1.1 A bill for an act
1.2 relating to labor; exempting full-time graduate students from the definition of
1.3 public employee; amending Minnesota Statutes 2024, section 179A.03, subdivision
1.4 14.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 179A.03, subdivision 14, is amended to read:
1.7 Subd. 14.Public employee or employee.(a) "Public employee" or "employee" means
1.8any person appointed or employed by a public employer except:
1.9 (1) elected public officials;
1.10 (2) election officers;
1.11 (3) commissioned or enlisted personnel of the Minnesota National Guard;
1.12 (4) emergency employees who are employed for emergency work caused by natural
1.13disaster;
1.14 (5) part-time employees whose service does not exceed the lesser of 14 hours per week
1.15or 35 percent of the normal work week in the employee's appropriate unit;
1.16 (6) employees, other than those working in a school as a paraprofessional or other
1.17noninstructional position, whose positions are temporary or seasonal in character and are
1.18not for more than 67 working days in any calendar year.
1.19 (7) full-time students under the age of 22, enrolled in a nonprofit or public educational
1.20institution prior to being hired by the employer, excluding employment by the Board of
1.21Regents of the University of Minnesota, whose positions are temporary or seasonal in
1Section 1.
25-05051 as introduced03/19/25 REVISOR VH/NS
SENATE
STATE OF MINNESOTA
S.F. No. 2952NINETY-FOURTH SESSION
(SENATE AUTHORS: OUMOU VERBETEN)
OFFICIAL STATUSD-PGDATE
Introduction and first reading03/24/2025
Referred to Labor 2.1character and are not for more than 100 working days in any calendar year, and who have
2.2indicated, either in an application for employment or by being enrolled at an educational
2.3institution for the next academic year or term, an intention to continue as students during
2.4or after their temporary employment;
2.5 (8) employees providing services for not more than two consecutive quarters to the
2.6Board of Trustees of the Minnesota State Colleges and Universities under the terms of a
2.7professional or technical services contract as defined in section 16C.08, subdivision 1;
2.8 (9) employees of charitable hospitals as defined by section 179.35, subdivision 3, except
2.9that employees of charitable hospitals as defined by section 179.35, subdivision 3, are public
2.10employees for purposes of sections 179A.051, 179A.052, and 179A.13;
2.11 (10) full-time undergraduate or graduate students employed by the school, excluding
2.12employment by the Board of Regents of the University of Minnesota, which they attend
2.13under a work-study program or in connection with the receipt of financial aid, irrespective
2.14of number of hours of service per week;
2.15 (11) an individual who is employed for less than 300 hours in a fiscal year as an instructor
2.16in an adult vocational education program;
2.17 (12) with respect to court employees:
2.18 (i) personal secretaries to judges;
2.19 (ii) law clerks;
2.20 (iii) managerial employees;
2.21 (iv) confidential employees; and
2.22 (v) supervisory employees; or
2.23 (13) with respect to employees of Hennepin Healthcare System, Inc., managerial,
2.24supervisory, and confidential employees.
2.25 (b) The following individuals are public employees regardless of the exclusions of
2.26paragraph (a), clauses (5) to (8) and (10):
2.27 (1) an employee hired by a school district or the Board of Trustees of the Minnesota
2.28State Colleges and Universities except at the university established in the Twin Cities
2.29metropolitan area under section 136F.10 or for community services or community education
2.30instruction offered on a noncredit basis: (i) to replace an absent teacher or faculty member
2.31who is a public employee, where the replacement employee is employed more than 30
2.32working days as a replacement for that teacher or faculty member; or (ii) to take a teaching
2Section 1.
25-05051 as introduced03/19/25 REVISOR VH/NS 3.1position created due to increased enrollment, curriculum expansion, courses which are a
3.2part of the curriculum whether offered annually or not, or other appropriate reasons;
3.3 (2) an employee hired for a position under paragraph (a), clause (6), if that same position
3.4has already been filled under paragraph (a), clause (6), in the same calendar year and the
3.5cumulative number of days worked in that same position by all employees exceeds 67
3.6calendar days in that year. For the purpose of this paragraph, "same position" includes a
3.7substantially equivalent position if it is not the same position solely due to a change in the
3.8classification or title of the position;
3.9 (3) an early childhood family education teacher employed by a school district;
3.10 (4) an individual hired by the Board of Trustees of the Minnesota State Colleges and
3.11Universities or the University of Minnesota as the instructor of record to teach (i) one class
3.12for more than three credits in a fiscal year, or (ii) two or more credit-bearing classes in a
3.13fiscal year; and
3.14 (5) an individual who: (i) is paid by the Board of Regents of the University of Minnesota
3.15for work performed at the direction of the university or any of its employees or contractors;
3.16and (ii) is enrolled in three or more university credit-bearing classes or one semester as a
3.17full-time student or postdoctoral fellow during the fiscal year in which the work is performed.
3.18For purposes of this section, work paid by the university includes but is not limited to work
3.19that is required as a condition of receiving a stipend or tuition benefit, whether or not the
3.20individual also receives educational benefit from performing that work. Individuals who
3.21perform supervisory functions in regard to any individuals who are employees under this
3.22clause are not considered supervisory employees for the purpose of section 179A.06,
3.23subdivision 2.
3Section 1.
25-05051 as introduced03/19/25 REVISOR VH/NS