| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to labor; repealing the Nursing Home Workforce Standards Board; |
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| 3 | 3 | | 1.3 amending Minnesota Statutes 2024, section 177.27, subdivision 7; repealing |
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| 4 | 4 | | 1.4 Minnesota Statutes 2024, sections 181.211; 181.212; 181.213; 181.214; 181.215; |
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| 5 | 5 | | 1.5 181.216; 181.217. |
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| 6 | 6 | | 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 7 | 7 | | 1.7 Section 1. Minnesota Statutes 2024, section 177.27, subdivision 7, is amended to read: |
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| 8 | 8 | | 1.8 Subd. 7.Employer liability.If an employer is found by the commissioner to have |
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| 9 | 9 | | 1.9violated a section identified in subdivision 4, or any rule adopted under section 177.28, |
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| 10 | 10 | | 1.10181.213, or 181.215, and the commissioner issues an order to comply, the commissioner |
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| 11 | 11 | | 1.11shall order the employer to cease and desist from engaging in the violative practice and to |
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| 12 | 12 | | 1.12take such affirmative steps that in the judgment of the commissioner will effectuate the |
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| 13 | 13 | | 1.13purposes of the section or rule violated. In addition to remedies, damages, and penalties |
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| 14 | 14 | | 1.14provided for in the violated section, the commissioner shall order the employer to pay to |
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| 15 | 15 | | 1.15the aggrieved parties back pay, gratuities, and compensatory damages, less any amount |
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| 16 | 16 | | 1.16actually paid to the aggrieved parties by the employer, and for an additional equal amount |
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| 17 | 17 | | 1.17as liquidated damages. The commissioner may also order reinstatement and any other |
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| 18 | 18 | | 1.18appropriate relief to the aggrieved parties. Any employer who is found by the commissioner |
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| 19 | 19 | | 1.19to have repeatedly or willfully violated a section or sections identified in subdivision 4 shall |
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| 20 | 20 | | 1.20be subject to an additional civil penalty of up to $10,000 for each violation for each employee. |
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| 21 | 21 | | 1.21In determining the amount of a civil penalty under this subdivision, the appropriateness of |
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| 22 | 22 | | 1.22such penalty to the size of the employer's business and the gravity of the violation shall be |
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| 23 | 23 | | 1.23considered. In addition, the commissioner may order the employer to reimburse the |
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| 24 | 24 | | 1.24department and the attorney general for all appropriate litigation and hearing costs expended |
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| 25 | 25 | | 1Section 1. |
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| 26 | 26 | | 25-02233 as introduced01/16/25 REVISOR SS/AC |
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| 27 | 27 | | SENATE |
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| 28 | 28 | | STATE OF MINNESOTA |
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| 29 | 29 | | S.F. No. 1531NINETY-FOURTH SESSION |
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| 30 | 30 | | (SENATE AUTHORS: HOUSLEY, Rasmusson and Utke) |
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| 31 | 31 | | OFFICIAL STATUSD-PGDATE |
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| 32 | 32 | | Introduction and first reading02/17/2025 |
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| 33 | 33 | | Referred to Labor 2.1in preparation for and in conducting the contested case proceeding, unless payment of costs |
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| 34 | 34 | | 2.2would impose extreme financial hardship on the employer. If the employer is able to establish |
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| 35 | 35 | | 2.3extreme financial hardship, then the commissioner may order the employer to pay a |
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| 36 | 36 | | 2.4percentage of the total costs that will not cause extreme financial hardship. Costs include |
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| 37 | 37 | | 2.5but are not limited to the costs of services rendered by the attorney general, private attorneys |
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| 38 | 38 | | 2.6if engaged by the department, administrative law judges, court reporters, and expert witnesses |
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| 39 | 39 | | 2.7as well as the cost of transcripts. Interest shall accrue on, and be added to, the unpaid balance |
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| 40 | 40 | | 2.8of a commissioner's order from the date the order is signed by the commissioner until it is |
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| 41 | 41 | | 2.9paid, at an annual rate provided in section 549.09, subdivision 1, paragraph (c). The |
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| 42 | 42 | | 2.10commissioner may establish escrow accounts for purposes of distributing remedies and |
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| 43 | 43 | | 2.11damages. |
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| 44 | 44 | | 2.12 Sec. 2. REPEALER. |
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| 45 | 45 | | 2.13 Minnesota Statutes 2024, sections 181.211; 181.212; 181.213; 181.214; 181.215; 181.216; |
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| 46 | 46 | | 2.14and 181.217, are repealed. |
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| 47 | 47 | | 2Sec. 2. |
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| 48 | 48 | | 25-02233 as introduced01/16/25 REVISOR SS/AC 181.211 DEFINITIONS. |
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| 49 | 49 | | Subdivision 1.Application.The terms defined in this section apply to sections 181.211 to |
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| 50 | 50 | | 181.217. |
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| 51 | 51 | | Subd. 2.Board."Board" means the Minnesota Nursing Home Workforce Standards Board |
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| 52 | 52 | | established under section 181.212. |
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| 53 | 53 | | Subd. 3.Certified worker organization."Certified worker organization" means a worker |
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| 54 | 54 | | organization that is certified by the board to conduct nursing home worker trainings under section |
