Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2145 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to employment; increasing penalties for employer misrepresentation and
3	3	1.3 misconduct; amending Minnesota Statutes 2024, sections 268.184, subdivision 1;
4	4	1.4 268B.19.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2024, section 268.184, subdivision 1, is amended to read:
7	7	1.7 Subdivision 1.Misrepresentation; administrative penalties.(a) The commissioner
8	8	1.8must penalize an employer if that employer or any employee, officer, or agent of that
9	9	1.9employer made a false statement or representation without a good faith belief as to correctness
10	10	1.10of the statement or representation or knowingly failed to disclose a material fact in order
11	11	1.11to:
12	12	1.12 (1) assist an applicant to receive unemployment benefits to which the applicant is not
13	13	1.13entitled;
14	14	1.14 (2) prevent or reduce the payment of unemployment benefits to an applicant; or
15	15	1.15 (3) avoid or reduce any payment required from an employer under this chapter or section
16	16	1.16116L.20.
17	17	1.17The penalty is the greater of $500 or 50 100 percent of the following resulting from the
18	18	1.18employer's action:
19	19	1.19 (i) the amount of any overpaid unemployment benefits to an applicant;
20	20	1.20 (ii) the amount of unemployment benefits not paid to an applicant that would otherwise
21	21	1.21have been paid; or
22	22	1Section 1.
23	23	REVISOR SS/VJ 25-0429902/25/25
24	24	State of Minnesota
25	25	This Document can be made available
26	26	in alternative formats upon request
27	27	HOUSE OF REPRESENTATIVES
28	28	H. F. No. 2145
29	29	NINETY-FOURTH SESSION
30	30	Authored by Greenman and Agbaje03/10/2025
31	31	The bill was read for the first time and referred to the Committee on Workforce, Labor, and Economic Development Finance and Policy 2.1 (iii) the amount of any payment required from the employer under this chapter or section
32	32	2.2116L.20 that was not paid.
33	33	2.3 (b) The commissioner must penalize an employer if that employer failed or refused to
34	34	2.4honor a subpoena issued under section 268.188. The penalty is $500 and any costs of
35	35	2.5enforcing the subpoena, including attorney fees.
36	36	2.6 (c) An additional penalty of up to $10,000 may be imposed for each individual the
37	37	2.7employer failed to classify, represent, or treat as an employee pursuant to Minnesota Rules,
38	38	2.8part 3315.0555.
39	39	2.9 (c) (d) Penalties under this subdivision and under section 268.047, subdivision 4,
40	40	2.10paragraph (b), are in addition to any other penalties and subject to the same collection
41	41	2.11procedures that apply to past due taxes. Penalties must be paid within 30 calendar days of
42	42	2.12issuance of the determination of penalty and credited to the trust fund.
43	43	2.13 (d) (e) The determination of penalty is final unless the employer files an appeal within
44	44	2.1445 calendar days after the sending of the determination of penalty to the employer by mail
45	45	2.15or electronic transmission. Proceedings on the appeal are conducted in accordance with
46	46	2.16section 268.105.
47	47	2.17 Sec. 2. Minnesota Statutes 2024, section 268B.19, is amended to read:
48	48	2.18 268B.19 EMPLOYER MISCONDUCT; PENALTY.
49	49	2.19 (a) The commissioner must penalize an employer if that employer or any employee,
50	50	2.20officer, or agent of that employer is in collusion with any applicant for the purpose of
51	51	2.21assisting the applicant in receiving benefits fraudulently. The penalty is $500 or the amount
52	52	2.22of benefits determined to be overpaid, whichever is greater.
53	53	2.23 (b) The commissioner must penalize an employer if that employer or any employee,
54	54	2.24officer, or agent of that employer:
55	55	2.25 (1) made a false statement or representation knowing it to be false;
56	56	2.26 (2) made a false statement or representation without a good-faith belief as to the
57	57	2.27correctness of the statement or representation; or
58	58	2.28 (3) knowingly failed to disclose a material fact.
59	59	2.29 (c) The penalty is the greater of $500 or 50 100 percent of the following resulting from
60	60	2.30the employer's action:
61	61	2.31 (1) the amount of any overpaid benefits to an applicant;
62	62	2Sec. 2.
63	63	REVISOR SS/VJ 25-0429902/25/25 3.1 (2) the amount of benefits not paid to an applicant that would otherwise have been paid;
64	64	3.2or
65	65	3.3 (3) the amount of any payment required from the employer under this chapter that was
66	66	3.4not paid.
67	67	3.5 (d) An additional penalty of up to $10,000 may be imposed for each individual the
68	68	3.6employer failed to classify, represent, or treat as an employee pursuant to Minnesota Rules,
69	69	3.7part 5200.0221.
70	70	3.8 (d) (e) Penalties must be paid within 30 calendar days of issuance of the determination
71	71	3.9of penalty and credited to the family and medical benefit insurance account.
72	72	3Sec. 2.
73	73	REVISOR SS/VJ 25-0429902/25/25