Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2361 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	25-04299 as introduced02/25/25 REVISOR SS/VJ
24	24	SENATE
25	25	STATE OF MINNESOTA
26	26	S.F. No. 2361NINETY-FOURTH SESSION
27	27	(SENATE AUTHORS: OUMOU VERBETEN, McEwen and Kupec)
28	28	OFFICIAL STATUSD-PGDATE
29	29	Introduction and first reading03/10/2025
30	30	Referred to Jobs and Economic Development 2.1 (iii) the amount of any payment required from the employer under this chapter or section
31	31	2.2116L.20 that was not paid.
32	32	2.3 (b) The commissioner must penalize an employer if that employer failed or refused to
33	33	2.4honor a subpoena issued under section 268.188. The penalty is $500 and any costs of
34	34	2.5enforcing the subpoena, including attorney fees.
35	35	2.6 (c) An additional penalty of up to $10,000 may be imposed for each individual the
36	36	2.7employer failed to classify, represent, or treat as an employee pursuant to Minnesota Rules,
37	37	2.8part 3315.0555.
38	38	2.9 (c) (d) Penalties under this subdivision and under section 268.047, subdivision 4,
39	39	2.10paragraph (b), are in addition to any other penalties and subject to the same collection
40	40	2.11procedures that apply to past due taxes. Penalties must be paid within 30 calendar days of
41	41	2.12issuance of the determination of penalty and credited to the trust fund.
42	42	2.13 (d) (e) The determination of penalty is final unless the employer files an appeal within
43	43	2.1445 calendar days after the sending of the determination of penalty to the employer by mail
44	44	2.15or electronic transmission. Proceedings on the appeal are conducted in accordance with
45	45	2.16section 268.105.
46	46	2.17 Sec. 2. Minnesota Statutes 2024, section 268B.19, is amended to read:
47	47	2.18 268B.19 EMPLOYER MISCONDUCT; PENALTY.
48	48	2.19 (a) The commissioner must penalize an employer if that employer or any employee,
49	49	2.20officer, or agent of that employer is in collusion with any applicant for the purpose of
50	50	2.21assisting the applicant in receiving benefits fraudulently. The penalty is $500 or the amount
51	51	2.22of benefits determined to be overpaid, whichever is greater.
52	52	2.23 (b) The commissioner must penalize an employer if that employer or any employee,
53	53	2.24officer, or agent of that employer:
54	54	2.25 (1) made a false statement or representation knowing it to be false;
55	55	2.26 (2) made a false statement or representation without a good-faith belief as to the
56	56	2.27correctness of the statement or representation; or
57	57	2.28 (3) knowingly failed to disclose a material fact.
58	58	2.29 (c) The penalty is the greater of $500 or 50 100 percent of the following resulting from
59	59	2.30the employer's action:
60	60	2.31 (1) the amount of any overpaid benefits to an applicant;
61	61	2Sec. 2.
62	62	25-04299 as introduced02/25/25 REVISOR SS/VJ 3.1 (2) the amount of benefits not paid to an applicant that would otherwise have been paid;
63	63	3.2or
64	64	3.3 (3) the amount of any payment required from the employer under this chapter that was
65	65	3.4not paid.
66	66	3.5 (d) An additional penalty of up to $10,000 may be imposed for each individual the
67	67	3.6employer failed to classify, represent, or treat as an employee pursuant to Minnesota Rules,
68	68	3.7part 5200.0221.
69	69	3.8 (d) (e) Penalties must be paid within 30 calendar days of issuance of the determination
70	70	3.9of penalty and credited to the family and medical benefit insurance account.
71	71	3Sec. 2.
72	72	25-04299 as introduced02/25/25 REVISOR SS/VJ