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| 55 | 55 | | 181.214. |
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| 56 | 56 | | Subd. 4.Commissioner."Commissioner" means the commissioner of labor and industry. |
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| 57 | 57 | | Subd. 5.Compensation."Compensation" means all income and benefits paid by a nursing |
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| 58 | 58 | | home employer to a nursing home worker or on behalf of a nursing home worker, including but |
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| 59 | 59 | | not limited to wages, bonuses, differentials, paid leave, pay for scheduling changes, and pay for |
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| 60 | 60 | | training or occupational certification. |
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| 61 | 61 | | Subd. 6.Employer organization."Employer organization" means: |
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| 62 | 62 | | (1) an organization that is exempt from federal income taxation under section 501(c)(6) of the |
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| 63 | 63 | | Internal Revenue Code and that represents nursing home employers; or |
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| 64 | 64 | | (2) an entity that employers, who together employ a majority of nursing home workers in |
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| 65 | 65 | | Minnesota, have selected as a representative. |
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| 66 | 66 | | Subd. 7.Nursing home."Nursing home" means a nursing home licensed under chapter 144A, |
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| 67 | 67 | | or a boarding care home licensed under sections 144.50 to 144.56. |
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| 68 | 68 | | Subd. 8.Nursing home employer."Nursing home employer" means an employer of nursing |
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| 69 | 69 | | home workers in a licensed, Medicaid-certified facility that is reimbursed under chapter 256R. |
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| 70 | 70 | | Subd. 9.Nursing home worker."Nursing home worker" means any worker who provides |
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| 71 | 71 | | services in a nursing home in Minnesota, including direct care staff, non-direct care staff, and |
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| 72 | 72 | | contractors, but excluding administrative staff, medical directors, nursing directors, physicians, and |
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| 73 | 73 | | individuals employed by a supplemental nursing services agency. |
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| 74 | 74 | | Subd. 10.Worker organization."Worker organization" means an organization that is exempt |
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| 75 | 75 | | from federal income taxation under section 501(c)(3), 501(c)(4), or 501(c)(5) of the Internal Revenue |
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| 76 | 76 | | Code, that is not dominated or interfered with by any nursing home employer within the meaning |
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| 77 | 77 | | of United States Code, title 29, section 158a(2), and that has at least five years of demonstrated |
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| 78 | 78 | | experience engaging with and advocating for nursing home workers. |
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| 79 | 79 | | 181.212 MINNESOTA NURSING HOME WORKFORCE STANDARDS BOARD; |
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| 80 | 80 | | ESTABLISHMENT. |
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| 81 | 81 | | Subdivision 1.Board established; membership.(a) The Minnesota Nursing Home Workforce |
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| 82 | 82 | | Standards Board is created with the powers and duties established by law. The board is composed |
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| 83 | 83 | | of the following voting members: |
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| 84 | 84 | | (1) the commissioner of human services or a designee; |
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| 85 | 85 | | (2) the commissioner of health or a designee; |
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| 86 | 86 | | (3) the commissioner of labor and industry or a designee; |
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| 87 | 87 | | (4) three members who represent nursing home employers or employer organizations, appointed |
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| 88 | 88 | | by the governor in accordance with section 15.066; and |
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| 89 | 89 | | (5) three members who represent nursing home workers or worker organizations, appointed by |
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| 90 | 90 | | the governor in accordance with section 15.066. |
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| 91 | 91 | | (b) In making appointments under clause (4), the governor shall consider the geographic |
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| 92 | 92 | | distribution of nursing homes within the state. |
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| 93 | 93 | | Subd. 2.Terms; vacancies.(a) Board members appointed under subdivision 1, clause (4) or |
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| 94 | 94 | | (5), shall serve four-year terms following the initial staggered-lot determination. |
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| 95 | 95 | | (b) For members appointed under subdivision 1, clause (4) or (5), the governor shall fill vacancies |
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| 96 | 96 | | occurring prior to the expiration of a member's term by appointment for the unexpired term. A |
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| 97 | 97 | | 1R |
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| 98 | 98 | | APPENDIX |
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| 99 | 99 | | Repealed Minnesota Statutes: 25-02233 member appointed under subdivision 1, clause (4) or (5), must not be appointed to more than two |
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| 100 | 100 | | consecutive terms. |
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| 101 | 101 | | (c) A member serves until a successor is appointed. |
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| 102 | 102 | | Subd. 3.Chairperson.The board shall elect a member by majority vote to serve as its |
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| 103 | 103 | | chairperson and shall determine the term to be served by the chairperson. |
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| 104 | 104 | | Subd. 4.Staffing.The commissioner may employ an executive director for the board and other |
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| 105 | 105 | | personnel to carry out duties of the board under sections 181.211 to 181.217. |
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| 106 | 106 | | Subd. 5.Board compensation.Compensation of board members is governed by section 15.0575. |
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| 107 | 107 | | Subd. 6.Application of other laws.Meetings of the board are subject to chapter 13D. The |
