| 108 | | - | REVISOR SS H0019-4HF19 FOURTH ENGROSSMENT 4.1 Sec. 4. [181.9446] ACCRUAL OF EARNED SICK AND SAFE TIME. |
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| 109 | | - | 4.2 (a) An employee accrues a minimum of one hour of earned sick and safe time for every |
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| 110 | | - | 4.330 hours worked up to a maximum of 48 hours of earned sick and safe time in a year. |
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| 111 | | - | 4.4Employees may not accrue more than 48 hours of earned sick and safe time in a year unless |
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| 112 | | - | 4.5the employer agrees to a higher amount. |
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| 113 | | - | 4.6 (b)(1) Except as provided in clause (2), employers must permit an employee to carry |
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| 114 | | - | 4.7over accrued but unused sick and safe time into the following year. The total amount of |
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| 115 | | - | 4.8accrued but unused earned sick and safe time for an employee must not exceed 80 hours at |
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| 116 | | - | 4.9any time, unless an employer agrees to a higher amount. |
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| 117 | | - | 4.10 (2) In lieu of permitting the carryover of accrued but unused sick and safe time into the |
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| 118 | | - | 4.11following year as provided under clause (1), an employer may provide an employee with |
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| 119 | | - | 4.12earned sick and safe time for the year that meets or exceeds the requirements of this section |
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| 120 | | - | 4.13that is available for the employee's immediate use at the beginning of the subsequent year |
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| 121 | | - | 4.14as follows: (i) 48 hours, if an employer pays an employee for accrued but unused sick and |
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| 122 | | - | 4.15safe time at the end of a year at the same hourly rate as an employee earns from employment; |
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| 123 | | - | 4.16or (ii) 80 hours, if an employer does not pay an employee for accrued but unused sick and |
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| 124 | | - | 4.17safe time at the end of a year at the same or greater hourly rate as an employee earns from |
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| 125 | | - | 4.18employment. In no case shall this hourly rate be less than that provided under section 177.24, |
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| 126 | | - | 4.19or an applicable local minimum wage. |
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| 127 | | - | 4.20 (c) Employees who are exempt from overtime requirements under United States Code, |
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| 128 | | - | 4.21title 29, section 213(a)(1), as amended through the effective date of this section, are deemed |
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| 129 | | - | 4.22to work 40 hours in each workweek for purposes of accruing earned sick and safe time, |
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| 130 | | - | 4.23except that an employee whose normal workweek is less than 40 hours will accrue earned |
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| 131 | | - | 4.24sick and safe time based on the normal workweek. |
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| 132 | | - | 4.25 (d) Earned sick and safe time under this section begins to accrue at the commencement |
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| 133 | | - | 4.26of employment of the employee. |
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| 134 | | - | 4.27 (e) Employees may use earned sick and safe time as it is accrued. |
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| 135 | | - | 4.28 Sec. 5. [181.9447] USE OF EARNED SICK AND SAFE TIME. |
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| 136 | | - | 4.29 Subdivision 1.Eligible use.An employee may use accrued earned sick and safe time |
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| 137 | | - | 4.30for: |
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| 138 | | - | 4.31 (1) an employee's: |
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| 139 | | - | 4.32 (i) mental or physical illness, injury, or other health condition; |
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| 105 | + | REVISOR SS H0019-3HF19 THIRD ENGROSSMENT 4.1 Subd. 12.Year."Year" means a regular and consecutive 12-month period, as determined |
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| 106 | + | 4.2by an employer and clearly communicated to each employee of that employer. |
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| 107 | + | 4.3 Sec. 4. [181.9446] ACCRUAL OF EARNED SICK AND SAFE TIME. |
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| 108 | + | 4.4 (a) An employee accrues a minimum of one hour of earned sick and safe time for every |
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| 109 | + | 4.530 hours worked up to a maximum of 48 hours of earned sick and safe time in a year. |
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| 110 | + | 4.6Employees may not accrue more than 48 hours of earned sick and safe time in a year unless |
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| 111 | + | 4.7the employer agrees to a higher amount. |
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| 112 | + | 4.8 (b)(1) Except as provided in clause (2), employers must permit an employee to carry |
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| 113 | + | 4.9over accrued but unused sick and safe time into the following year. The total amount of |
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| 114 | + | 4.10accrued but unused earned sick and safe time for an employee must not exceed 80 hours at |
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| 115 | + | 4.11any time, unless an employer agrees to a higher amount. |
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| 116 | + | 4.12 (2) In lieu of permitting the carryover of accrued but unused sick and safe time into the |
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| 117 | + | 4.13following year as provided under clause (1), an employer may provide an employee with |
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| 118 | + | 4.14earned sick and safe time for the year that meets or exceeds the requirements of this section |
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| 119 | + | 4.15that is available for the employee's immediate use at the beginning of the subsequent year |
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| 120 | + | 4.16as follows: (i) 48 hours, if an employer pays an employee for accrued but unused sick and |
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| 121 | + | 4.17safe time at the end of a year at the same hourly rate as an employee earns from employment; |
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| 122 | + | 4.18or (ii) 80 hours, if an employer does not pay an employee for accrued but unused sick and |
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| 123 | + | 4.19safe time at the end of a year at the same or greater hourly rate as an employee earns from |
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| 124 | + | 4.20employment. |
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| 125 | + | 4.21 (c) Employees who are exempt from overtime requirements under United States Code, |
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| 126 | + | 4.22title 29, section 213(a)(1), as amended through the effective date of this section, are deemed |
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| 127 | + | 4.23to work 40 hours in each workweek for purposes of accruing earned sick and safe time, |
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| 128 | + | 4.24except that an employee whose normal workweek is less than 40 hours will accrue earned |
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| 129 | + | 4.25sick and safe time based on the normal workweek. |
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| 130 | + | 4.26 (d) Earned sick and safe time under this section begins to accrue at the commencement |
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| 131 | + | 4.27of employment of the employee. |
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| 132 | + | 4.28 (e) Employees may use earned sick and safe time as it is accrued. |
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| 133 | + | 4.29 Sec. 5. [181.9447] USE OF EARNED SICK AND SAFE TIME. |
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| 134 | + | 4.30 Subdivision 1.Eligible use.An employee may use accrued earned sick and safe time |
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| 135 | + | 4.31for: |
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| 136 | + | 4.32 (1) an employee's: |
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| 141 | | - | REVISOR SS H0019-4HF19 FOURTH ENGROSSMENT 5.1 (ii) need for medical diagnosis, care, or treatment of a mental or physical illness, injury, |
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| 142 | | - | 5.2or health condition; or |
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| 143 | | - | 5.3 (iii) need for preventive medical or health care; |
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| 144 | | - | 5.4 (2) care of a family member: |
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| 145 | | - | 5.5 (i) with a mental or physical illness, injury, or other health condition; |
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| 146 | | - | 5.6 (ii) who needs medical diagnosis, care, or treatment of a mental or physical illness, |
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| 147 | | - | 5.7injury, or other health condition; or |
