A bill for an act
relating to employees; modifying earned sick and safe time; authorizing rulemaking;
amending Minnesota Statutes 2023 Supplement, sections 177.27, subdivision 4;
177.50, by adding subdivisions; 181.032; 181.9445, subdivisions 4, 5; 181.9446;
181.9447, subdivisions 1, 3, 5, 10, 11; 181.9448, subdivisions 1, 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2023 Supplement, 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, new text begin 177.50, new text end 179.86, 181.02, 181.03,
181.031, 181.032, 181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.165, 181.172,
paragraph (a) or (d), 181.214 to 181.217, 181.275, subdivision 2a, 181.635, 181.722, 181.79,
181.85 to 181.89, 181.939 to 181.943, 181.9445 to 181.9448, 181.987, 181.991, 268B.09,
subdivisions 1 to 6, and 268B.14, subdivision 3, with any rule promulgated under section
177.28, 181.213, or 181.215. The commissioner shall issue an order requiring an employer
to comply with sections 177.41 to 177.435, 181.165, or 181.987 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, 181.165, or 181.987 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 or 181.165. 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. For the purposes of this subdivision, an employer includes a contractor that
has assumed a subcontractor's liability within the meaning of section 181.165.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 177.50, is amended by adding a
subdivision to read:
new text begin
The commissioner may adopt rules to carry out the
purposes of this section and sections 181.9445 to 181.9448.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, section 177.50, is amended by adding a
subdivision to read:
new text begin
(a) If an employer does not provide earned sick and safe time
pursuant to section 181.9446, or does not allow the use of earned sick and safe time pursuant
to section 181.9447, the employer is liable to all employees who were not provided or not
allowed to use earned sick and safe time for an amount equal to all earned sick and safe
time that should have been provided or could have been used at the employee's regular rate
of pay, plus an additional equal amount as liquidated damages.
new text end
new text begin
(b) If the employer does not possess records sufficient to determine the earned sick and
safe time an employee should have been provided pursuant to paragraph (a), the employer
is liable to the employee for an amount equal to 48 hours of earned sick and safe time at
the employee's regular rate of pay for each year earned sick and safe time was not provided,
plus an additional equal amount as liquidated damages.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2023 Supplement, 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 statements, and must make statements available for review or
printing for a period of three years.
(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;
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(5) the total number of earned sick and safe time hours accrued and available for use
under section 181.9446;
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(6) the total number of earned sick and safe time hours used during the pay period under
section 181.9447;
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deleted text begin (7)deleted text end new text begin (5)new text end the total amount of gross pay earned by the employee during that period;
deleted text begin (8)deleted text end new text begin (6)new text end a list of deductions made from the employee's pay;
deleted text begin (9)deleted text end new text begin (7)new text end 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;
deleted text begin (10)deleted text end new text begin (8)new text end the net amount of pay after all deductions are made;
deleted text begin (11)deleted text end new text begin (9)new text end the date on which the pay period ends;
deleted text begin (12)deleted text end new 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 (13)deleted text end new 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 (14)deleted text end new 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.