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| 108 | 108 | | board is subject to chapter 13. The board shall comply with section 15.0597. |
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| 109 | 109 | | Subd. 7.Voting.The affirmative vote of five board members is required for the board to take |
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| 110 | 110 | | any action, including actions necessary to establish minimum nursing home employment standards |
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| 111 | 111 | | under section 181.213. At least two of the five affirmative votes must be cast by the commissioner |
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| 112 | 112 | | members or the commissioner's appointees. |
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| 113 | 113 | | Subd. 8.Hearings and investigations.To carry out its duties, the board shall hold public |
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| 114 | 114 | | hearings on, and conduct investigations into, working conditions in the nursing home industry in |
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| 115 | 115 | | accordance with section 181.213. |
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| 116 | 116 | | Subd. 9.Department support.The commissioner shall provide staff support to the board. The |
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| 117 | 117 | | support includes professional, legal, technical, and clerical staff necessary to perform rulemaking |
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| 118 | 118 | | and other duties assigned to the board. The commissioner shall supply necessary office space and |
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| 119 | 119 | | supplies to assist the board in its duties. |
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| 120 | 120 | | Subd. 10.Antitrust compliance.The board shall establish operating procedures that meet all |
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| 121 | 121 | | state and federal antitrust requirements and may prohibit board member access to data to meet the |
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| 122 | 122 | | requirements of this subdivision. |
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| 123 | 123 | | Subd. 11.Annual report.By December 1, 2023, and each December 1 thereafter, the executive |
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| 124 | 124 | | director of the board shall submit a report to the chairs and ranking minority members of the house |
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| 125 | 125 | | of representatives and senate committees with jurisdiction over labor and human services on any |
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| 126 | 126 | | actions taken and any standards adopted by the board. |
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| 127 | 127 | | 181.213 DUTIES OF THE BOARD; MINIMUM NURSING HOME EMPLOYMENT |
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| 128 | 128 | | STANDARDS. |
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| 129 | 129 | | Subdivision 1.Authority to establish minimum nursing home employment standards.(a) |
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| 130 | 130 | | The board must adopt rules establishing minimum nursing home employment standards that are |
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| 131 | 131 | | reasonably necessary and appropriate to protect the health and welfare of nursing home workers, |
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| 132 | 132 | | to ensure that nursing home workers are properly trained about and fully informed of their rights |
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| 133 | 133 | | under sections 181.211 to 181.217, and to otherwise satisfy the purposes of sections 181.211 to |
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| 134 | 134 | | 181.217. Standards established by the board must include standards on compensation for nursing |
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| 135 | 135 | | home workers, and may include recommendations under paragraph (c). The board may not adopt |
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| 136 | 136 | | standards that are less protective of or beneficial to nursing home workers as any other applicable |
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| 137 | 137 | | statute or rule or any standard previously established by the board unless there is a determination |
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| 138 | 138 | | by the board under subdivision 2 that existing standards exceed the operating payment rate and |
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| 139 | 139 | | external fixed costs payment rates included in the most recent budget and economic forecast |
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| 140 | 140 | | completed under section 16A.103. In establishing standards under this section, the board must |
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| 141 | 141 | | establish statewide standards, and may adopt standards that apply to specific nursing home |
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| 142 | 142 | | occupations. |
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| 143 | 143 | | (b) The board must adopt rules establishing initial standards for wages for nursing home workers |
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| 144 | 144 | | no later than November 1, 2024. The board may use the authority in section 14.389 to adopt rules |
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| 145 | 145 | | under this paragraph. The board shall consult with the department in the development of these |
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| 146 | 146 | | standards prior to beginning the rule adoption process. |
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| 147 | 147 | | (c) To the extent that any minimum standards that the board finds are reasonably necessary and |
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| 148 | 148 | | appropriate to protect the health and welfare of nursing home workers fall within the jurisdiction |
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| 149 | 149 | | of chapter 182, the board shall not adopt rules establishing the standards but shall instead recommend |
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| 150 | 150 | | the occupational health and safety standards to the commissioner. The commissioner shall adopt |
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| 151 | 151 | | nursing home health and safety standards under section 182.655 as recommended by the board, |
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| 152 | 152 | | unless the commissioner determines that the recommended standard is outside the statutory authority |
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| 153 | 153 | | 2R |
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| 154 | 154 | | APPENDIX |
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| 155 | 155 | | Repealed Minnesota Statutes: 25-02233 of the commissioner, presents enforceability challenges, is infeasible to implement, or is otherwise |
