| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to employment; prohibiting employment of unauthorized individuals; |
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| 3 | 3 | | 1.3 proposing coding for new law in Minnesota Statutes, chapter 181. |
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| 4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 5 | 5 | | 1.5 Section 1. [181.995] EMPLOYMENT OF UNAUTHORIZED INDIVIDUALS. |
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| 6 | 6 | | 1.6 Subdivision 1.Definitions.(a) For purposes of this section, the terms defined in this |
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| 7 | 7 | | 1.7subdivision have the meanings given. |
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| 8 | 8 | | 1.8 (b) "Commissioner" means the commissioner of labor and industry. |
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| 9 | 9 | | 1.9 (c) "Employee" means a person who performs services for hire in Minnesota for an |
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| 10 | 10 | | 1.10employer. Employee does not include an independent contractor. |
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| 11 | 11 | | 1.11 (d) "Employer" means a person or entity that employs one or more employees in |
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| 12 | 12 | | 1.12Minnesota and includes the state and any political subdivision of the state. |
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| 13 | 13 | | 1.13 (e) "License" means any permit, registration, certification, or other form of approval |
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| 14 | 14 | | 1.14authorized by statute or rule to be issued by the state or a political subdivision of the state |
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| 15 | 15 | | 1.15as a condition of doing business in Minnesota. |
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| 16 | 16 | | 1.16 (f) "Unauthorized individual" means an individual who does not have the legal right or |
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| 17 | 17 | | 1.17authorization under federal law to work in the United States as described in United States |
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| 18 | 18 | | 1.18Code, title 8, section 1324a(h)(3). |
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| 19 | 19 | | 1.19 Subd. 2.Prohibition.No employer shall knowingly employ an unauthorized individual |
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| 20 | 20 | | 1.20as an employee. |
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| 21 | 21 | | 1Section 1. |
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| 22 | 22 | | 25-02436 as introduced01/16/25 REVISOR SS/LJ |
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| 23 | 23 | | SENATE |
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| 24 | 24 | | STATE OF MINNESOTA |
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| 25 | 25 | | S.F. No. 691NINETY-FOURTH SESSION |
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| 26 | 26 | | (SENATE AUTHORS: RASMUSSON and Dornink) |
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| 27 | 27 | | OFFICIAL STATUSD-PGDATE |
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| 28 | 28 | | Introduction and first reading01/27/2025 |
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| 29 | 29 | | Referred to Labor 2.1 Subd. 3.Investigations.The commissioner shall investigate possible violations of this |
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| 30 | 30 | | 2.2section whenever the commissioner has cause to believe that a violation has occurred, either |
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| 31 | 31 | | 2.3on the basis of a report of a suspected violation or on the basis of any other credible |
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| 32 | 32 | | 2.4information, including violations found during the course of an investigation. |
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| 33 | 33 | | 2.5 Subd. 4.Enforcement; penalty.(a) Upon a violation of this section, the commissioner |
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| 34 | 34 | | 2.6shall: |
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| 35 | 35 | | 2.7 (1) order the employer to terminate the employment of all unauthorized individuals; and |
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| 36 | 36 | | 2.8 (2) direct the applicable agencies to suspend all licenses held by the employer for up to |
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| 37 | 37 | | 2.914 business days. |
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| 38 | 38 | | 2.10 (b) The commissioner may issue a penalty to the employer of not less than $1,000 and |
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| 39 | 39 | | 2.11not more than $10,000 per violation of this section. |
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| 40 | 40 | | 2.12 (c) In determining the length of a license suspension and the amount of any penalty, the |
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| 41 | 41 | | 2.13commissioner shall consider any prior misconduct by the employer, the duration of the |
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| 42 | 42 | | 2.14violation, the number of unauthorized individuals employed by the employer, and other |
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| 43 | 43 | | 2.15relevant factors. |
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| 44 | 44 | | 2.16 (d) For the purposes of this section, proof of verifying the employment authorization of |
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| 45 | 45 | | 2.17an employee through the e-verify program creates a rebuttable presumption that an employer |
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| 46 | 46 | | 2.18did not knowingly employ an unauthorized individual. |
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| 47 | 47 | | 2Section 1. |
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| 48 | 48 | | 25-02436 as introduced01/16/25 REVISOR SS/LJ |
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