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| 148 | | - | 5.8 (iii) who needs preventive medical or health care; |
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| 149 | | - | 5.9 (3) absence due to domestic abuse, sexual assault, or stalking of the employee or |
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| 150 | | - | 5.10employee's family member, provided the absence is to: |
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| 151 | | - | 5.11 (i) seek medical attention related to physical or psychological injury or disability caused |
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| 152 | | - | 5.12by domestic abuse, sexual assault, or stalking; |
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| 153 | | - | 5.13 (ii) obtain services from a victim services organization; |
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| 154 | | - | 5.14 (iii) obtain psychological or other counseling; |
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| 155 | | - | 5.15 (iv) seek relocation or take steps to secure an existing home due to domestic abuse, |
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| 156 | | - | 5.16sexual assault, or stalking; or |
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| 157 | | - | 5.17 (v) seek legal advice or take legal action, including preparing for or participating in any |
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| 158 | | - | 5.18civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, |
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| 159 | | - | 5.19or stalking; |
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| 160 | | - | 5.20 (4) closure of the employee's place of business due to weather or other public emergency |
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| 161 | | - | 5.21or an employee's need to care for a family member whose school or place of care has been |
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| 162 | | - | 5.22closed due to weather or other public emergency; |
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| 163 | | - | 5.23 (5) the employee's inability to work or telework because the employee is: (i) prohibited |
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| 164 | | - | 5.24from working by the employer due to health concerns related to the potential transmission |
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| 165 | | - | 5.25of a communicable illness related to a public emergency; or (ii) seeking or awaiting the |
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| 166 | | - | 5.26results of a diagnostic test for, or a medical diagnosis of, a communicable disease related |
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| 167 | | - | 5.27to a public emergency and such employee has been exposed to a communicable disease or |
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| 168 | | - | 5.28the employee's employer has requested a test or diagnosis; and |
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| 169 | | - | 5.29 (6) when it has been determined by the health authorities having jurisdiction or by a |
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| 170 | | - | 5.30health care professional that the presence of the employee or family member of the employee |
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| 171 | | - | 5.31in the community would jeopardize the health of others because of the exposure of the |
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| 138 | + | REVISOR SS H0019-3HF19 THIRD ENGROSSMENT 5.1 (i) mental or physical illness, injury, or other health condition; |
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| 139 | + | 5.2 (ii) need for medical diagnosis, care, or treatment of a mental or physical illness, injury, |
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| 140 | + | 5.3or health condition; or |
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| 141 | + | 5.4 (iii) need for preventive medical or health care; |
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| 142 | + | 5.5 (2) care of a family member: |
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| 143 | + | 5.6 (i) with a mental or physical illness, injury, or other health condition; |
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| 144 | + | 5.7 (ii) who needs medical diagnosis, care, or treatment of a mental or physical illness, |
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| 145 | + | 5.8injury, or other health condition; or |
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| 146 | + | 5.9 (iii) who needs preventive medical or health care; |
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| 147 | + | 5.10 (3) absence due to domestic abuse, sexual assault, or stalking of the employee or |
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| 148 | + | 5.11employee's family member, provided the absence is to: |
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| 149 | + | 5.12 (i) seek medical attention related to physical or psychological injury or disability caused |
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| 150 | + | 5.13by domestic abuse, sexual assault, or stalking; |
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| 151 | + | 5.14 (ii) obtain services from a victim services organization; |
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| 152 | + | 5.15 (iii) obtain psychological or other counseling; |
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| 153 | + | 5.16 (iv) seek relocation or take steps to secure an existing home due to domestic abuse, |
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| 154 | + | 5.17sexual assault, or stalking; or |
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| 155 | + | 5.18 (v) seek legal advice or take legal action, including preparing for or participating in any |
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| 156 | + | 5.19civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, |
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| 157 | + | 5.20or stalking; |
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| 158 | + | 5.21 (4) closure of the employee's place of business due to weather or other public emergency |
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| 159 | + | 5.22or an employee's need to care for a family member whose school or place of care has been |
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| 160 | + | 5.23closed due to weather or other public emergency; |
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| 161 | + | 5.24 (5) the employee's inability to work or telework because the employee is: (i) prohibited |
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| 162 | + | 5.25from working by the employer due to health concerns related to the potential transmission |
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| 163 | + | 5.26of a communicable illness related to a public emergency; or (ii) seeking or awaiting the |
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| 164 | + | 5.27results of a diagnostic test for, or a medical diagnosis of, a communicable disease related |
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| 165 | + | 5.28to a public emergency and such employee has been exposed to a communicable disease or |
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| 166 | + | 5.29the employee's employer has requested a test or diagnosis; and |
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| 167 | + | 5.30 (6) when it has been determined by the health authorities having jurisdiction or by a |
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| 168 | + | 5.31health care professional that the presence of the employee or family member of the employee |
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| 173 | | - | REVISOR SS H0019-4HF19 FOURTH ENGROSSMENT 6.1employee or family member of the employee to a communicable disease, whether or not |
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| 174 | | - | 6.2the employee or family member has actually contracted the communicable disease. |
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| 175 | | - | 6.3 For the purposes of this subdivision, a public emergency shall include a declared |
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| 176 | | - | 6.4emergency as defined in section 12.03 or a declared local emergency under section 12.29. |
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| 177 | | - | 6.5 Subd. 2.Notice.An employer may require notice of the need for use of earned sick and |
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| 178 | | - | 6.6safe time as provided in this paragraph. If the need for use is foreseeable, an employer may |
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| 179 | | - | 6.7require advance notice of the intention to use earned sick and safe time but must not require |
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| 180 | | - | 6.8more than seven days' advance notice. If the need is unforeseeable, an employer may require |
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| 181 | | - | 6.9an employee to give notice of the need for earned sick and safe time as soon as practicable. |
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| 182 | | - | 6.10An employer that requires notice of the need to use earned sick and safe time in accordance |
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| 183 | | - | 6.11with this subdivision shall have a written policy containing reasonable procedures for |
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| 184 | | - | 6.12employees to provide notice of the need to use earned sick and safe time, and shall provide |
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| 185 | | - | 6.13a written copy of such policy to employees. If a copy of the written policy has not been |
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| 186 | | - | 6.14provided to an employee, an employer shall not deny the use of earned sick and safe time |
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| 187 | | - | 6.15to the employee on that basis. |
