Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2399 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; exempting small local government employers from the
3	3	1.3 Minnesota Paid Leave Law; amending Minnesota Statutes 2024, section 268B.01,
4	4	1.4 subdivisions 15, 17, 18.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2024, section 268B.01, subdivision 15, is amended to read:
7	7	1.7 Subd. 15.Covered employment.(a) "Covered employment" means performing services
8	8	1.8of whatever nature, unlimited by the relationship of master and servant as known to the
9	9	1.9common law, or any other legal relationship performed for wages or under any contract
10	10	1.10calling for the performance of services, written or oral, express or implied.
11	11	1.11 (b) For the purposes of this chapter, covered employment means an employee's entire
12	12	1.12employment during a calendar year if:
13	13	1.13 (1) 50 percent or more of the employment during the calendar year is performed in
14	14	1.14Minnesota; or
15	15	1.15 (2) 50 percent or more of the employment during the calendar year is not performed in
16	16	1.16Minnesota or any other single state within the United States, or United States territory or
17	17	1.17foreign nation, but some of the employment is performed in Minnesota and the employee's
18	18	1.18residence is in Minnesota during 50 percent or more of the calendar year.
19	19	1.19 (c) "Covered employment" does not include:
20	20	1.20 (1) a self-employed individual;
21	21	1.21 (2) an independent contractor; or
22	22	1Section 1.
23	23	25-03099 as introduced02/03/25 REVISOR SS/MI
24	24	SENATE
25	25	STATE OF MINNESOTA
26	26	S.F. No. 2399NINETY-FOURTH SESSION
27	27	(SENATE AUTHORS: KORAN, Bahr and Drazkowski)
28	28	OFFICIAL STATUSD-PGDATE
29	29	Introduction and first reading03/13/2025
30	30	Referred to Jobs and Economic Development 2.1 (3) employment by a seasonal employee, as defined in subdivision 35.; or
31	31	2.2 (4) employment by any municipality or local government entity with 50 employees or
32	32	2.3fewer as calculated under section 268B.14, subdivision 5b, including but not limited to a
33	33	2.4county, city, town, school district, Metropolitan Council, Metropolitan Airports Commission,
34	34	2.5housing and redevelopment authority, port authority, economic development authority,
35	35	2.6sports facilities authority, board or commission, joint powers board or organization created
36	36	2.7under section 471.59, destination medical center corporation, municipal corporation,
37	37	2.8quasimunicipal corporation, charter school, or other political subdivision.
38	38	2.9 (d) Entities that are excluded under this section may opt in to coverage following a
39	39	2.10procedure determined by the commissioner. In such cases, services provided by employees
40	40	2.11are considered covered employment under subdivision 15.
41	41	2.12 (e) The commissioner may adopt rules in accordance with chapter 14 to:
42	42	2.13 (1) further define the application of this subdivision; and
43	43	2.14 (2) establish the criteria for covered employment for individuals that do not meet the
44	44	2.15criteria in paragraphs (a) and (b), but that perform services as an employee to a Minnesota
45	45	2.16employer.
46	46	2.17 Sec. 2. Minnesota Statutes 2024, section 268B.01, subdivision 17, is amended to read:
47	47	2.18 Subd. 17.Employee.(a) "Employee" means an individual who performs services of
48	48	2.19whatever nature for an employer.
49	49	2.20 (b) Employee does not include employees of the United States of America, self-employed
50	50	2.21individuals, or independent contractors.
51	51	2.22 (c) Employee does not include seasonal employees as defined in subdivision 35.
52	52	2.23 (d) Employee does not include employees of any municipality or local government entity
53	53	2.24with 50 employees or fewer as calculated under section 268B.14, subdivision 5b, including
54	54	2.25but not limited to a county, city, town, school district, Metropolitan Council, Metropolitan
55	55	2.26Airports Commission, housing and redevelopment authority, port authority, economic
56	56	2.27development authority, sports facilities authority, board or commission, joint powers board
57	57	2.28or organization created under section 471.59, destination medical center corporation,
58	58	2.29municipal corporation, quasimunicipal corporation, charter school, or other political
59	59	2.30subdivision.
60	60	2Sec. 2.
61	61	25-03099 as introduced02/03/25 REVISOR SS/MI 3.1 Sec. 3. Minnesota Statutes 2024, section 268B.01, subdivision 18, is amended to read:
62	62	3.2 Subd. 18.Employer.(a) "Employer" means:
63	63	3.3 (1) any person, type of organization, or entity, including any partnership, association,
64	64	3.4trust, estate, joint stock company, insurance company, limited liability company, or
65	65	3.5corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or
66	66	3.6the legal representative of a deceased person, having any individual in covered employment;
67	67	3.7 (2) the state, state agencies, Minnesota State Colleges and Universities, University of
68	68	3.8Minnesota, and other statewide public systems;
69	69	3.9 (3) any municipality or local government entity with more than 50 employees as
70	70	3.10calculated under section 268B.14, subdivision 5b, including but not limited to a county,
71	71	3.11city, town, school district, Metropolitan Council, Metropolitan Airports Commission, housing
72	72	3.12and redevelopment authority, port authority, economic development authority, sports facilities
73	73	3.13authority, board or commission, joint powers board or organization created under section
74	74	3.14471.59, destination medical center corporation, municipal corporation, quasimunicipal
75	75	3.15corporation, or other political subdivision. An employer also includes charter schools; and
76	76	3.16 (4) the taxpaying employer as described in section 268.046, subdivision 1.
77	77	3.17 (b) Employer does not include:
78	78	3.18 (1) the United States of America; or
79	79	3.19 (2) a self-employed individual who has elected and been approved for coverage under
80	80	3.20section 268B.11 with regard to the self-employed individual's own coverage and benefits.;
81	81	3.21or
82	82	3.22 (3) any municipality or local government entity with 50 employees or fewer as calculated
83	83	3.23under section 268B.14, subdivision 5b, including but not limited to a county, city, town,
84	84	3.24school district, Metropolitan Council, Metropolitan Airports Commission, housing and
85	85	3.25redevelopment authority, port authority, economic development authority, sports facilities
86	86	3.26authority, board or commission, joint powers board or organization created under section
87	87	3.27471.59, destination medical center corporation, municipal corporation, quasimunicipal
88	88	3.28corporation, charter school, or other political subdivision.
89	89	3Sec. 3.
90	90	25-03099 as introduced02/03/25 REVISOR SS/MI