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| 156 | 156 | | unlawful and issues a written explanation of this determination. |
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| 157 | 157 | | Subd. 2.Investigation of market conditions.(a) The board must investigate market conditions |
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| 158 | 158 | | and the existing wages, benefits, and working conditions of nursing home workers for specific |
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| 159 | 159 | | geographic areas of the state and specific nursing home occupations. Based on this information, |
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| 160 | 160 | | the board must seek to adopt minimum nursing home employment standards that meet or exceed |
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| 161 | 161 | | existing industry conditions for a majority of nursing home workers in the relevant geographic area |
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| 162 | 162 | | and nursing home occupation. Except for standards exceeding the threshold determined in paragraph |
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| 163 | 163 | | (d), initial employment standards established by the board are effective beginning January 1, 2025, |
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| 164 | 164 | | and shall remain in effect until any subsequent standards are adopted by rules. |
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| 165 | 165 | | (b) The board must consider the following types of information in making determinations that |
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| 166 | 166 | | employment standards are reasonably necessary to protect the health and welfare of nursing home |
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| 167 | 167 | | workers: |
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| 168 | 168 | | (1) wage rate and benefit data collected by or submitted to the board for nursing home workers |
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| 169 | 169 | | in the relevant geographic area and nursing home occupations; |
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| 170 | 170 | | (2) statements showing wage rates and benefits paid to nursing home workers in the relevant |
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| 171 | 171 | | geographic area and nursing home occupations; |
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| 172 | 172 | | (3) signed collective bargaining agreements applicable to nursing home workers in the relevant |
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| 173 | 173 | | geographic area and nursing home occupations; |
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| 174 | 174 | | (4) testimony and information from current and former nursing home workers, worker |
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| 175 | 175 | | organizations, nursing home employers, and employer organizations; |
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| 176 | 176 | | (5) local minimum nursing home employment standards; |
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| 177 | 177 | | (6) information submitted by or obtained from state and local government entities; and |
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| 178 | 178 | | (7) any other information pertinent to establishing minimum nursing home employment standards. |
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| 179 | 179 | | (c) In considering wage and benefit increases, the board must determine the impact of nursing |
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| 180 | 180 | | home operating payment rates determined pursuant to section 256R.21, subdivision 3, and the |
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| 181 | 181 | | employee benefits portion of the external fixed costs payment rate determined pursuant to section |
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| 182 | 182 | | 256R.25. If the board, in consultation with the commissioner of human services, determines the |
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| 183 | 183 | | operating payment rate and employee benefits portion of the external fixed costs payment rate will |
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| 184 | 184 | | increase to comply with the new employment standards, the board shall report to the legislature the |
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| 185 | 185 | | increase in funding needed to increase payment rates to comply with the new employment standards |
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| 186 | 186 | | and must make implementation of any new nursing home employment standards contingent upon |
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| 187 | 187 | | an appropriation, as determined by sections 256R.21 and 256R.25, to fund the rate increase necessary |
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| 188 | 188 | | to comply with the new employment standards. |
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| 189 | 189 | | (d) In evaluating the impact of the employment standards on payment rates determined by |
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| 190 | 190 | | sections 256R.21 and 256R.25, the board, in consultation with the commissioner of human services, |
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| 191 | 191 | | must consider the following: |
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| 192 | 192 | | (1) the statewide average wage rates for employees pursuant to section 256R.10, subdivision |
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| 193 | 193 | | 5, and benefit rates pursuant to section 256R.02, subdivisions 18 and 22, as determined by the |
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| 194 | 194 | | annual Medicaid cost report used to determine the operating payment rate and the employee benefits |
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| 195 | 195 | | portion of the external fixed costs payment rate for the first day of the calendar year immediately |
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| 196 | 196 | | following the date the board has established minimum wage and benefit levels; |
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| 197 | 197 | | (2) compare the results of clause (1) to the operating payment rate and employee benefits portion |
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| 198 | 198 | | of the external fixed costs payment rate increase for the first day of the second calendar year after |
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| 199 | 199 | | the adoption of any nursing home employment standards included in the most recent budget and |
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| 200 | 200 | | economic forecast completed under section 16A.103; and |
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| 201 | 201 | | (3) if the established nursing home employment standards result in an increase in costs that |
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| 202 | 202 | | exceed the operating payment rate and external fixed costs payment rate increase included in the |
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| 203 | 203 | | most recent budget and economic forecast completed under section 16A.103, effective on the |