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| 188 | | - | 6.16 Subd. 3.Documentation.(a) When an employee uses earned sick and safe time for |
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| 189 | | - | 6.17more than three consecutive days, an employer may require reasonable documentation that |
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| 190 | | - | 6.18the earned sick and safe time is covered by subdivision 1. |
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| 191 | | - | 6.19 (b) For earned sick and safe time under subdivision 1, clauses (1), (2), (5), and (6), |
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| 192 | | - | 6.20reasonable documentation may include a signed statement by a health care professional |
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| 193 | | - | 6.21indicating the need for use of earned sick and safe time. However, if the employee or |
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| 194 | | - | 6.22employee's family member did not receive services from a health care professional, or if |
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| 195 | | - | 6.23documentation cannot be obtained from a health care professional in a reasonable time or |
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| 196 | | - | 6.24without added expense, then reasonable documentation for the purposes of this paragraph |
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| 197 | | - | 6.25may include a written statement from the employee indicating that the employee is using |
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| 198 | | - | 6.26or used earned sick and safe time for a qualifying purpose covered by subdivision 1, clause |
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| 199 | | - | 6.27(1), (2), (5), or (6). |
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| 200 | | - | 6.28 (c) For earned sick and safe time under subdivision 1, clause (3), an employer must |
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| 201 | | - | 6.29accept a court record or documentation signed by a volunteer or employee of a victims |
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| 202 | | - | 6.30services organization, an attorney, a police officer, or an antiviolence counselor as reasonable |
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| 203 | | - | 6.31documentation. |
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| 204 | | - | 6.32 (d) For earned sick and safe time to care for a family member under subdivision 1, clause |
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| 205 | | - | 6.33(4), an employer must accept as reasonable documentation a written statement from the |
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| 170 | + | REVISOR SS H0019-3HF19 THIRD ENGROSSMENT 6.1in the community would jeopardize the health of others because of the exposure of the |
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| 171 | + | 6.2employee or family member of the employee to a communicable disease, whether or not |
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| 172 | + | 6.3the employee or family member has actually contracted the communicable disease. |
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| 173 | + | 6.4 For the purposes of this subdivision, a public emergency shall include a declared |
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| 174 | + | 6.5emergency as defined in section 12.03 or a declared local emergency under section 12.29. |
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| 175 | + | 6.6 Subd. 2.Notice.An employer may require notice of the need for use of earned sick and |
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| 176 | + | 6.7safe time as provided in this paragraph. If the need for use is foreseeable, an employer may |
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| 177 | + | 6.8require advance notice of the intention to use earned sick and safe time but must not require |
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| 178 | + | 6.9more than seven days' advance notice. If the need is unforeseeable, an employer may require |
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| 179 | + | 6.10an employee to give notice of the need for earned sick and safe time as soon as practicable. |
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| 180 | + | 6.11An employer that requires notice of the need to use earned sick and safe time in accordance |
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| 181 | + | 6.12with this subdivision shall have a written policy containing reasonable procedures for |
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| 182 | + | 6.13employees to provide notice of the need to use earned sick and safe time, and shall provide |
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| 183 | + | 6.14a written copy of such policy to employees. If a copy of the written policy has not been |
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| 184 | + | 6.15provided to an employee, an employer shall not deny the use of earned sick and safe time |
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| 185 | + | 6.16to the employee on that basis. |
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| 186 | + | 6.17 Subd. 3.Documentation.(a) When an employee uses earned sick and safe time for |
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| 187 | + | 6.18more than three consecutive days, an employer may require reasonable documentation that |
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| 188 | + | 6.19the earned sick and safe time is covered by subdivision 1. |
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| 189 | + | 6.20 (b) For earned sick and safe time under subdivision 1, clauses (1), (2), (5), and (6), |
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| 190 | + | 6.21reasonable documentation may include a signed statement by a health care professional |
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| 191 | + | 6.22indicating the need for use of earned sick and safe time. However, if the employee or |
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| 192 | + | 6.23employee's family member did not receive services from a health care professional, or if |
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| 193 | + | 6.24documentation cannot be obtained from a health care professional in a reasonable time or |
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| 194 | + | 6.25without added expense, then reasonable documentation for the purposes of this paragraph |
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| 195 | + | 6.26may include a written statement from the employee indicating that the employee is using |
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| 196 | + | 6.27or used earned sick and safe time for a qualifying purpose covered by subdivision 1, clause |
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| 197 | + | 6.28(1), (2), (5), or (6). |
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| 198 | + | 6.29 (c) For earned sick and safe time under subdivision 1, clause (3), an employer must |
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| 199 | + | 6.30accept a court record or documentation signed by a volunteer or employee of a victims |
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| 200 | + | 6.31services organization, an attorney, a police officer, or an antiviolence counselor as reasonable |
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| 201 | + | 6.32documentation. |
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| 202 | + | 6.33 (d) For earned sick and safe time to care for a family member under subdivision 1, clause |
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| 203 | + | 6.34(4), an employer must accept as reasonable documentation a written statement from the |
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| 307 | | - | REVISOR SS H0019-4HF19 FOURTH ENGROSSMENT 10.1 (1) health or medical information regarding an employee or an employee's family |
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| 308 | | - | 10.2member; |
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| 309 | | - | 10.3 (2) information pertaining to domestic abuse, sexual assault, or stalking; |
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| 310 | | - | 10.4 (3) information that the employee has requested or obtained leave under this section; or |
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| 311 | | - | 10.5 (4) any written or oral statement, documentation, record, or corroborating evidence |
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| 312 | | - | 10.6provided by the employee or an employee's family member, the employer must treat such |
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| 313 | | - | 10.7information as confidential. |
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| 314 | | - | 10.8Information given by an employee may only be disclosed by an employer if the disclosure |
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| 315 | | - | 10.9is requested or consented to by the employee, when ordered by a court or administrative |
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| 316 | | - | 10.10agency, or when otherwise required by federal or state law. |
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| 317 | | - | 10.11 (b) Records and documents relating to medical certifications, recertifications, or medical |
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| 318 | | - | 10.12histories of employees or family members of employees created for purposes of section |
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| 319 | | - | 10.13177.50 or sections 181.9445 to 181.9448 must be maintained as confidential medical records |
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| 320 | | - | 10.14separate from the usual personnel files. At the request of the employee, the employer must |
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| 321 | | - | 10.15destroy or return the records required by sections 181.9445 to 181.9448 that are older than |
