. (a) If an employee
disputes specific information contained in the employee's personnel record:
(1) the employer and the employee may agree to remove or revise the disputed information;
and
(2) if an agreement is not reached, the employee may submit a written statement specifically
identifying the disputed information and explaining the employee's position.
(b) The employee's position statement may not exceed five written pages. The position
statement must be included along with the disputed information for as long as that information is
maintained in the employee's personnel record. A copy of the position statement must also be
provided to any other person who receives a copy of the disputed information from the employer
after the position statement is submitted.
    Subd. 2. Defamation actions prohibited. (a) No communication by an employee of
information obtained through a review of the employee's personnel record may be made the
subject of any action by the employee for libel, slander, or defamation, unless the employee
requests that the employer comply with subdivision 1 and the employer fails to do so.
(b) No communication by an employer of information contained in an employee's personnel
record after the employee has exercised the employee's right to review pursuant to section 181.961
may be made the subject of any common law civil action for libel, slander, or defamation unless:
(1) the employee has disputed specific information contained in the personnel record
pursuant to subdivision 1;
(2) the employer has refused to agree to remove or revise the disputed information;
(3) the employee has submitted a written position statement as provided under subdivision
1; and
(4) the employer either (i) has refused or negligently failed to include the employee's position
statement along with the disputed information or thereafter provide a copy of the statement
to other persons as required under subdivision 1, or (ii) thereafter communicated the disputed
information with knowledge of its falsity or in reckless disregard of its falsity.
(c) A common law civil action for libel, slander, or defamation based upon a communication
of disputed information contained in an employee's personnel record is not prohibited if the
communication is made after the employer and the employee reach an agreement to remove or
revise disputed information and the communication is not consistent with the agreement.
History: 1989 c 349 s 3; 1992 c 445 s 2
181.963 USE OF OMITTED PERSONNEL RECORD.
Information properly belonging in an employee's personnel record that was omitted from the
personnel record provided by an employer to an employee for review pursuant to section 181.961
may not be used by the employer in an administrative, judicial, or quasi-judicial proceeding,
unless the employer did not intentionally omit the information and the employee is given a
reasonable opportunity to review the omitted information prior to its use.
History: 1989 c 349 s 4
181.9631 NOTICE OF EMPLOYEE RIGHTS.
An employer as defined under section 181.960, subdivision 3, shall provide written notice to
a job applicant upon hire of the rights and remedies provided in sections 181.960 to 181.965.
History: 2007 c 119 s 1
181.964 RETALIATION PROHIBITED.
An employer may not retaliate against an employee for asserting rights or remedies provided
in sections 181.960 to 181.965.
History: 1989 c 349 s 5
181.9641 ENFORCEMENT.
The Department of Labor and Industry shall enforce sections 181.960 to 181.964. The
department may assess a fine of up to $5,000 for a violation of sections 181.960 to 181.964.
The fine, together with costs and attorney fees, may be recovered in a civil action in the name
of the department brought in the district court of the county where the violation is alleged to have
occurred or where the commissioner has an office.
The fine provided by this section is in addition to any other remedy provided by law.
History: 1994 c 632 art 4 s 59
181.965 REMEDIES.
    Subdivision 1. General. In addition to other remedies provided by law, if an employer
violates a provision of sections 181.960 to 181.964, the employee may bring a civil action to
compel compliance and for the following relief:
(1) for a violation of sections 181.960 to 181.963, actual damages only, plus costs; and
(2) for a violation of section 181.964, actual damages, back pay, and reinstatement or other
make-whole, equitable relief, plus reasonable attorney fees.
    Subd. 2. Limitations period. Any civil action maintained by the employee under this section
must be commenced within one year of the actual or constructive discovery of the alleged
violation.
History: 1989 c 349 s 6
181.966 ADDITIONAL RIGHT OF ACCESS TO RECORDS.
Sections 181.960 to 181.965 do not prevent an employer from providing additional rights to
employees and do not diminish a right of access to records under chapter 13.
History: 1989 c 349 s 7
181.967 EMPLOYMENT REFERENCES.
    Subdivision 1. Definitions. For purposes of this section:
(1) "employee" means a person who performs services for hire and includes an officer
of a corporation;
(2) "employer" means a person who has one or more employees and includes a designated
employee or agent who discloses information on behalf of an employer;
(3) "personnel record" has the meaning given in section 181.960;
(4) "private employer" means an employer that is not a government entity, as defined
in section 13.02; and
(5) "public employer" means an employer that is a government entity, as defined in section
13.02.
    Subd. 2. Causes of action limited. No action may be maintained against an employer by an
employee or former employee for the disclosure of information listed in subdivisions 3 to 5 about
the employee to a prospective employer or employment agency as provided under this section,
unless the employee or former employee demonstrates by clear and convincing evidence that:
(1) the information was false and defamatory; and
(2) the employer knew or should have known the information was false and acted with
malicious intent to injure the current or former employee.
    Subd. 3. Employment reference information disclosure by private employers. (a)
Subdivision 2 applies to the disclosure of the following information by a private employer in
response to a request for the information:
(1) dates of employment;
(2) compensation and wage history;
(3) job description and duties;
(4) training and education provided by the employer; and
(5) acts of violence, theft, harassment, or illegal conduct documented in the personnel record
that resulted in disciplinary action or resignation and the employee's written response, if any,
contained in the employee's personnel record.
A disclosure under clause (5) must be in writing with a copy sent contemporaneously by
regular mail to the employee's last known address.
(b) With the written authorization of the current or former employee, subdivision 2 also
applies to the written disclosure of the following information by a private employer:
(1) written employee evaluations conducted before the employee's separation from the
employer, and the employee's written response, if any, contained in the employee's personnel
record;
(2) written disciplinary warnings and actions in the five years before the date of the
authorization, and the employee's written response, if any, contained in the employee's personnel
record; and
(3) written reasons for separation from employment.
The employer must contemporaneously provide the employee or former employee with a
copy of information disclosed under this paragraph and to whom it was disclosed by mailing the
information to the employee or former employee.
(c) A prospective employer or employment agency shall not disclose written information
received under this section without the written authorization of the employee.
    Subd. 4. Disclosure of personnel data by public employer. Subdivision 2 applies to the
disclosure of all public personnel data and to the following private personnel data under section
13.43 by a public employer if the current or former employee gives written consent to the
release of the private data:
(1) written employee evaluations conducted before the employee's separation from the
employer, and the employee's written response, if any, contained in the employee's personnel
record; and
(2) written reasons for separation from employment.
    Subd. 5. School district disclosure of violence or inappropriate sexual contact.
(a) Subdivision 2 applies to a disclosure by the superintendent of a school district or the
superintendent's designee, or a person having administrative control of a charter school, to another
school district or charter school of: (1) public personnel data under section 13.43, subdivision 2,
relating to acts of violence toward or inappropriate sexual contact with a student that resulted in
disciplinary action; and (2) private personnel data under section 13.43, subdivision 16.
(b) A disclosure under this subdivision must be in writing with a copy sent
contemporaneously by regular mail to the employee's last known address.
    Subd. 6. Application; relation to other law. (a) This section does not affect the availability
of other limitations on liability under common law.
(b) This section does not apply to an action involving an alleged violation of chapter 363
or other statute.
(c) This section does not diminish or impair the rights of a person under a collective
bargaining agreement.
History: 2004 c 137 s 3

