1.1 A bill for an act
1.2 relating to employment; exempting certain agricultural workers from the Minnesota
1.3 Paid Leave Law; amending Minnesota Statutes 2024, section 268B.01, subdivisions
1.4 15, 17, 18.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 268B.01, subdivision 15, is amended to read:
1.7 Subd. 15.Covered employment.(a) "Covered employment" means performing services
1.8of whatever nature, unlimited by the relationship of master and servant as known to the
1.9common law, or any other legal relationship performed for wages or under any contract
1.10calling for the performance of services, written or oral, express or implied.
1.11 (b) For the purposes of this chapter, covered employment means an employee's entire
1.12employment during a calendar year if:
1.13 (1) 50 percent or more of the employment during the calendar year is performed in
1.14Minnesota; or
1.15 (2) 50 percent or more of the employment during the calendar year is not performed in
1.16Minnesota or any other single state within the United States, or United States territory or
1.17foreign nation, but some of the employment is performed in Minnesota and the employee's
1.18residence is in Minnesota during 50 percent or more of the calendar year.
1.19 (c) "Covered employment" does not include:
1.20 (1) a self-employed individual;
1.21 (2) an independent contractor; or
1Section 1.
REVISOR SS/AD 25-0298202/03/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 1523
NINETY-FOURTH SESSION 2.1 (3) employment by a seasonal employee, as defined in subdivision 35.; or
2.2 (4) an individual employed by a farmer, family farm, or family farm corporation to
2.3provide physical labor on or management of a farm if: (i) the farmer, family farm, or family
2.4farm corporation employs five or fewer employees; or (ii) the individual is employed by
2.5the farmer, family farm, or family farm corporation to perform work for 28 days or fewer
2.6each year.
2.7 (d) Entities that are excluded under this section may opt in to coverage following a
2.8procedure determined by the commissioner. In such cases, services provided by employees
2.9are considered covered employment under subdivision 15.
2.10 (e) The commissioner may adopt rules in accordance with chapter 14 to:
2.11 (1) further define the application of this subdivision; and
2.12 (2) establish the criteria for covered employment for individuals that do not meet the
2.13criteria in paragraphs (a) and (b), but that perform services as an employee to a Minnesota
2.14employer.
2.15 Sec. 2. Minnesota Statutes 2024, section 268B.01, subdivision 17, is amended to read:
2.16 Subd. 17.Employee.(a) "Employee" means an individual who performs services of
2.17whatever nature for an employer.
2.18 (b) Employee does not include employees of the United States of America, self-employed
2.19individuals, or independent contractors.
2.20 (c) Employee does not include seasonal employees as defined in subdivision 35.
2.21 (d) Employee does not include an individual employed by a farmer, family farm, or
2.22family farm corporation to provide physical labor on or management of a farm if: (i) the
2.23farmer, family farm, or family farm corporation employs five or fewer employees; or (ii)
2.24the individual is employed by the farmer, family farm, or family farm corporation to perform
2.25work for 28 days or fewer each year.
2.26 Sec. 3. Minnesota Statutes 2024, section 268B.01, subdivision 18, is amended to read:
2.27 Subd. 18.Employer.(a) "Employer" means:
2.28 (1) any person, type of organization, or entity, including any partnership, association,
2.29trust, estate, joint stock company, insurance company, limited liability company, or
2.30corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or
2.31the legal representative of a deceased person, having any individual in covered employment;
2Sec. 3.
REVISOR SS/AD 25-0298202/03/25 3.1 (2) the state, state agencies, Minnesota State Colleges and Universities, University of
3.2Minnesota, and other statewide public systems;
3.3 (3) any municipality or local government entity, including but not limited to a county,
3.4city, town, school district, Metropolitan Council, Metropolitan Airports Commission, housing
3.5and redevelopment authority, port authority, economic development authority, sports facilities
3.6authority, board or commission, joint powers board or organization created under section
3.7471.59, destination medical center corporation, municipal corporation, quasimunicipal
3.8corporation, or other political subdivision. An employer also includes charter schools; and
3.9 (4) the taxpaying employer as described in section 268.046, subdivision 1.
3.10 (b) Employer does not include:
3.11 (1) the United States of America; or
3.12 (2) a self-employed individual who has elected and been approved for coverage under
3.13section 268B.11 with regard to the self-employed individual's own coverage and benefits.;
3.14or
3.15 (3) a farmer, family farm, or family farm corporation who employs: (i) five or fewer
3.16employees; or (ii) an individual to provide physical labor on or management of a farm for
3.1728 days or fewer each year.
3Sec. 3.
REVISOR SS/AD 25-0298202/03/25