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| 322 | | - | 10.16three years prior to the current calendar year. |
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| 323 | | - | 10.17 (c) Employers may not discriminate against any employee based on records created for |
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| 324 | | - | 10.18the purposes of section 177.50 or sections 181.9445 to 181.9448. |
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| 325 | | - | 10.19Sec. 6. [181.9448] EFFECT ON OTHER LAW OR POLICY. |
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| 326 | | - | 10.20 Subdivision 1.No effect on more generous sick and safe time policies.(a) Nothing |
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| 327 | | - | 10.21in sections 181.9445 to 181.9448 shall be construed to discourage employers from adopting |
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| 328 | | - | 10.22or retaining earned sick and safe time policies that meet or exceed, and do not otherwise |
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| 329 | | - | 10.23conflict with, the minimum standards and requirements provided in sections 181.9445 to |
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| 330 | | - | 10.24181.9448. |
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| 331 | | - | 10.25 (b) Nothing in sections 181.9445 to 181.9448 shall be construed to limit the right of |
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| 332 | | - | 10.26parties to a collective bargaining agreement to bargain and agree with respect to earned sick |
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| 333 | | - | 10.27and safe time policies or to diminish the obligation of an employer to comply with any |
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| 334 | | - | 10.28contract, collective bargaining agreement, or any employment benefit program or plan that |
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| 335 | | - | 10.29meets or exceeds, and does not otherwise conflict with, the minimum standards and |
|---|
| 336 | | - | 10.30requirements provided in this section. |
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| 337 | | - | 10.31 (c) Nothing in sections 181.9445 to 181.9448 shall be construed to preempt, limit, or |
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| 338 | | - | 10.32otherwise affect the applicability of any other law, regulation, requirement, policy, or |
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| 304 | + | REVISOR SS H0019-3HF19 THIRD ENGROSSMENT 10.1 (b) Records and documents relating to medical certifications, recertifications, or medical |
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| 305 | + | 10.2histories of employees or family members of employees created for purposes of section |
|---|
| 306 | + | 10.3177.50 or sections 181.9445 to 181.9448 must be maintained as confidential medical records |
|---|
| 307 | + | 10.4separate from the usual personnel files. At the request of the employee, the employer must |
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| 308 | + | 10.5destroy or return the records required by sections 181.9445 to 181.9448 that are older than |
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| 309 | + | 10.6three years prior to the current calendar year. |
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| 310 | + | 10.7 (c) Employers may not discriminate against any employee based on records created for |
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| 311 | + | 10.8the purposes of section 177.50 or sections 181.9445 to 181.9448. |
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| 312 | + | 10.9 Sec. 6. [181.9448] EFFECT ON OTHER LAW OR POLICY. |
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| 313 | + | 10.10 Subdivision 1.No effect on more generous sick and safe time policies.(a) Nothing |
|---|
| 314 | + | 10.11in sections 181.9445 to 181.9448 shall be construed to discourage employers from adopting |
|---|
| 315 | + | 10.12or retaining earned sick and safe time policies that meet or exceed, and do not otherwise |
|---|
| 316 | + | 10.13conflict with, the minimum standards and requirements provided in sections 181.9445 to |
|---|
| 317 | + | 10.14181.9448. |
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| 318 | + | 10.15 (b) Nothing in sections 181.9445 to 181.9448 shall be construed to limit the right of |
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| 319 | + | 10.16parties to a collective bargaining agreement to bargain and agree with respect to earned sick |
|---|
| 320 | + | 10.17and safe time policies or to diminish the obligation of an employer to comply with any |
|---|
| 321 | + | 10.18contract, collective bargaining agreement, or any employment benefit program or plan that |
|---|
| 322 | + | 10.19meets or exceeds, and does not otherwise conflict with, the minimum standards and |
|---|
| 323 | + | 10.20requirements provided in this section. |
|---|
| 324 | + | 10.21 (c) Nothing in sections 181.9445 to 181.9448 shall be construed to preempt, limit, or |
|---|
| 325 | + | 10.22otherwise affect the applicability of any other law, regulation, requirement, policy, or |
|---|
| 326 | + | 10.23standard that provides for a greater amount, accrual, or use by employees of paid sick and |
|---|
| 327 | + | 10.24safe time or that extends other protections to employees. |
|---|
| 328 | + | 10.25 (d) Employers who provide earned sick and safe time to their employees under a paid |
|---|
| 329 | + | 10.26time off policy or other paid leave policy that may be used for the same purposes and under |
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| 330 | + | 10.27the same conditions as earned sick and safe time, and that meets or exceeds, and does not |
|---|
| 331 | + | 10.28otherwise conflict with, the minimum standards and requirements provided in sections |
|---|
| 332 | + | 10.29181.9445 to 181.9448 are not required to provide additional earned sick and safe time. |
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| 333 | + | 10.30 (e) An employer may opt to satisfy the requirements of sections 181.9445 to 181.9448 |
|---|
| 334 | + | 10.31for construction industry employees by: |
|---|
| 335 | + | 10.32 (1) paying at least the prevailing wage rate as defined by section 177.42 and as calculated |
|---|
| 336 | + | 10.33by the Department of Labor and Industry; or |
|---|
| 340 | | - | REVISOR SS H0019-4HF19 FOURTH ENGROSSMENT 11.1standard that provides for a greater amount, accrual, or use by employees of paid sick and |
|---|
| 341 | | - | 11.2safe time or that extends other protections to employees. |
|---|
| 342 | | - | 11.3 (d) Nothing in sections 181.9445 to 181.9448 shall be construed or applied so as to |
|---|
| 343 | | - | 11.4create any power or duty in conflict with federal law. |
|---|
| 344 | | - | 11.5 (e) Employers who provide earned sick and safe time to their employees under a paid |
|---|
| 345 | | - | 11.6time off policy or other paid leave policy that may be used for the same purposes and under |
|---|
| 346 | | - | 11.7the same conditions as earned sick and safe time, and that meets or exceeds, and does not |
|---|
| 347 | | - | 11.8otherwise conflict with, the minimum standards and requirements provided in sections |
|---|
| 348 | | - | 11.9181.9445 to 181.9448 are not required to provide additional earned sick and safe time. |
|---|
| 349 | | - | 11.10 (f) The provisions of sections 181.9445 to 181.9448 may be waived by a collective |
|---|
| 350 | | - | 11.11bargaining agreement with a bona fide building and construction trades labor organization |
|---|
| 351 | | - | 11.12that has established itself as the collective bargaining representative for the affected building |
|---|
| 352 | | - | 11.13and construction industry employees, provided that for such waiver to be valid, it shall |
|---|
| 353 | | - | 11.14explicitly reference sections 181.9445 to 181.9448 and clearly and unambiguously waive |
|---|
| 354 | | - | 11.15application of those sections to such employees. |
|---|
| 355 | | - | 11.16 (g) Sections 181.9445 to 181.9448 do not prohibit an employer from establishing a |
|---|
| 356 | | - | 11.17policy whereby employees may donate unused accrued sick and safe time to another |
|---|
| 357 | | - | 11.18employee. |
|---|
| 358 | | - | 11.19 (h) Sections 181.9445 to 181.9448 do not prohibit an employer from advancing sick and |
|---|
| 359 | | - | 11.20safe time to an employee before accrual by the employee. |
|---|
| 360 | | - | 11.21 Subd. 2.Termination; separation; transfer.Sections 181.9445 to 181.9448 do not |
|---|
| 361 | | - | 11.22require financial or other reimbursement to an employee from an employer upon the |
|---|
| 362 | | - | 11.23employee's termination, resignation, retirement, or other separation from employment for |
|---|
| 363 | | - | 11.24accrued earned sick and safe time that has not been used. If an employee is transferred to |
|---|
| 364 | | - | 11.25a separate division, entity, or location, but remains employed by the same employer, the |
|---|
| 365 | | - | 11.26employee is entitled to all earned sick and safe time accrued at the prior division, entity, or |
|---|
| 366 | | - | 11.27location and is entitled to use all earned sick and safe time as provided in sections 181.9445 |
|---|
| 367 | | - | 11.28to 181.9448. When there is a separation from employment and the employee is rehired |
|---|
| 368 | | - | 11.29within 180 days of separation by the same employer, previously accrued earned sick and |
|---|
| 369 | | - | 11.30safe time that had not been used must be reinstated. An employee is entitled to use accrued |
|---|
| 370 | | - | 11.31earned sick and safe time and accrue additional earned sick and safe time at the |
|---|
| 371 | | - | 11.32commencement of reemployment. |
|---|
| 372 | | - | 11.33 Subd. 3.Employer succession.(a) When a different employer succeeds or takes the |
|---|
| 373 | | - | 11.34place of an existing employer, all employees of the original employer who remain employed |
|---|
| 338 | + | REVISOR SS H0019-3HF19 THIRD ENGROSSMENT 11.1 (2) paying at least the required rate established in a registered apprenticeship agreement |