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| 204 | 204 | | proposed implementation date of the new nursing home employment standards, the board must |
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| 205 | 205 | | determine if the rates will need to be increased to meet the new employment standards and the |
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| 206 | 206 | | standards must not be effective until an appropriation sufficient to cover the rate increase and federal |
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| 207 | 207 | | approval of the rate increase is obtained. |
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| 208 | 208 | | 3R |
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| 209 | 209 | | APPENDIX |
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| 210 | 210 | | Repealed Minnesota Statutes: 25-02233 (e) The budget and economic forecasts completed under section 16A.103 shall not assume an |
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| 211 | 211 | | increase in payment rates determined under chapter 256R resulting from the new employment |
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| 212 | 212 | | standards until the board certifies the rates will need to be increased and the legislature appropriates |
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| 213 | 213 | | funding for the increase in payment rates. |
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| 214 | 214 | | Subd. 3.Review of standards.At least once every two years, the board shall: |
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| 215 | 215 | | (1) conduct a full review of the adequacy of the minimum nursing home employment standards |
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| 216 | 216 | | previously established by the board; and |
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| 217 | 217 | | (2) following that review, adopt new rules, amend or repeal existing rules, or make |
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| 218 | 218 | | recommendations to adopt new rules or amend or repeal existing rules for minimum nursing home |
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| 219 | 219 | | employment standards using the expedited rulemaking process in section 14.389, as appropriate to |
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| 220 | 220 | | meet the purposes of sections 181.211 to 181.217. |
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| 221 | 221 | | Subd. 4.Variance and waiver.The board shall adopt procedures for considering temporary |
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| 222 | 222 | | variances and waivers of the established standards for individual nursing homes based on the board's |
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| 223 | 223 | | evaluation of the risk of closure or receivership under section 144A.15, due to compliance with all |
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| 224 | 224 | | or part of an applicable standard. |
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| 225 | 225 | | Subd. 5.Conflict.(a) In the event of a conflict between a standard established by the board in |
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| 226 | 226 | | rule and a rule adopted by another state agency, the rule adopted by the board shall apply to nursing |
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| 227 | 227 | | home workers and nursing home employers. |
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| 228 | 228 | | (b) Notwithstanding paragraph (a), in the event of a conflict between a standard established by |
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| 229 | 229 | | the board in rule and a rule adopted by another state agency, the rule adopted by the other state |
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| 230 | 230 | | agency shall apply to nursing home workers and nursing home employers if the rule adopted by |
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| 231 | 231 | | the other state agency is adopted after the board's standard and the rule adopted by the other state |
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| 232 | 232 | | agency is more protective or beneficial than the board's standard. |
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| 233 | 233 | | (c) Notwithstanding paragraph (a), if the commissioner of health determines that a standard |
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| 234 | 234 | | established by the board in rule or recommended by the board conflicts with requirements in federal |
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| 235 | 235 | | regulations for nursing home certification or with state statutes or rules governing licensure of |
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| 236 | 236 | | nursing homes, the federal regulations or state nursing home licensure statutes or rules shall take |
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| 237 | 237 | | precedence, and the conflicting board standard or rule shall not apply to nursing home workers or |
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| 238 | 238 | | nursing home employers. |
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| 239 | 239 | | Subd. 6.Effect on other agreements.Nothing in sections 181.211 to 181.217 shall be construed |
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| 240 | 240 | | to: |
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| 241 | 241 | | (1) limit the rights of parties to a collective bargaining agreement to bargain and agree with |
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| 242 | 242 | | respect to nursing home employment standards; or |
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| 243 | 243 | | (2) diminish the obligation of a nursing home employer to comply with any contract, collective |
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| 244 | 244 | | bargaining agreement, or employment benefit program or plan that meets or exceeds, and does not |
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| 245 | 245 | | conflict with, the minimum standards and requirements in sections 181.211 to 181.217 or established |
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| 246 | 246 | | by the board. |
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| 247 | 247 | | 181.214 DUTIES OF THE BOARD; TRAINING FOR NURSING HOME WORKERS. |
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| 248 | 248 | | Subdivision 1.Certification of worker organizations.The board shall certify worker |
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| 249 | 249 | | organizations that it finds are qualified to provide training to nursing home workers according to |
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| 250 | 250 | | this section. The board shall by rule establish certification criteria that a worker organization must |
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| 251 | 251 | | meet in order to be certified and provide a process for renewal of certification upon the board's |
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| 252 | 252 | | review of the worker organization's compliance with this section. In adopting rules to establish |