EMPLOYEE INDEMNIFICATION

181.970 EMPLOYEE INDEMNIFICATION.
    Subdivision 1. Indemnification required. An employer shall defend and indemnify its
employee for civil damages, penalties, or fines claimed or levied against the employee, provided
that the employee:
(1) was acting in the performance of the duties of the employee's position;
(2) was not guilty of intentional misconduct, willful neglect of the duties of the employee's
position, or bad faith; and
(3) has not been indemnified by another person for the same damages, penalties, or fines.
    Subd. 2. Exception. Subdivision 1 does not apply to:
(1) employees of the state or a municipality governed by section 3.736 or 466.07;
(2) employees who are subject to a contract or other agreement governing indemnification
rights;
(3) employees and employers who are governed by indemnification provisions under section
302A.521, 317A.521, or 322B.699, or similar laws of this state or another state specifically
governing indemnification of employees of business or nonprofit corporations, limited liability
companies, or other legal entities; or
(4) indemnification rights for a particular liability specifically governed by other law.
History: 1993 c 216 s 1; 2005 c 69 art 3 s 18

PEER COUNSELING DEBRIEFING

181.973 PUBLIC SAFETY PEER COUNSELING AND DEBRIEFING.
A person engaged in a public safety peer counseling or a public safety peer debriefing shall
not, without the permission of the person being debriefed or counseled, be allowed to disclose any
information or opinion which the peer group member or peer counselor has acquired during the
process. However, this does not prohibit a peer counselor from disclosing information the peer
counselor reasonably believes indicates that the person may be a danger to self or others, if the
information is used only for the purpose of eliminating the danger to the person or others. Any
information or opinion disclosed in violation of this paragraph is not admissible as evidence in
any personnel or occupational licensing matter involving the person being debriefed or counseled.
For purposes of this section, "public safety peer counseling or debriefing" means a group
process oriented debriefing session, or one-to-one contact with a peer counselor, held for peace
officers, firefighters, medical emergency persons, dispatchers, or other persons involved with
public safety emergency services, that is established by any agency providing public safety
emergency services and is designed to help a person who has suffered an occupation-related
trauma, illness, or stress begin the process of healing and effectively dealing with the person's
problems or the use of the peer counselor for direction with referrals to better service these
occupation-related issues. A "peer counselor" means someone so designated by that agency.
History: 1995 c 259 art 1 s 38; 2006 c 260 art 3 s 6