|---|
| 339 | + | 11.2for apprentices registered with the Department of Labor and Industry. |
|---|
| 340 | + | 11.3An employer electing this option is deemed to be in compliance with sections 181.9445 to |
|---|
| 341 | + | 11.4181.9448 for construction industry employees who receive either at least the prevailing |
|---|
| 342 | + | 11.5wage rate or the rate required in the applicable apprenticeship agreement regardless of |
|---|
| 343 | + | 11.6whether the employees are working on private or public projects. |
|---|
| 344 | + | 11.7 (f) Sections 181.9445 to 181.9448 do not prohibit an employer from establishing a policy |
|---|
| 345 | + | 11.8whereby employees may donate unused accrued sick and safe time to another employee. |
|---|
| 346 | + | 11.9 (g) Sections 181.9445 to 181.9448 do not prohibit an employer from advancing sick and |
|---|
| 347 | + | 11.10safe time to an employee before accrual by the employee. |
|---|
| 348 | + | 11.11 Subd. 2.Termination; separation; transfer.Sections 181.9445 to 181.9448 do not |
|---|
| 349 | + | 11.12require financial or other reimbursement to an employee from an employer upon the |
|---|
| 350 | + | 11.13employee's termination, resignation, retirement, or other separation from employment for |
|---|
| 351 | + | 11.14accrued earned sick and safe time that has not been used. If an employee is transferred to |
|---|
| 352 | + | 11.15a separate division, entity, or location, but remains employed by the same employer, the |
|---|
| 353 | + | 11.16employee is entitled to all earned sick and safe time accrued at the prior division, entity, or |
|---|
| 354 | + | 11.17location and is entitled to use all earned sick and safe time as provided in sections 181.9445 |
|---|
| 355 | + | 11.18to 181.9448. When there is a separation from employment and the employee is rehired |
|---|
| 356 | + | 11.19within 180 days of separation by the same employer, previously accrued earned sick and |
|---|
| 357 | + | 11.20safe time that had not been used must be reinstated. An employee is entitled to use accrued |
|---|
| 358 | + | 11.21earned sick and safe time and accrue additional earned sick and safe time at the |
|---|
| 359 | + | 11.22commencement of reemployment. |
|---|
| 360 | + | 11.23 Subd. 3.Employer succession.(a) When a different employer succeeds or takes the |
|---|
| 361 | + | 11.24place of an existing employer, all employees of the original employer who remain employed |
|---|
| 362 | + | 11.25by the successor employer are entitled to all earned sick and safe time accrued but not used |
|---|
| 363 | + | 11.26when employed by the original employer, and are entitled to use all earned sick and safe |
|---|
| 364 | + | 11.27time previously accrued but not used. |
|---|
| 365 | + | 11.28 (b) If, at the time of transfer of the business, employees are terminated by the original |
|---|
| 366 | + | 11.29employer and hired within 30 days by the successor employer following the transfer, those |
|---|
| 367 | + | 11.30employees are entitled to all earned sick and safe time accrued but not used when employed |
|---|
| 368 | + | 11.31by the original employer, and are entitled to use all earned sick and safe time previously |
|---|
| 369 | + | 11.32accrued but not used. |
|---|
| 375 | | - | REVISOR SS H0019-4HF19 FOURTH ENGROSSMENT 12.1by the successor employer are entitled to all earned sick and safe time accrued but not used |
|---|
| 376 | | - | 12.2when employed by the original employer, and are entitled to use all earned sick and safe |
|---|
| 377 | | - | 12.3time previously accrued but not used. |
|---|
| 378 | | - | 12.4 (b) If, at the time of transfer of the business, employees are terminated by the original |
|---|
| 379 | | - | 12.5employer and hired within 30 days by the successor employer following the transfer, those |
|---|
| 380 | | - | 12.6employees are entitled to all earned sick and safe time accrued but not used when employed |
|---|
| 381 | | - | 12.7by the original employer, and are entitled to use all earned sick and safe time previously |
|---|
| 382 | | - | 12.8accrued but not used. |
|---|
| 383 | | - | 12.9 Sec. 7. SEVERABILITY. |
|---|
| 384 | | - | 12.10 If any provision of this act or application thereof to any person or circumstance is judged |
|---|
| 385 | | - | 12.11invalid, the invalidity shall not affect other provisions or applications of the act which can |
|---|
| 386 | | - | 12.12be given effect without the invalid provision or application, and to this end the provisions |
|---|
| 387 | | - | 12.13of this act are declared severable. |
|---|
| 388 | | - | 12.14Sec. 8. REPEALER. |
|---|
| 389 | | - | 12.15 Minnesota Statutes 2022, section 181.9413, is repealed. |
|---|
| 390 | | - | 12.16Sec. 9. EFFECTIVE DATE. |
|---|
| 391 | | - | 12.17 This article is effective January 1, 2024. |
|---|
| 392 | | - | 12.18 ARTICLE 2 |
|---|
| 393 | | - | 12.19 EARNED SICK AND SAFE TIME ENFORCEMENT |
|---|
| 394 | | - | 12.20Section 1. Minnesota Statutes 2022, section 177.27, subdivision 2, is amended to read: |
|---|
| 395 | | - | 12.21 Subd. 2.Submission of records; penalty.The commissioner may require the employer |
|---|
| 396 | | - | 12.22of employees working in the state to submit to the commissioner photocopies, certified |
|---|
| 397 | | - | 12.23copies, or, if necessary, the originals of employment records which the commissioner deems |
|---|
| 398 | | - | 12.24necessary or appropriate. The records which may be required include full and correct |
|---|
| 399 | | - | 12.25statements in writing, including sworn statements by the employer, containing information |
|---|
| 400 | | - | 12.26relating to wages, hours, names, addresses, and any other information pertaining to the |
|---|
| 401 | | - | 12.27employer's employees and the conditions of their employment as the commissioner deems |
|---|
| 402 | | - | 12.28necessary or appropriate. |
|---|
| 371 | + | REVISOR SS H0019-3HF19 THIRD ENGROSSMENT 12.1 Sec. 7. SEVERABILITY. |
|---|
| 372 | + | 12.2 If any provision of this act or application thereof to any person or circumstance is judged |
|---|
| 373 | + | 12.3invalid, the invalidity shall not affect other provisions or applications of the act which can |
|---|
| 374 | + | 12.4be given effect without the invalid provision or application, and to this end the provisions |
|---|
| 375 | + | 12.5of this act are declared severable. |
|---|
| 376 | + | 12.6 Sec. 8. REPEALER. |
|---|
| 377 | + | 12.7 Minnesota Statutes 2022, section 181.9413, is repealed. |
|---|
| 378 | + | 12.8 Sec. 9. EFFECTIVE DATE. |
|---|
| 379 | + | 12.9 This article is effective January 1, 2024. |
|---|
| 380 | + | 12.10 ARTICLE 2 |
|---|
| 381 | + | 12.11 EARNED SICK AND SAFE TIME ENFORCEMENT |
|---|
| 382 | + | 12.12Section 1. Minnesota Statutes 2022, section 177.27, subdivision 2, is amended to read: |
|---|
| 383 | + | 12.13 Subd. 2.Submission of records; penalty.The commissioner may require the employer |
|---|
| 384 | + | 12.14of employees working in the state to submit to the commissioner photocopies, certified |
|---|
| 385 | + | 12.15copies, or, if necessary, the originals of employment records which the commissioner deems |
|---|
| 386 | + | 12.16necessary or appropriate. The records which may be required include full and correct |
|---|
| 387 | + | 12.17statements in writing, including sworn statements by the employer, containing information |
|---|
| 388 | + | 12.18relating to wages, hours, names, addresses, and any other information pertaining to the |
|---|
| 389 | + | 12.19employer's employees and the conditions of their employment as the commissioner deems |
|---|
| 390 | + | 12.20necessary or appropriate. |
|---|
| 391 | + | 12.21 The commissioner may require the records to be submitted by certified mail delivery |
|---|
| 392 | + | 12.22or, if necessary, by personal delivery by the employer or a representative of the employer, |
|---|
| 393 | + | 12.23as authorized by the employer in writing. |
|---|
| 394 | + | 12.24 The commissioner may fine the employer up to $1,000 $10,000 for each failure to submit |
|---|
| 395 | + | 12.25or deliver records as required by this section, and up to $5,000 for each repeated failure. |
|---|
| 396 | + | 12.26This penalty is in addition to any penalties provided under section 177.32, subdivision 1. |
|---|
| 397 | + | 12.27In determining the amount of a civil penalty under this subdivision, the appropriateness of |
|---|
| 398 | + | 12.28such penalty to the size of the employer's business and the gravity of the violation shall be |
|---|
| 399 | + | 12.29considered. |
|---|
| 404 | | - | REVISOR SS H0019-4HF19 FOURTH ENGROSSMENT 13.1 The commissioner may require the records to be submitted by certified mail delivery |
|---|
| 405 | | - | 13.2or, if necessary, by personal delivery by the employer or a representative of the employer, |
|---|
| 406 | | - | 13.3as authorized by the employer in writing. |
|---|
| 407 | | - | 13.4 The commissioner may fine the employer up to $1,000 $10,000 for each failure to submit |
|---|
| 408 | | - | 13.5or deliver records as required by this section, and up to $5,000 for each repeated failure. |
|---|
| 409 | | - | 13.6This penalty is in addition to any penalties provided under section 177.32, subdivision 1. |
|---|
| 410 | | - | 13.7In determining the amount of a civil penalty under this subdivision, the appropriateness of |
|---|
| 411 | | - | 13.8such penalty to the size of the employer's business and the gravity of the violation shall be |
|---|
| 412 | | - | 13.9considered. |
|---|
| 413 | | - | 13.10Sec. 2. Minnesota Statutes 2022, section 177.27, subdivision 4, is amended to read: |
|---|
| 414 | | - | 13.11 Subd. 4.Compliance orders.The commissioner may issue an order requiring an |
|---|
| 415 | | - | 13.12employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032, |
|---|
| 416 | | - | 13.13181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275, |
|---|
| 417 | | - | 13.14subdivision 2a, 181.722, 181.79, and 181.939 to 181.943, and 181.9445 to 181.9448, or |
|---|
| 418 | | - | 13.15with any rule promulgated under section 177.28. The commissioner shall issue an order |
|---|