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| 253 | 253 | | certification criteria under this subdivision, the board may use the authority in section 14.389. The |
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| 254 | 254 | | criteria must ensure that a worker organization, if certified, is able to provide: |
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| 255 | 255 | | (1) effective, interactive training on the information required by this section; and |
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| 256 | 256 | | (2) follow-up written materials and responses to inquiries from nursing home workers in the |
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| 257 | 257 | | languages in which nursing home workers are proficient. |
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| 258 | 258 | | Subd. 2.Curriculum.(a) The board shall establish requirements for the curriculum for the |
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| 259 | 259 | | nursing home worker training required by this section. A curriculum must at least provide the |
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| 260 | 260 | | following information to nursing home workers: |
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| 261 | 261 | | (1) the applicable compensation and working conditions in the minimum standards or local |
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| 262 | 262 | | minimum standards established by the board; |
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| 263 | 263 | | 4R |
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| 264 | 264 | | APPENDIX |
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| 265 | 265 | | Repealed Minnesota Statutes: 25-02233 (2) the antiretaliation protections established in section 181.216; |
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| 266 | 266 | | (3) information on how to enforce sections 181.211 to 181.217 and on how to report violations |
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| 267 | 267 | | of sections 181.211 to 181.217 or of standards established by the board, including contact information |
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| 268 | 268 | | for the Department of Labor and Industry, the board, and any local enforcement agencies, and |
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| 269 | 269 | | information on the remedies available for violations; |
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| 270 | 270 | | (4) the purposes and functions of the board and information on upcoming hearings, investigations, |
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| 271 | 271 | | or other opportunities for nursing home workers to become involved in board proceedings; |
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| 272 | 272 | | (5) other rights, duties, and obligations under sections 181.211 to 181.217; |
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| 273 | 273 | | (6) any updates or changes to the information provided according to clauses (1) to (5) since the |
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| 274 | 274 | | most recent training session; |
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| 275 | 275 | | (7) any other information the board deems appropriate to facilitate compliance with sections |
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| 276 | 276 | | 181.211 to 181.217; and |
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| 277 | 277 | | (8) information on labor standards in other applicable local, state, and federal laws, rules, and |
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| 278 | 278 | | ordinances regarding nursing home working conditions or nursing home worker health and safety. |
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| 279 | 279 | | (b) Before establishing initial curriculum requirements, the board must hold at least one public |
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| 280 | 280 | | hearing to solicit input on the requirements. |
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| 281 | 281 | | Subd. 3.Topics covered in training session.A certified worker organization is not required |
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| 282 | 282 | | to cover all of the topics listed in subdivision 2 in a single training session. A curriculum used by |
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| 283 | 283 | | a certified worker organization may provide instruction on each topic listed in subdivision 2 over |
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| 284 | 284 | | the course of up to three training sessions. |
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| 285 | 285 | | Subd. 4.Annual review of curriculum requirements.The board must review the adequacy |
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| 286 | 286 | | of its curriculum requirements at least annually and must revise the requirements as appropriate to |
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| 287 | 287 | | meet the purposes of sections 181.211 to 181.217. As part of each annual review of the curriculum |
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| 288 | 288 | | requirements, the board must hold at least one public hearing to solicit input on the requirements. |
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| 289 | 289 | | Subd. 5.Duties of certified worker organizations.A certified worker organization: |
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| 290 | 290 | | (1) must use a curriculum for its training sessions that meets requirements established by the |
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| 291 | 291 | | board; |
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| 292 | 292 | | (2) must provide trainings that are interactive and conducted in the languages in which the |
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| 293 | 293 | | attending nursing home workers are proficient; |
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| 294 | 294 | | (3) must, at the end of each training session, provide attending nursing home workers with |
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| 295 | 295 | | follow-up written or electronic materials on the topics covered in the training session, in order to |
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| 296 | 296 | | fully inform nursing home workers of their rights and opportunities under sections 181.211 to |
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| 297 | 297 | | 181.217; |
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| 298 | 298 | | (4) must make itself reasonably available to respond to inquiries from nursing home workers |
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| 299 | 299 | | during and after training sessions; and |
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| 300 | 300 | | (5) may conduct surveys of nursing home workers who attend a training session to assess the |
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| 301 | 301 | | effectiveness of the training session and industry compliance with sections 181.211 to 181.217 and |
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| 302 | 302 | | other applicable laws, rules, and ordinances governing nursing home working conditions or worker |
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| 303 | 303 | | health and safety. |
