A bill for an act
relating to employment; providing rehire and retention protections for laid-off
workers during a declared emergency; imposing civil penalties; authorizing
rulemaking; requiring reports; proposing coding for new law in Minnesota Statutes,
chapter 181.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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For the purposes of sections 181.990 to 181.993, the
following terms have the meanings given in this section.
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"Air carrier" means a person undertaking by any means, directly
or indirectly, to provide air transportation of persons, property, or mail.
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"Aircraft" means any contrivance invented, used, or designed for
navigation of or flight in the air, but excluding parachutes.
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"Airport" means any area of land or water, except a restricted landing
area, which is designed for the landing and takeoff of aircraft, whether or not facilities are
provided for the shelter, surfacing, or repair of aircraft, or for receiving or discharging
passengers or cargo, and all appurtenant areas used or suitable for airport buildings or other
airport facilities, and all appurtenant rights-of-way, whether heretofore or hereafter
established.
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"Airport authority" means an authority created pursuant to
section 360.0426.
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"Airport facility management" means a person
directing or supervising airport management activities, including but not limited to:
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(1) information management;
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(2) building and property management;
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(3) civil services;
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(4) procurement and logistics management; and
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(5) legal services.
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(a) "Airport hospitality operation" means a
business that:
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(1) prepares, delivers, inspects, or provides any other service in connection with the
preparation of food or beverage for aircraft crew or passengers at an airport; or
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(2) provides food and beverage, retail, or other consumer goods or services to the public
at an airport.
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(b) Airport hospitality operation does not include an air carrier certified by the Federal
Aviation Administration.
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(a) "Airport service provider" means a business that
performs, under contract with a passenger air carrier, airport facility management, or airport
authority, functions on the property of the airport that are directly related to the air
transportation of persons, property, or mail, including but not limited to:
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(1) the loading and unloading of property on aircraft;
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(2) assistance to passengers under Code of Federal Regulations, title 14, part 382;
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(3) security;
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(4) airport ticketing and check-in functions;
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(5) ground-handling of aircraft;
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(6) aircraft cleaning and sanitization functions; or
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(7) airport authority.
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(b) Airport service provider does not include an air carrier certificated by the Federal
Aviation Administration.
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"Building service" means janitorial, building maintenance,
or security services.
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"Business day" means Monday through Friday, excluding any
holidays as defined in section 645.44.
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"Change in control" means any sale, assignment, transfer,
contribution, or other disposition of all or substantially all of the assets used in the operation
of an enterprise or a discrete portion of the enterprise that continues in operation as an
enterprise, or a controlling interest, including by consolidation, merger, or reorganization,
of the incumbent employer or any person who controls the incumbent employer.
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"Declared emergency" means a national security or
peacetime emergency declared by the governor under section 12.31, a local emergency
declared by the mayor of a municipality or the chair of a county board of commissioners
under section 12.29, a federal public health emergency declared by the secretary of the
Department of Health and Human Services, or a major disaster or national emergency
declared by the president.
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(a) "Eligible employee" means an individual:
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(1) whose primary place of employment is at an enterprise subject to a change in control;
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(2) who is employed directly by the incumbent employer, or by an employer who has
contracted with the incumbent employer to provide services at the enterprise subject to a
change in control; and
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(3) who has worked for the incumbent employer for at least one month prior to the
execution of the transfer document.
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(b) Eligible employee does not include a managerial, supervisory, or confidential
employee.
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"Employee" means an individual who performs services for hire
for at least two hours in a particular week for an employer.
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"Employer" means any person who directly, indirectly, or through
an agent or any other person, including through the services of a temporary service or staffing
agency or similar entity, owns or operates an enterprise and employs one or more employees.
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