1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to employment; making employer participation in earned sick and safe |
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3 | 3 | | 1.3 time benefits permissive; amending Minnesota Statutes 2024, section 181.9445, |
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4 | 4 | | 1.4 subdivisions 5, 6. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 181.9445, subdivision 5, is amended to read: |
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7 | 7 | | 1.7 Subd. 5.Employee.(a) "Employee" means any person who is employed by an employer, |
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8 | 8 | | 1.8including temporary and part-time employees, who: |
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9 | 9 | | 1.9 (1) is anticipated by the employer to perform work for at least 80 hours in a year for that |
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10 | 10 | | 1.10employer in Minnesota.; and |
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11 | 11 | | 1.11 (2) the employer chooses to provide benefits for under sections 181.9445 to 181.9448. |
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12 | 12 | | 1.12 (b) Employee does not include: |
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13 | 13 | | 1.13 (1) an independent contractor; |
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14 | 14 | | 1.14 (2) an individual who is a volunteer firefighter or paid on-call firefighter, with a |
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15 | 15 | | 1.15department charged with the prevention or suppression of fires within the boundaries of the |
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16 | 16 | | 1.16state; is a volunteer ambulance attendant as defined in section 144E.001, subdivision 15; |
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17 | 17 | | 1.17or is an ambulance service personnel as defined in section 144E.001, subdivision 3a, who |
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18 | 18 | | 1.18serves in a paid on-call position; |
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19 | 19 | | 1.19 (3) an individual who is an elected official or a person who is appointed to fill a vacancy |
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20 | 20 | | 1.20in an elected office as part of a legislative or governing body of Minnesota or a political |
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21 | 21 | | 1.21subdivision; or |
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22 | 22 | | 1Section 1. |
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23 | 23 | | 25-03701 as introduced02/14/25 REVISOR SS/NS |
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24 | 24 | | SENATE |
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25 | 25 | | STATE OF MINNESOTA |
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26 | 26 | | S.F. No. 2572NINETY-FOURTH SESSION |
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27 | 27 | | (SENATE AUTHORS: WESENBERG, Lucero and Farnsworth) |
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28 | 28 | | OFFICIAL STATUSD-PGDATE |
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29 | 29 | | Introduction and first reading03/17/2025 |
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30 | 30 | | Referred to Labor 2.1 (4) an individual employed by a farmer, family farm, or a family farm corporation to |
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31 | 31 | | 2.2provide physical labor on or management of a farm if the farmer, family farm, or family |
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32 | 32 | | 2.3farm corporation employs the individual to perform work for 28 days or less each year. |
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33 | 33 | | 2.4 Sec. 2. Minnesota Statutes 2024, section 181.9445, subdivision 6, is amended to read: |
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34 | 34 | | 2.5 Subd. 6.Employer."Employer" means a person who has one or more employees that |
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35 | 35 | | 2.6the person chooses to provide benefits for under sections 181.9445 to 181.9448. Employer |
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36 | 36 | | 2.7includes an individual, a corporation, a partnership, an association, a business trust, a |
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37 | 37 | | 2.8nonprofit organization, a group of persons, the state of Minnesota, a county, town, city, |
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38 | 38 | | 2.9school district, or other governmental subdivision. In the case of an employee leasing |
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39 | 39 | | 2.10company or professional employer organization, the taxpaying employer, as described in |
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40 | 40 | | 2.11section 268.046, subdivision 1, remains the employer. In the case of an individual provider |
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41 | 41 | | 2.12within the meaning of section 256B.0711, subdivision 1, paragraph (d), the employer includes |
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42 | 42 | | 2.13any participant within the meaning of section 256B.0711, subdivision 1, paragraph (e), or |
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43 | 43 | | 2.14participant's representative within the meaning of section 256B.0711, subdivision 1, |
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44 | 44 | | 2.15paragraph (f). In the event that a temporary employee is supplied by a staffing agency, |
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45 | 45 | | 2.16absent a contractual agreement stating otherwise, that individual shall be an employee of |
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46 | 46 | | 2.17the staffing agency for all purposes of section 177.50 and sections 181.9445 to 181.9448. |
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47 | 47 | | 2.18Employer does not include the United States government. |
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48 | 48 | | 2Sec. 2. |
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49 | 49 | | 25-03701 as introduced02/14/25 REVISOR SS/NS |
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