GENETIC TESTING IN EMPLOYMENT

181.974 GENETIC TESTING IN EMPLOYMENT.
    Subdivision 1. Definitions. For the purposes of this section, the following terms have the
meanings given them in this subdivision.
(a) "Genetic test" means the analysis of human DNA, RNA, chromosomes, proteins, or
certain metabolites in order to detect disease-related genotypes or mutations. Tests for metabolites
fall within the definition of genetic test when an excess or deficiency of the metabolites indicates
the presence of a mutation or mutations. Administration of metabolic tests by an employer or
employment agency that are not intended to reveal the presence of a mutation does not violate
this section, regardless of the results of the tests. Test results revealing a mutation are, however,
subject to this section.
(b) "Employer" means any person having one or more employees in Minnesota, and includes
the state and any political subdivisions of the state.
(c) "Employee" means a person who performs services for hire in Minnesota for an employer,
but does not include independent contractors.
(d) "Protected genetic information" means:
(1) information about a person's genetic test; or
(2) information about a genetic test of a blood relative of a person.
    Subd. 2. Use of protected genetic information prohibited. (a) No employer or employment
agency shall directly or indirectly:
(1) administer a genetic test or request, require, or collect protected genetic information
regarding a person as a condition of employment; or
(2) affect the terms or conditions of employment or terminate the employment of any person
based on protected genetic information.
(b) No person shall provide or interpret for any employer or employment agency protected
genetic information on a current or prospective employee.
    Subd. 3. Penalties. Any person aggrieved by a violation of this section may bring a civil
action, in which the court may award:
(1) up to three times the actual damages suffered due to the violation;
(2) punitive damages;
(3) reasonable costs and attorney fees; and
(4) injunctive or other equitable relief as the court may deem appropriate.
History: 2001 c 154 s 1; 1Sp2001 c 9 art 13 s 20

ACCESS TO EMPLOYEE ASSISTANCE RECORDS

181.980 ACCESS TO EMPLOYEE ASSISTANCE RECORDS.
    Subdivision 1. Definitions. (a) For the purpose of this section, the following terms have the
meanings given to them in this subdivision.
(b) "Employee assistance services" means services paid for or provided by an employer and
offered to employees or their family members on a voluntary basis. The services are designed
to assist in the identification and resolution of productivity problems associated with personal
concerns. Services include, but are not limited to, assessment; assistance; counseling or referral
assistance with medical or mental health problems; alcohol or drug use; or emotional, marital,
familial, financial, legal, or other personal problems.
(c) "Employer" means a person or entity located or doing business in the state and having
one or more employees, but does not include a government entity that is subject to chapter 13.
(d) "Employee assistance provider" means an employer, or a person acting on behalf of an
employer, who is providing employee assistance services.
(e) "Employee assistance records" means the records created, collected, or maintained by
an employee assistance provider that relate to participation by an employee or an employee's
family member in employee assistance services.
Employee assistance records do not include:
(1) written or recorded comments or data of a personal nature about a person other than
the employee, if disclosure of the information would constitute an intrusion upon that person's
privacy;
(2) written or recorded comments or data kept by the employee's supervisor or an executive,
administrative, or professional employee, provided the written comments or data are kept in the
sole possession of the author of the record;
(3) information that is not discoverable in a worker's compensation, grievance arbitration,
administrative, judicial, or quasijudicial proceeding; or
(4) any portion of a written, recorded, or transcribed statement by a third party about the
recipient of employee assistance services that discloses the identity of the third party by name,
inference, or otherwise.
    Subd. 2. Access. Upon written request of a person who has received employee assistance
services, or a parent or legal guardian of the person if the person is a minor, an employee
assistance provider shall provide the requesting person with an opportunity to review and obtain
copies of the person's employee assistance records or the pertinent portion of the records specified
by the person. An employee assistance provider shall comply with a request under this subdivision
no later than seven working days after receipt of the request if the records are located in this state,
or 14 working days after receipt of the request if the records are located outside this state. An
employee assistance provider may not charge a fee for a copy of the record.
    Subd. 3. Relation to personnel file. Employee assistance records must be maintained
separate from personnel records and must not become part of an employee's personnel file.
    Subd. 4. Other rights preserved. The rights and obligations created by this section are in
addition to rights or obligations created under a contract or other law governing access to records.
    Subd. 5. Disclosure. No portion of employee assistance records, or participation in
employee assistance services, may be disclosed to a third person, including the employer or its
representative, without the prior written authorization of the person receiving services, or the
person's legal representative. This subdivision does not prohibit disclosure:
(1) pursuant to state or federal law or judicial order;
(2) required in the normal course of providing the requested services; or
(3) if necessary to prevent physical harm or the commission of a crime.
    Subd. 6. Remedies. In addition to other remedies provided by law, the recipient of employee
assistance services may bring a civil action to compel compliance with this section and to recover
actual damages, plus costs and reasonable attorney fees.
History: 2001 c 145 s 1