1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to labor; exempting full-time graduate students from the definition of |
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3 | 3 | | 1.3 public employee; amending Minnesota Statutes 2024, section 179A.03, subdivision |
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4 | 4 | | 1.4 14. |
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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 179A.03, subdivision 14, is amended to read: |
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7 | 7 | | 1.7 Subd. 14.Public employee or employee.(a) "Public employee" or "employee" means |
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8 | 8 | | 1.8any person appointed or employed by a public employer except: |
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9 | 9 | | 1.9 (1) elected public officials; |
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10 | 10 | | 1.10 (2) election officers; |
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11 | 11 | | 1.11 (3) commissioned or enlisted personnel of the Minnesota National Guard; |
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12 | 12 | | 1.12 (4) emergency employees who are employed for emergency work caused by natural |
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13 | 13 | | 1.13disaster; |
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14 | 14 | | 1.14 (5) part-time employees whose service does not exceed the lesser of 14 hours per week |
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15 | 15 | | 1.15or 35 percent of the normal work week in the employee's appropriate unit; |
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16 | 16 | | 1.16 (6) employees, other than those working in a school as a paraprofessional or other |
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17 | 17 | | 1.17noninstructional position, whose positions are temporary or seasonal in character and are |
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18 | 18 | | 1.18not for more than 67 working days in any calendar year. |
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19 | 19 | | 1.19 (7) full-time students under the age of 22, enrolled in a nonprofit or public educational |
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20 | 20 | | 1.20institution prior to being hired by the employer, excluding employment by the Board of |
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21 | 21 | | 1.21Regents of the University of Minnesota, whose positions are temporary or seasonal in |
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22 | 22 | | 1Section 1. |
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23 | 23 | | 25-05051 as introduced03/19/25 REVISOR VH/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. 2952NINETY-FOURTH SESSION |
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27 | 27 | | (SENATE AUTHORS: OUMOU VERBETEN) |
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28 | 28 | | OFFICIAL STATUSD-PGDATE |
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29 | 29 | | Introduction and first reading03/24/2025 |
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30 | 30 | | Referred to Labor 2.1character and are not for more than 100 working days in any calendar year, and who have |
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31 | 31 | | 2.2indicated, either in an application for employment or by being enrolled at an educational |
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32 | 32 | | 2.3institution for the next academic year or term, an intention to continue as students during |
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33 | 33 | | 2.4or after their temporary employment; |
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34 | 34 | | 2.5 (8) employees providing services for not more than two consecutive quarters to the |
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35 | 35 | | 2.6Board of Trustees of the Minnesota State Colleges and Universities under the terms of a |
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36 | 36 | | 2.7professional or technical services contract as defined in section 16C.08, subdivision 1; |
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37 | 37 | | 2.8 (9) employees of charitable hospitals as defined by section 179.35, subdivision 3, except |
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38 | 38 | | 2.9that employees of charitable hospitals as defined by section 179.35, subdivision 3, are public |
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39 | 39 | | 2.10employees for purposes of sections 179A.051, 179A.052, and 179A.13; |
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40 | 40 | | 2.11 (10) full-time undergraduate or graduate students employed by the school, excluding |
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41 | 41 | | 2.12employment by the Board of Regents of the University of Minnesota, which they attend |
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42 | 42 | | 2.13under a work-study program or in connection with the receipt of financial aid, irrespective |
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43 | 43 | | 2.14of number of hours of service per week; |
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44 | 44 | | 2.15 (11) an individual who is employed for less than 300 hours in a fiscal year as an instructor |
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45 | 45 | | 2.16in an adult vocational education program; |
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46 | 46 | | 2.17 (12) with respect to court employees: |
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47 | 47 | | 2.18 (i) personal secretaries to judges; |
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48 | 48 | | 2.19 (ii) law clerks; |
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49 | 49 | | 2.20 (iii) managerial employees; |
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50 | 50 | | 2.21 (iv) confidential employees; and |
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51 | 51 | | 2.22 (v) supervisory employees; or |
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52 | 52 | | 2.23 (13) with respect to employees of Hennepin Healthcare System, Inc., managerial, |
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53 | 53 | | 2.24supervisory, and confidential employees. |
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54 | 54 | | 2.25 (b) The following individuals are public employees regardless of the exclusions of |
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55 | 55 | | 2.26paragraph (a), clauses (5) to (8) and (10): |
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56 | 56 | | 2.27 (1) an employee hired by a school district or the Board of Trustees of the Minnesota |
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57 | 57 | | 2.28State Colleges and Universities except at the university established in the Twin Cities |
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58 | 58 | | 2.29metropolitan area under section 136F.10 or for community services or community education |
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59 | 59 | | 2.30instruction offered on a noncredit basis: (i) to replace an absent teacher or faculty member |
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60 | 60 | | 2.31who is a public employee, where the replacement employee is employed more than 30 |
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61 | 61 | | 2.32working days as a replacement for that teacher or faculty member; or (ii) to take a teaching |
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62 | 62 | | 2Section 1. |
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63 | 63 | | 25-05051 as introduced03/19/25 REVISOR VH/NS 3.1position created due to increased enrollment, curriculum expansion, courses which are a |
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64 | 64 | | 3.2part of the curriculum whether offered annually or not, or other appropriate reasons; |
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65 | 65 | | 3.3 (2) an employee hired for a position under paragraph (a), clause (6), if that same position |
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66 | 66 | | 3.4has already been filled under paragraph (a), clause (6), in the same calendar year and the |
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67 | 67 | | 3.5cumulative number of days worked in that same position by all employees exceeds 67 |
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68 | 68 | | 3.6calendar days in that year. For the purpose of this paragraph, "same position" includes a |
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69 | 69 | | 3.7substantially equivalent position if it is not the same position solely due to a change in the |
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70 | 70 | | 3.8classification or title of the position; |
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71 | 71 | | 3.9 (3) an early childhood family education teacher employed by a school district; |
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72 | 72 | | 3.10 (4) an individual hired by the Board of Trustees of the Minnesota State Colleges and |
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73 | 73 | | 3.11Universities or the University of Minnesota as the instructor of record to teach (i) one class |
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74 | 74 | | 3.12for more than three credits in a fiscal year, or (ii) two or more credit-bearing classes in a |
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75 | 75 | | 3.13fiscal year; and |
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76 | 76 | | 3.14 (5) an individual who: (i) is paid by the Board of Regents of the University of Minnesota |
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77 | 77 | | 3.15for work performed at the direction of the university or any of its employees or contractors; |
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78 | 78 | | 3.16and (ii) is enrolled in three or more university credit-bearing classes or one semester as a |
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79 | 79 | | 3.17full-time student or postdoctoral fellow during the fiscal year in which the work is performed. |
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80 | 80 | | 3.18For purposes of this section, work paid by the university includes but is not limited to work |
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81 | 81 | | 3.19that is required as a condition of receiving a stipend or tuition benefit, whether or not the |
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82 | 82 | | 3.20individual also receives educational benefit from performing that work. Individuals who |
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83 | 83 | | 3.21perform supervisory functions in regard to any individuals who are employees under this |
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84 | 84 | | 3.22clause are not considered supervisory employees for the purpose of section 179A.06, |
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85 | 85 | | 3.23subdivision 2. |
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86 | 86 | | 3Section 1. |
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87 | 87 | | 25-05051 as introduced03/19/25 REVISOR VH/NS |
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