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| 304 | 304 | | Subd. 6.Nursing home employer duties regarding training.(a) A nursing home employer |
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| 305 | 305 | | must submit written documentation to the board to certify that every two years each of its nursing |
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| 306 | 306 | | home workers completes one hour of training that meets the requirements of this section and is |
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| 307 | 307 | | provided by a certified worker organization. A nursing home employer may, but is not required to, |
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| 308 | 308 | | host training sessions on the premises of the nursing home. |
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| 309 | 309 | | (b) If requested by a certified worker organization, a nursing home employer must, after a |
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| 310 | 310 | | training session provided by the certified worker organization, provide the certified worker |
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| 311 | 311 | | organization with the names and contact information of the nursing home workers who attended |
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| 312 | 312 | | the training session, unless a nursing home worker opts out according to paragraph (c). |
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| 313 | 313 | | (c) A nursing home worker may opt out of having the worker's nursing home employer provide |
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| 314 | 314 | | the worker's name and contact information to a certified worker organization that provided a training |
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| 315 | 315 | | session attended by the worker by submitting a written statement to that effect to the nursing home |
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| 316 | 316 | | employer. |
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| 317 | 317 | | 5R |
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| 318 | 318 | | APPENDIX |
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| 319 | 319 | | Repealed Minnesota Statutes: 25-02233 Subd. 7.Training compensation.A nursing home employer must compensate its nursing home |
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| 320 | 320 | | workers at their regular hourly rate of wages and benefits for each hour of training completed as |
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| 321 | 321 | | required by this section and reimburse any reasonable travel expenses associated with attending |
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| 322 | 322 | | training sessions not held on the premises of the nursing home. |
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| 323 | 323 | | 181.215 REQUIRED NOTICES. |
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| 324 | 324 | | Subdivision 1.Provision of notice.(a) Nursing home employers must provide notices informing |
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| 325 | 325 | | nursing home workers of the rights and obligations provided under sections 181.211 to 181.217 of |
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| 326 | 326 | | applicable minimum nursing home employment standards and local minimum standards and that |
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| 327 | 327 | | for assistance and information, nursing home workers should contact the Department of Labor and |
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| 328 | 328 | | Industry. A nursing home employer must provide notice using the same means that the nursing |
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| 329 | 329 | | home employer uses to provide other work-related notices to nursing home workers. Provision of |
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| 330 | 330 | | notice must be at least as conspicuous as: |
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| 331 | 331 | | (1) posting a copy of the notice at each work site where nursing home workers work and where |
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| 332 | 332 | | the notice may be readily seen and reviewed by all nursing home workers working at the site; or |
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| 333 | 333 | | (2) providing a paper or electronic copy of the notice to all nursing home workers and applicants |
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| 334 | 334 | | for employment as a nursing home worker. |
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| 335 | 335 | | (b) The notice required by this subdivision must include text provided by the board that informs |
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| 336 | 336 | | nursing home workers that they may request the notice to be provided in a particular language. The |
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| 337 | 337 | | nursing home employer must provide the notice in the language requested by the nursing home |
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| 338 | 338 | | worker. The board must assist nursing home employers in translating the notice in the languages |
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| 339 | 339 | | requested by their nursing home workers. |
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| 340 | 340 | | Subd. 2.Minimum content and posting requirements.The board must adopt rules under |
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| 341 | 341 | | section 14.389 specifying the minimum content and posting requirements for the notices required |
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| 342 | 342 | | in subdivision 1. The board must make available to nursing home employers a template or sample |
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| 343 | 343 | | notice that satisfies the requirements of this section and rules adopted under this section. |
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| 344 | 344 | | 181.216 RETALIATION PROHIBITED. |
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| 345 | 345 | | (a) A nursing home employer shall not discharge, discipline, penalize, interfere with, threaten, |
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| 346 | 346 | | restrain, coerce, or otherwise retaliate or discriminate against a nursing home worker because the |
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| 347 | 347 | | person has exercised or attempted to exercise rights protected under sections 181.211 to 181.217, |
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| 348 | 348 | | including but not limited to: |
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| 349 | 349 | | (1) exercising any right afforded to the nursing home worker under sections 181.211 to 181.217; |
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| 350 | 350 | | (2) participating in any process or proceeding under sections 181.211 to 181.217, including but |
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| 351 | 351 | | not limited to board hearings, board or department investigations, or other related proceedings; or |
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| 352 | 352 | | (3) attending or participating in the training required by section 181.214. |