| 419 | | - | 13.16requiring an employer to comply with sections 177.41 to 177.435 if the violation is repeated. |
|---|
| 420 | | - | 13.17For purposes of this subdivision only, a violation is repeated if at any time during the two |
|---|
| 421 | | - | 13.18years that preceded the date of violation, the commissioner issued an order to the employer |
|---|
| 422 | | - | 13.19for violation of sections 177.41 to 177.435 and the order is final or the commissioner and |
|---|
| 423 | | - | 13.20the employer have entered into a settlement agreement that required the employer to pay |
|---|
| 424 | | - | 13.21back wages that were required by sections 177.41 to 177.435. The department shall serve |
|---|
| 425 | | - | 13.22the order upon the employer or the employer's authorized representative in person or by |
|---|
| 426 | | - | 13.23certified mail at the employer's place of business. An employer who wishes to contest the |
|---|
| 427 | | - | 13.24order must file written notice of objection to the order with the commissioner within 15 |
|---|
| 428 | | - | 13.25calendar days after being served with the order. A contested case proceeding must then be |
|---|
| 429 | | - | 13.26held in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being |
|---|
| 430 | | - | 13.27served with the order, the employer fails to file a written notice of objection with the |
|---|
| 431 | | - | 13.28commissioner, the order becomes a final order of the commissioner. |
|---|
| 432 | | - | 13.29 EFFECTIVE DATE.This section is effective January 1, 2024. |
|---|
| 433 | | - | 13.30Sec. 3. Minnesota Statutes 2022, section 177.27, subdivision 7, is amended to read: |
|---|
| 434 | | - | 13.31 Subd. 7.Employer liability.If an employer is found by the commissioner to have |
|---|
| 435 | | - | 13.32violated a section identified in subdivision 4, or any rule adopted under section 177.28, and |
|---|
| 436 | | - | 13.33the commissioner issues an order to comply, the commissioner shall order the employer to |
|---|
| 401 | + | REVISOR SS H0019-3HF19 THIRD ENGROSSMENT 13.1 Sec. 2. Minnesota Statutes 2022, section 177.27, subdivision 4, is amended to read: |
|---|
| 402 | + | 13.2 Subd. 4.Compliance orders.The commissioner may issue an order requiring an |
|---|
| 403 | + | 13.3employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032, |
|---|
| 404 | + | 13.4181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275, |
|---|
| 405 | + | 13.5subdivision 2a, 181.722, 181.79, and 181.939 to 181.943, and 181.9445 to 181.9448, or |
|---|
| 406 | + | 13.6with any rule promulgated under section 177.28. The commissioner shall issue an order |
|---|
| 407 | + | 13.7requiring an employer to comply with sections 177.41 to 177.435 if the violation is repeated. |
|---|
| 408 | + | 13.8For purposes of this subdivision only, a violation is repeated if at any time during the two |
|---|
| 409 | + | 13.9years that preceded the date of violation, the commissioner issued an order to the employer |
|---|
| 410 | + | 13.10for violation of sections 177.41 to 177.435 and the order is final or the commissioner and |
|---|
| 411 | + | 13.11the employer have entered into a settlement agreement that required the employer to pay |
|---|
| 412 | + | 13.12back wages that were required by sections 177.41 to 177.435. The department shall serve |
|---|
| 413 | + | 13.13the order upon the employer or the employer's authorized representative in person or by |
|---|
| 414 | + | 13.14certified mail at the employer's place of business. An employer who wishes to contest the |
|---|
| 415 | + | 13.15order must file written notice of objection to the order with the commissioner within 15 |
|---|
| 416 | + | 13.16calendar days after being served with the order. A contested case proceeding must then be |
|---|
| 417 | + | 13.17held in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being |
|---|
| 418 | + | 13.18served with the order, the employer fails to file a written notice of objection with the |
|---|
| 419 | + | 13.19commissioner, the order becomes a final order of the commissioner. |
|---|
| 420 | + | 13.20 EFFECTIVE DATE.This section is effective January 1, 2024. |
|---|
| 421 | + | 13.21Sec. 3. Minnesota Statutes 2022, section 177.27, subdivision 7, is amended to read: |
|---|
| 422 | + | 13.22 Subd. 7.Employer liability.If an employer is found by the commissioner to have |
|---|
| 423 | + | 13.23violated a section identified in subdivision 4, or any rule adopted under section 177.28, and |
|---|
| 424 | + | 13.24the commissioner issues an order to comply, the commissioner shall order the employer to |
|---|
| 425 | + | 13.25cease and desist from engaging in the violative practice and to take such affirmative steps |
|---|
| 426 | + | 13.26that in the judgment of the commissioner will effectuate the purposes of the section or rule |
|---|
| 427 | + | 13.27violated. The commissioner shall order the employer to pay to the aggrieved parties back |
|---|
| 428 | + | 13.28pay, gratuities, and compensatory damages, less any amount actually paid to the employee |
|---|
| 429 | + | 13.29by the employer, and for an additional equal amount as liquidated damages. Any employer |
|---|
| 430 | + | 13.30who is found by the commissioner to have repeatedly or willfully violated a section or |
|---|
| 431 | + | 13.31sections identified in subdivision 4 shall be subject to a civil penalty of up to $1,000 $10,000 |
|---|
| 432 | + | 13.32for each violation for each employee. In determining the amount of a civil penalty under |
|---|
| 433 | + | 13.33this subdivision, the appropriateness of such penalty to the size of the employer's business |
|---|
| 434 | + | 13.34and the gravity of the violation shall be considered. In addition, the commissioner may order |
|---|
| 438 | | - | REVISOR SS H0019-4HF19 FOURTH ENGROSSMENT 14.1cease and desist from engaging in the violative practice and to take such affirmative steps |
|---|
| 439 | | - | 14.2that in the judgment of the commissioner will effectuate the purposes of the section or rule |
|---|
| 440 | | - | 14.3violated. The commissioner shall order the employer to pay to the aggrieved parties back |
|---|
| 441 | | - | 14.4pay, gratuities, and compensatory damages, less any amount actually paid to the employee |
|---|
| 442 | | - | 14.5by the employer, and for an additional equal amount as liquidated damages. Any employer |
|---|
| 443 | | - | 14.6who is found by the commissioner to have repeatedly or willfully violated a section or |
|---|
| 444 | | - | 14.7sections identified in subdivision 4 shall be subject to a civil penalty of up to $1,000 $10,000 |
|---|
| 445 | | - | 14.8for each violation for each employee. In determining the amount of a civil penalty under |
|---|
| 446 | | - | 14.9this subdivision, the appropriateness of such penalty to the size of the employer's business |
|---|
| 447 | | - | 14.10and the gravity of the violation shall be considered. In addition, the commissioner may order |
|---|
| 448 | | - | 14.11the employer to reimburse the department and the attorney general for all appropriate |
|---|
| 449 | | - | 14.12litigation and hearing costs expended in preparation for and in conducting the contested |
|---|
| 450 | | - | 14.13case proceeding, unless payment of costs would impose extreme financial hardship on the |
|---|
| 451 | | - | 14.14employer. If the employer is able to establish extreme financial hardship, then the |
|---|
| 452 | | - | 14.15commissioner may order the employer to pay a percentage of the total costs that will not |
|---|
| 453 | | - | 14.16cause extreme financial hardship. Costs include but are not limited to the costs of services |
|---|
| 454 | | - | 14.17rendered by the attorney general, private attorneys if engaged by the department, |
|---|
| 455 | | - | 14.18administrative law judges, court reporters, and expert witnesses as well as the cost of |
|---|
| 456 | | - | 14.19transcripts. Interest shall accrue on, and be added to, the unpaid balance of a commissioner's |
|---|
| 457 | | - | 14.20order from the date the order is signed by the commissioner until it is paid, at an annual rate |
|---|
| 458 | | - | 14.21provided in section 549.09, subdivision 1, paragraph (c). The commissioner may establish |
|---|
| 459 | | - | 14.22escrow accounts for purposes of distributing damages. |
|---|
| 460 | | - | 14.23Sec. 4. [177.50] EARNED SICK AND SAFE TIME ENFORCEMENT . |
|---|
| 461 | | - | 14.24 Subdivision 1.Definitions.The definitions in section 181.9445 apply to this section. |
|---|
| 462 | | - | 14.25 Subd. 2.Rulemaking authority.The commissioner may adopt rules to carry out the |
|---|
| 463 | | - | 14.26purposes of this section and sections 181.9445 to 181.9448. |
|---|
| 464 | | - | 14.27 Subd. 3.Individual remedies.An action to recover damages under section 181.944 for |
|---|
| 465 | | - | 14.28violation of sections 181.9445 to 181.9448 must be commenced within three years of the |
|---|
| 466 | | - | 14.29violation that caused the injury to the employee. |
|---|
| 467 | | - | 14.30 Subd. 4.Grants to community organizations.The commissioner may make grants to |
|---|
| 468 | | - | 14.31community organizations for the purpose of outreach to and education for employees |
|---|
| 469 | | - | 14.32regarding their rights under sections 181.9445 to 181.9448. The community-based |
|---|
| 470 | | - | 14.33organizations must be selected based on their experience, capacity, and relationships in |
|---|
| 436 | + | REVISOR SS H0019-3HF19 THIRD ENGROSSMENT 14.1the employer to reimburse the department and the attorney general for all appropriate |
|---|
| 437 | + | 14.2litigation and hearing costs expended in preparation for and in conducting the contested |
|---|
| 438 | + | 14.3case proceeding, unless payment of costs would impose extreme financial hardship on the |
|---|
| 439 | + | 14.4employer. If the employer is able to establish extreme financial hardship, then the |
|---|
| 440 | + | 14.5commissioner may order the employer to pay a percentage of the total costs that will not |
|---|
| 441 | + | 14.6cause extreme financial hardship. Costs include but are not limited to the costs of services |
|---|
