A bill for an act
relating to employment; providing for paid family, pregnancy, bonding, and
applicant's serious medical condition benefits; regulating and requiring certain
employment leaves; classifying certain data; authorizing rulemaking; appropriating
money; amending Minnesota Statutes 2020, sections 13.719, by adding a
subdivision; 177.27, subdivision 4; 181.032; 256J.561, by adding a subdivision;
256J.95, subdivisions 3, 11; 256P.01, subdivision 3; 268.19, subdivision 1;
proposing coding for new law as Minnesota Statutes, chapter 268B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2020, section 13.719, is amended by adding a subdivision
to read:
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(a) For the purposes of this subdivision,
the terms used have the meanings given them in section 268B.01.
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(b) Data on applicants, family members, or employers under chapter 268B are private
or nonpublic data, provided that the department may share data collected from applicants
with employers or health care providers to the extent necessary to meet the requirements
of chapter 268B or other applicable law.
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(c) The department and the Department of Labor and Industry may share data classified
under paragraph (b) to the extent necessary to meet the requirements of chapter 268B or
the Department of Labor and Industry's enforcement authority over chapter 268B, as provided
in section 177.27.
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Minnesota Statutes 2020, section 177.27, subdivision 4, is amended to read:
The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275,
subdivision 2a, 181.722, 181.79, deleted text beginanddeleted text end 181.939 to 181.943,new text begin 268B.09, subdivisions 1 to 6, and
268B.14, subdivision 3,new text end or with any rule promulgated under section 177.28. The
commissioner shall issue an order requiring an employer to comply with sections 177.41
to 177.435 if the violation is repeated. For purposes of this subdivision only, a violation is
repeated if at any time during the two years that preceded the date of violation, the
commissioner issued an order to the employer for violation of sections 177.41 to 177.435
and the order is final or the commissioner and the employer have entered into a settlement
agreement that required the employer to pay back wages that were required by sections
177.41 to 177.435. The department shall serve the order upon the employer or the employer's
authorized representative in person or by certified mail at the employer's place of business.
An employer who wishes to contest the order must file written notice of objection to the
order with the commissioner within 15 calendar days after being served with the order. A
contested case proceeding must then be held in accordance with sections 14.57 to 14.69.
If, within 15 calendar days after being served with the order, the employer fails to file a
written notice of objection with the commissioner, the order becomes a final order of the
commissioner.
Minnesota Statutes 2020, section 181.032, is amended to read:
(a) At the end of each pay period, the employer shall provide each employee an earnings
statement, either in writing or by electronic means, covering that pay period. An employer
who chooses to provide an earnings statement by electronic means must provide employee
access to an employer-owned computer during an employee's regular working hours to
review and print earnings statementsnew text begin, and must make statements available for review or
printing for a period of three yearsnew text end.
(b) The earnings statement may be in any form determined by the employer but must
include:
(1) the name of the employee;
(2) the rate or rates of pay and basis thereof, including whether the employee is paid by
hour, shift, day, week, salary, piece, commission, or other method;
(3) allowances, if any, claimed pursuant to permitted meals and lodging;
(4) the total number of hours worked by the employee unless exempt from chapter 177;
(5) the total amount of gross pay earned by the employee during that period;
(6) a list of deductions made from the employee's pay;
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(7) any amount deducted by the employer under section 268B.14, subdivision 3, and
the amount paid by the employer based on the employee's wages under section 268B.14,
subdivision 1;
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deleted text begin (7)deleted text endnew text begin (8)new text end the net amount of pay after all deductions are made;
deleted text begin (8)deleted text endnew text begin (9)new text end the date on which the pay period ends;
deleted text begin (9)deleted text endnew text begin (10)new text end the legal name of the employer and the operating name of the employer if
different from the legal name;
deleted text begin (10)deleted text endnew text begin (11)new text end the physical address of the employer's main office or principal place of business,
and a mailing address if different; and
deleted text begin (11)deleted text endnew text begin (12)new text end the telephone number of the employer.
(c) An employer must provide earnings statements to an employee in writing, rather
than by electronic means, if the employer has received at least 24 hours notice from an
employee that the employee would like to receive earnings statements in written form. Once
an employer has received notice from an employee that the employee would like to receive
earnings statements in written form, the employer must comply with that request on an
ongoing basis.
(d) At the start of employment, an employer shall provide each employee a written notice
containing the following information:
(1) the rate or rates of pay and basis thereof, including whether the employee is paid by
the hour, shift, day, week, salary, piece, commission, or other method, and the specific
application of any additional rates;
(2) allowances, if any, claimed pursuant to permitted meals and lodging;
(3) paid vacation, sick time, or other paid time-off accruals and terms of use;
(4) the employee's employment status and whether the employee is exempt from minimum
wage, overtime, and other provisions of chapter 177, and on what basis;
(5) a list of deductions that may be made from the employee's pay;
(6) the number of days in the pay period, the regularly scheduled pay day, and the pay
day on which the employee will receive the first payment of wages earned;
(7) the legal name of the employer and the operating name of the employer if different
from the legal name;
(8) the physical address of the employer's main office or principal place of business, and
a mailing address if different; and
(9) the telephone number of the employer.
(e) The employer must keep a copy of the notice under paragraph (d) signed by each
employee acknowledging receipt of the notice. The notice must be provided to each employee
in English. The English version of the notice must include text provided by the commissioner
that informs employees that they may request, by indicating on the form, the notice be
provided in a particular language. If requested, the employer shall provide the notice in the
language requested by the employee. The commissioner shall make available to employers
the text to be included in the English version of the notice required by this section and assist
employers with translation of the notice in the languages requested by their employees.
(f) An employer must provide the employee any written changes to the information
contained in the notice under paragraph (d) prior to the date the changes take effect.
Minnesota Statutes 2020, section 268.19, subdivision 1, is amended to read:
(a) Except as provided by this section, data gathered from
any person under the administration of the Minnesota Unemployment Insurance Law are
private data on individuals or nonpublic data not on individuals as defined in section 13.02,
subdivisions 9 and 12, and may not be disclosed except according to a district court order
or section 13.05. A subpoena is not considered a district court order. These data may be
disseminated to and used by the following agencies without the consent of the subject of
the data:
(1) state and federal agencies specifically authorized access to the data by state or federal
law;
(2) any agency of any other state or any federal agency charged with the administration
of an unemployment insurance program;
(3) any agency responsible for the maintenance of a system of public employment offices
for the purpose of assisting individuals in obtaining employment;
(4) the public authority responsible for child support in Minnesota or any other state in
accordance with section 256.978;
(5) human rights agencies within Minnesota that have enforcement powers;
(6) the Department of Revenue to the extent necessary for its duties under Minnesota
laws;
(7) public and private agencies responsible for administering publicly financed assistance
programs for the purpose of monitoring the eligibility of the program's recipients;
(8) the Department of Labor and Industry and the Commerce Fraud Bureau in the
Department of Commerce for uses consistent with the administration of their duties under
Minnesota law;
(9) the Department of Human Services and the Office of Inspector General and its agents
within the Department of Human Services, including county fraud investigators, for
investigations related to recipient or provider fraud and employees of providers when the
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