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| 353 | 353 | | (b) It shall be unlawful for an employer to: |
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| 354 | 354 | | (1) inform another employer that a nursing home worker or former nursing home worker has |
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| 355 | 355 | | engaged in activities protected under sections 181.211 to 181.217; or |
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| 356 | 356 | | (2) report or threaten to report the actual or suspected citizenship or immigration status of a |
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| 357 | 357 | | nursing home worker, former nursing home worker, or family member of a nursing home worker |
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| 358 | 358 | | to a federal, state, or local agency for exercising or attempting to exercise any right protected under |
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| 359 | 359 | | sections 181.211 to 181.217. |
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| 360 | 360 | | (c) A person found to have experienced retaliation in violation of this section shall be entitled |
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| 361 | 361 | | to back pay and reinstatement to the person's previous position, wages, benefits, hours, and other |
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| 362 | 362 | | conditions of employment. |
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| 363 | 363 | | 181.217 ENFORCEMENT . |
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| 364 | 364 | | Subdivision 1.Minimum nursing home employment standards.Except as provided in section |
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| 365 | 365 | | 181.213, subdivision 5, paragraph (b) or (c), the minimum wages and other compensation established |
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| 366 | 366 | | by the board in rule as minimum nursing home employment standards shall be the minimum wages |
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| 367 | 367 | | and other compensation for nursing home workers or a subgroup of nursing home workers as a |
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| 368 | 368 | | matter of state law. Except as provided in section 181.213, subdivision 5, paragraph (b) or (c), it |
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| 369 | 369 | | shall be unlawful for a nursing home employer to employ a nursing home worker for lower wages |
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| 370 | 370 | | or other compensation than that established as the minimum nursing home employment standards. |
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| 371 | 371 | | 6R |
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| 372 | 372 | | APPENDIX |
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| 373 | 373 | | Repealed Minnesota Statutes: 25-02233 Subd. 2.Investigations.The commissioner may investigate possible violations of sections |
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| 374 | 374 | | 181.214 to 181.217 or of the minimum nursing home employment standards established by the |
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| 375 | 375 | | board whenever it has cause to believe that a violation has occurred, either on the basis of a report |
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| 376 | 376 | | of a suspected violation or on the basis of any other credible information, including violations found |
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| 377 | 377 | | during the course of an investigation. |
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| 378 | 378 | | Subd. 3.Civil action by nursing home worker.(a) One or more nursing home workers may |
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| 379 | 379 | | bring a civil action in district court seeking redress for violations of sections 181.211 to 181.217 |
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| 380 | 380 | | or of any applicable minimum nursing home employment standards or local minimum nursing |
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| 381 | 381 | | home employment standards. Such an action may be filed in the district court of the county where |
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| 382 | 382 | | a violation or violations are alleged to have been committed or where the nursing home employer |
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| 383 | 383 | | resides, or in any other court of competent jurisdiction, and may represent a class of similarly |
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| 384 | 384 | | situated nursing home workers. |
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| 385 | 385 | | (b) Upon a finding of one or more violations, a nursing home employer shall be liable to each |
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| 386 | 386 | | nursing home worker for the full amount of the wages, benefits, and overtime compensation, less |
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| 387 | 387 | | any amount the nursing home employer is able to establish was actually paid to each nursing home |
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| 388 | 388 | | worker, and for an additional equal amount as liquidated damages. In an action under this subdivision, |
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| 389 | 389 | | nursing home workers may seek damages and other appropriate relief provided by section 177.27, |
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| 390 | 390 | | subdivision 7, or otherwise provided by law, including reasonable costs, disbursements, witness |
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| 391 | 391 | | fees, and attorney fees. A court may also issue an order requiring compliance with sections 181.211 |
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| 392 | 392 | | to 181.217 or with the applicable minimum nursing home employment standards or local minimum |
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| 393 | 393 | | nursing home employment standards. A nursing home worker found to have experienced retaliation |
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| 394 | 394 | | in violation of section 181.216 shall be entitled to back pay and reinstatement to the worker's |
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| 395 | 395 | | previous position, wages, benefits, hours, and other conditions of employment. |
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| 396 | 396 | | (c) An agreement between a nursing home employer and nursing home worker or labor union |
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| 397 | 397 | | that fails to meet the minimum standards and requirements in sections 181.211 to 181.217 or |
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| 398 | 398 | | established by the board is not a defense to an action brought under this subdivision. |
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| 399 | 399 | | 7R |
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| 400 | 400 | | APPENDIX |
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| 401 | 401 | | Repealed Minnesota Statutes: 25-02233 |
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