| 442 | + | 14.7rendered by the attorney general, private attorneys if engaged by the department, |
|---|
| 443 | + | 14.8administrative law judges, court reporters, and expert witnesses as well as the cost of |
|---|
| 444 | + | 14.9transcripts. Interest shall accrue on, and be added to, the unpaid balance of a commissioner's |
|---|
| 445 | + | 14.10order from the date the order is signed by the commissioner until it is paid, at an annual rate |
|---|
| 446 | + | 14.11provided in section 549.09, subdivision 1, paragraph (c). The commissioner may establish |
|---|
| 447 | + | 14.12escrow accounts for purposes of distributing damages. |
|---|
| 448 | + | 14.13Sec. 4. [177.50] EARNED SICK AND SAFE TIME ENFORCEMENT . |
|---|
| 449 | + | 14.14 Subdivision 1.Definitions.The definitions in section 181.9445 apply to this section. |
|---|
| 450 | + | 14.15 Subd. 2.Rulemaking authority.The commissioner may adopt rules to carry out the |
|---|
| 451 | + | 14.16purposes of this section and sections 181.9445 to 181.9448. |
|---|
| 452 | + | 14.17 Subd. 3.Individual remedies.An action to recover damages under section 181.944 for |
|---|
| 453 | + | 14.18violation of sections 181.9445 to 181.9448 must be commenced within three years of the |
|---|
| 454 | + | 14.19violation that caused the injury to the employee. |
|---|
| 455 | + | 14.20 Subd. 4.Grants to community organizations.The commissioner may make grants to |
|---|
| 456 | + | 14.21community organizations for the purpose of outreach to and education for employees |
|---|
| 457 | + | 14.22regarding their rights under sections 181.9445 to 181.9448. The community-based |
|---|
| 458 | + | 14.23organizations must be selected based on their experience, capacity, and relationships in |
|---|
| 459 | + | 14.24high-violation industries. The work under such a grant may include the creation and |
|---|
| 460 | + | 14.25administration of a statewide worker hotline. |
|---|
| 461 | + | 14.26 Subd. 5.Report to legislature.(a) The commissioner must submit an annual report to |
|---|
| 462 | + | 14.27the legislature, including to the chairs and ranking minority members of any relevant |
|---|
| 463 | + | 14.28legislative committee. The report must include but is not limited to: |
|---|
| 464 | + | 14.29 (1) a list of all violations of sections 181.9445 to 181.9448, including the employer |
|---|
| 465 | + | 14.30involved, and the nature of any violations; and |
|---|
| 466 | + | 14.31 (2) an analysis of noncompliance with sections 181.9445 to 181.9448, including any |
|---|
| 467 | + | 14.32patterns by employer, industry, or county. |
|---|
| 472 | | - | REVISOR SS H0019-4HF19 FOURTH ENGROSSMENT 15.1high-violation industries. The work under such a grant may include the creation and |
|---|
| 473 | | - | 15.2administration of a statewide worker hotline. |
|---|
| 474 | | - | 15.3 Subd. 5.Report to legislature.(a) The commissioner must submit an annual report to |
|---|
| 475 | | - | 15.4the legislature, including to the chairs and ranking minority members of any relevant |
|---|
| 476 | | - | 15.5legislative committee. The report must include but is not limited to: |
|---|
| 477 | | - | 15.6 (1) a list of all violations of sections 181.9445 to 181.9448, including the employer |
|---|
| 478 | | - | 15.7involved, and the nature of any violations; and |
|---|
| 479 | | - | 15.8 (2) an analysis of noncompliance with sections 181.9445 to 181.9448, including any |
|---|
| 480 | | - | 15.9patterns by employer, industry, or county. |
|---|
| 481 | | - | 15.10 (b) A report under this section must not include an employee's name or other identifying |
|---|
| 482 | | - | 15.11information, any health or medical information regarding an employee or an employee's |
|---|
| 483 | | - | 15.12family member, or any information pertaining to domestic abuse, sexual assault, or stalking |
|---|
| 484 | | - | 15.13of an employee or an employee's family member. |
|---|
| 485 | | - | 15.14 Subd. 6.Contract for labor or services.It is the responsibility of all employers to not |
|---|
| 486 | | - | 15.15enter into any contract or agreement for labor or services where the employer has any actual |
|---|
| 487 | | - | 15.16knowledge or knowledge arising from familiarity with the normal facts and circumstances |
|---|
| 488 | | - | 15.17of the business activity engaged in, or has any additional facts or information that, taken |
|---|
| 489 | | - | 15.18together, would make a reasonably prudent person undertake to inquire whether, taken |
|---|
| 490 | | - | 15.19together, the contractor is not complying or has failed to comply with this section. For |
|---|
| 491 | | - | 15.20purposes of this subdivision, "actual knowledge" means information obtained by the employer |
|---|
| 492 | | - | 15.21that the contractor has violated this section within the past two years and has failed to present |
|---|
| 493 | | - | 15.22the employer with credible evidence that such noncompliance has been cured going forward. |
|---|
| 494 | | - | 15.23 EFFECTIVE DATE.This section is effective January 1, 2024, except that the |
|---|
| 495 | | - | 15.24commissioner is authorized to begin rulemaking the day following final enactment, and the |
|---|
| 496 | | - | 15.25commissioner is authorized to begin the grant-making process under subdivision 4 the day |
|---|
| 497 | | - | 15.26following final enactment. |
|---|
| 498 | | - | 15.27Sec. 5. Minnesota Statutes 2022, section 181.944, is amended to read: |
|---|
| 499 | | - | 15.28 181.944 INDIVIDUAL REMEDIES. |
|---|
| 500 | | - | 15.29 In addition to any other remedies provided by law, a person injured by a violation of |
|---|
| 501 | | - | 15.30sections 181.172, paragraph (a) or (d), and 181.939 to 181.943, and 181.9445 to 181.9448 |
|---|
| 502 | | - | 15.31may bring a civil action to recover any and all damages recoverable at law, together with |
|---|
| 503 | | - | 15.32costs and disbursements, including reasonable attorney's fees, and may receive injunctive |
|---|
| 504 | | - | 15.33and other equitable relief as determined by a court. |
|---|
| 505 | | - | 15Article 2 Sec. 5. |
|---|
| 506 | | - | REVISOR SS H0019-4HF19 FOURTH ENGROSSMENT 16.1 EFFECTIVE DATE.This section is effective January 1, 2024, and applies to causes |
|---|
| 507 | | - | 16.2of action occurring on or after that date. |
|---|
| 508 | | - | 16.3 ARTICLE 3 |
|---|
| 509 | | - | 16.4EARNED SICK AND SAFE TIME APPROPRIATIONS; CONFORMING CHANGES |
|---|
| 510 | | - | 16.5 Section 1. Minnesota Statutes 2022, section 2.722, subdivision 1, is amended to read: |
|---|
| 511 | | - | 16.6 Subdivision 1.Description.Effective July 1, 1959, the state is divided into ten judicial |
|---|
| 512 | | - | 16.7districts composed of the following named counties, respectively, in each of which districts |
|---|
| 513 | | - | 16.8judges shall be chosen as hereinafter specified: |
|---|
| 514 | | - | 16.9 1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four |
|---|
| 515 | | - | 16.10permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe |
|---|
| 516 | | - | 16.11and one other shall be maintained at the place designated by the chief judge of the district; |
|---|
| 517 | | - | 16.12 2. Ramsey; 26 judges; |
|---|
| 518 | | - | 16.13 3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower, |
|---|
| 519 | | - | 16.14and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault, Albert |
|---|
| 520 | | - | 16.15Lea, Austin, Rochester, and Winona; |
|---|
| 521 | | - | 16.16 4. Hennepin; 60 judges; |
|---|
| 522 | | - | 16.17 5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood, |
|---|
| 523 | | - | 16.18Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 17 judges; and permanent |
|---|
| 524 | | - | 16.19chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato; |
|---|
| 525 | | - | 16.20 6. Carlton, St. Louis, Lake, and Cook; 15 judges; |
|---|
| 526 | | - | 16.21 7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and |
|---|
| 527 | | - | 16.22Wadena; 30 judges; and permanent chambers shall be maintained in Moorhead, Fergus |
|---|
| 528 | | - | 16.23Falls, Little Falls, and St. Cloud; |
|---|
| 529 | | - | 16.24 8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big |
|---|
| 530 | | - | 16.25Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers |
|---|
| 531 | | - | 16.26shall be maintained in Morris, Montevideo, and Willmar; |
|---|
| 532 | | - | 16.27 9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin, |
|---|
| 533 | | - | 16.28Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and |
|---|
| 534 | | - | 16.29Koochiching; 24 25 judges; and permanent chambers shall be maintained in Crookston, |
|---|
| 535 | | - | 16.30Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and |
|---|
| 536 | | - | 16Article 3 Section 1. |
|---|
| 537 | | - | REVISOR SS H0019-4HF19 FOURTH ENGROSSMENT 17.1 10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45 |
|---|
| 538 | | - | 17.2judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other places |
|---|
| 539 | | - | 17.3designated by the chief judge of the district. |
|---|
| 540 | | - | 17.4 EFFECTIVE DATE.This section is effective July 1, 2024. |
|---|
| 541 | | - | 17.5 Sec. 2. EARNED SICK AND SAFE TIME APPROPRIATIONS. |
|---|
| 542 | | - | 17.6 (a) $1,445,000 in fiscal year 2024 and $2,209,000 in fiscal year 2025 are appropriated |
|---|
| 543 | | - | 17.7from the general fund to the commissioner of labor and industry for enforcement and other |
|---|
| 544 | | - | 17.8duties regarding earned sick and safe time under Minnesota Statutes, sections 181.9445 to |
|---|
| 545 | | - | 17.9181.9448, and chapter 177. In fiscal year 2026, the base is $1,899,000. |
|---|
| 546 | | - | 17.10 (b) $3,000 in fiscal year 2024 is appropriated from the general fund to the commissioner |
|---|
| 547 | | - | 17.11of management and budget for printing costs associated with earned sick and safe time |
|---|
| 548 | | - | 17.12under Minnesota Statutes, sections 181.9445 to 181.9448. |
|---|
| 549 | | - | 17.13 (c) $17,000 in fiscal year 2024 and $3,000 in fiscal year 2025 are appropriated from the |
|---|
| 550 | | - | 17.14general fund to the commissioner of management and budget for system programming costs |
|---|
| 551 | | - | 17.15associated with this act. |
|---|
| 552 | | - | 17.16 (d) $127,000 in fiscal year 2024 and $261,000 in fiscal year 2025 are appropriated from |
|---|
| 553 | | - | 17.17the general fund to the entities specified in paragraph (e) to offset the cost of earned sick |
|---|
| 554 | | - | 17.18and safe time leave required under this act of executive branch state agencies, boards, and |
|---|
| 555 | | - | 17.19commissions. |
|---|
| 556 | | - | 17.20 (e) The commissioner of management and budget must determine an allocation of the |
|---|
| 557 | | - | 17.21amount appropriated in paragraph (d) for each executive branch state agency, board, and |
|---|
| 558 | | - | 17.22commission. Each allocation is directly appropriated to each of these entities as specified |
|---|
| 559 | | - | 17.23by the commissioner. |
|---|
| 560 | | - | 17.24 (f) $300,000 in fiscal year 2024 and $300,000 in fiscal year 2025 are appropriated from |
|---|
| 561 | | - | 17.25the general fund to the commissioner of labor and industry for grants to community |
|---|
| 562 | | - | 17.26organizations under Minnesota Statutes, section 177.50, subdivision 4. This is a onetime |
|---|
| 563 | | - | 17.27appropriation. |
|---|
| 564 | | - | 17.28 (g) $18,000 in fiscal year 2024 is appropriated from the general fund to the house of |
|---|
| 565 | | - | 17.29representatives to modify timecard and human resources systems as necessary to comply |
|---|
| 566 | | - | 17.30with this act. |
|---|
| 567 | | - | 17.31 (h) $1,000 in fiscal year 2024 is appropriated from the general fund to the supreme court |
|---|
| 568 | | - | 17.32for costs associated with employment rights notice requirements, and $494,000 in fiscal |
|---|
| 469 | + | REVISOR SS H0019-3HF19 THIRD ENGROSSMENT 15.1 (b) A report under this section must not include an employee's name or other identifying |
|---|
| 470 | + | 15.2information, any health or medical information regarding an employee or an employee's |
|---|
| 471 | + | 15.3family member, or any information pertaining to domestic abuse, sexual assault, or stalking |
|---|
| 472 | + | 15.4of an employee or an employee's family member. |
|---|
| 473 | + | 15.5 Subd. 6.Contract for labor or services.It is the responsibility of all employers to not |
|---|
| 474 | + | 15.6enter into any contract or agreement for labor or services where the employer has any actual |
|---|
| 475 | + | 15.7knowledge or knowledge arising from familiarity with the normal facts and circumstances |
|---|
| 476 | + | 15.8of the business activity engaged in, or has any additional facts or information that, taken |
|---|
| 477 | + | 15.9together, would make a reasonably prudent person undertake to inquire whether, taken |
|---|
| 478 | + | 15.10together, the contractor is not complying or has failed to comply with this section. For |
|---|
| 479 | + | 15.11purposes of this subdivision, "actual knowledge" means information obtained by the employer |
|---|
| 480 | + | 15.12that the contractor has violated this section within the past two years and has failed to present |
|---|
| 481 | + | 15.13the employer with credible evidence that such noncompliance has been cured going forward. |
|---|
| 482 | + | 15.14 EFFECTIVE DATE.This section is effective January 1, 2024, except that the |
|---|
| 483 | + | 15.15commissioner is authorized to begin rulemaking the day following final enactment, and the |
|---|
| 484 | + | 15.16commissioner is authorized to begin the grant-making process under subdivision 4 the day |
|---|
| 485 | + | 15.17following final enactment. |
|---|
| 486 | + | 15.18Sec. 5. Minnesota Statutes 2022, section 181.944, is amended to read: |
|---|
| 487 | + | 15.19 181.944 INDIVIDUAL REMEDIES. |
|---|
| 488 | + | 15.20 In addition to any other remedies provided by law, a person injured by a violation of |
|---|
| 489 | + | 15.21sections 181.172, paragraph (a) or (d), and 181.939 to 181.943, and 181.9445 to 181.9448 |
|---|
| 490 | + | 15.22may bring a civil action to recover any and all damages recoverable at law, together with |
|---|
| 491 | + | 15.23costs and disbursements, including reasonable attorney's fees, and may receive injunctive |
|---|
| 492 | + | 15.24and other equitable relief as determined by a court. |
|---|
| 493 | + | 15.25 EFFECTIVE DATE.This section is effective January 1, 2024. |
|---|
| 494 | + | 15.26 ARTICLE 3 |
|---|
| 495 | + | 15.27EARNED SICK AND SAFE TIME APPROPRIATIONS; CONFORMING CHANGES |
|---|
| 496 | + | 15.28Section 1. Minnesota Statutes 2022, section 2.722, subdivision 1, is amended to read: |
|---|
| 497 | + | 15.29 Subdivision 1.Description.Effective July 1, 1959, the state is divided into ten judicial |
|---|
| 498 | + | 15.30districts composed of the following named counties, respectively, in each of which districts |
|---|
| 499 | + | 15.31judges shall be chosen as hereinafter specified: |
|---|
| 500 | + | 15Article 3 Section 1. |
|---|
| 501 | + | REVISOR SS H0019-3HF19 THIRD ENGROSSMENT 16.1 1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four |
|---|
| 502 | + | 16.2permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe |
|---|
| 503 | + | 16.3and one other shall be maintained at the place designated by the chief judge of the district; |
|---|
| 504 | + | 16.4 2. Ramsey; 26 judges; |
|---|
| 505 | + | 16.5 3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower, |
|---|
| 506 | + | 16.6and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault, Albert |
|---|
| 507 | + | 16.7Lea, Austin, Rochester, and Winona; |
|---|
| 508 | + | 16.8 4. Hennepin; 60 judges; |
|---|
| 509 | + | 16.9 5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood, |
|---|
| 510 | + | 16.10Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 17 judges; and permanent |
|---|
| 511 | + | 16.11chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato; |
|---|
| 512 | + | 16.12 6. Carlton, St. Louis, Lake, and Cook; 15 judges; |
|---|
| 513 | + | 16.13 7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and |
|---|
| 514 | + | 16.14Wadena; 30 judges; and permanent chambers shall be maintained in Moorhead, Fergus |
|---|
| 515 | + | 16.15Falls, Little Falls, and St. Cloud; |
|---|
| 516 | + | 16.16 8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big |
|---|
| 517 | + | 16.17Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers |
|---|
| 518 | + | 16.18shall be maintained in Morris, Montevideo, and Willmar; |
|---|
| 519 | + | 16.19 9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin, |
|---|
| 520 | + | 16.20Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and |
|---|
| 521 | + | 16.21Koochiching; 24 25 judges; and permanent chambers shall be maintained in Crookston, |
|---|
| 522 | + | 16.22Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and |
|---|
| 523 | + | 16.23 10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45 |
|---|
| 524 | + | 16.24judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other places |
|---|
| 525 | + | 16.25designated by the chief judge of the district. |
|---|
| 526 | + | 16.26 EFFECTIVE DATE.This section is effective July 1, 2024. |
|---|
| 527 | + | 16.27Sec. 2. EARNED SICK AND SAFE TIME APPROPRIATIONS. |
|---|
| 528 | + | 16.28 (a) $1,445,000 in fiscal year 2024 and $2,209,000 in fiscal year 2025 are appropriated |
|---|
| 529 | + | 16.29from the general fund to the commissioner of labor and industry for enforcement and other |
|---|
| 530 | + | 16.30duties regarding earned sick and safe time under Minnesota Statutes, sections 181.9445 to |
|---|
| 531 | + | 16.31181.9448, and chapter 177. In fiscal year 2026, the base is $1,899,000. |
|---|
| 532 | + | 16Article 3 Sec. 2. |
|---|
| 533 | + | REVISOR SS H0019-3HF19 THIRD ENGROSSMENT 17.1 (b) $3,000 in fiscal year 2024 is appropriated from the general fund to the commissioner |
|---|
| 534 | + | 17.2of management and budget for printing costs associated with earned sick and safe time |
|---|
| 535 | + | 17.3under Minnesota Statutes, sections 181.9445 to 181.9448. |
|---|
| 536 | + | 17.4 (c) $17,000 in fiscal year 2024 and $3,000 in fiscal year 2025 are appropriated from the |
|---|
| 537 | + | 17.5general fund to the commissioner of management and budget for system programming costs |
|---|
| 538 | + | 17.6associated with this act. |
|---|
| 539 | + | 17.7 (d) $127,000 in fiscal year 2024 and $261,000 in fiscal year 2025 are appropriated from |
|---|
| 540 | + | 17.8the general fund to the entities specified in paragraph (e) to offset the cost of earned sick |
|---|
| 541 | + | 17.9and safe time leave required under this act of executive branch state agencies, boards, and |
|---|
| 542 | + | 17.10commissions. |
|---|
| 543 | + | 17.11 (e) The commissioner of management and budget must determine an allocation of the |
|---|
| 544 | + | 17.12amount appropriated in paragraph (d) for each executive branch state agency, board, and |
|---|
| 545 | + | 17.13commission. Each allocation is directly appropriated to each of these entities as specified |
|---|
| 546 | + | 17.14by the commissioner. |
|---|
| 547 | + | 17.15 (f) $300,000 in fiscal year 2024 and $300,000 in fiscal year 2025 are appropriated from |
|---|
| 548 | + | 17.16the general fund to the commissioner of labor and industry for grants to community |
|---|
| 549 | + | 17.17organizations under Minnesota Statutes, section 177.50, subdivision 4. This is a onetime |
|---|
| 550 | + | 17.18appropriation. |
|---|
| 551 | + | 17.19 (g) $18,000 in fiscal year 2024 is appropriated from the general fund to the house of |
|---|
| 552 | + | 17.20representatives to modify timecard and human resources systems as necessary to comply |
|---|
| 553 | + | 17.21with this act. |
|---|
| 554 | + | 17.22 (h) $1,000 in fiscal year 2024 is appropriated from the general fund to the supreme court |
|---|
| 555 | + | 17.23for costs associated with employment rights notice requirements, and $494,000 in fiscal |
|---|
| 556 | + | 17.24year 2025 is appropriated from the general fund to the supreme court for a new judge unit |
|---|
| 557 | + | 17.25in the Ninth Judicial District. The general fund base for this appropriation in fiscal year |
|---|
| 558 | + | 17.262026 and beyond is $461,000. |
|---|