reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.84 — Corn Detasselers; Work Conditions.

181.84 CORN DETASSELERS; WORK CONDITIONS.
Notwithstanding any state or federal statute or regulation authorizing sanitary conditions less favorable to the employee than the following requirement, every employer of corn detasselers shall provide a potable water supply in the field and which is easily accessible to all employees with materials or equipment so that the water may be easily drunk in a sanitary manner.
History:
1978 c 731 s 3
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.85 — Migrant Labor; Definitions.

181.85 MIGRANT LABOR; DEFINITIONS.
Subdivision 1.
Generally.
For the purposes of sections 181.85 to 181.90, the terms defined in this section have the meanings given them.
Subd. 2.
Agricultural labor.
"Agricultural labor" means field labor associated with the cultivation and harvest of fruits and vegetables and work performed in processing fruits and vegetables for market, as well as labor performed in agriculture as defined in Minnesota Rules, part 5200.0260.
Subd. 3.
Migrant worker.
"Migrant worker" means an individual at least 17 years of age who travels more than 100 miles to Minnesota from some other state to perform seasonal agricultural labor in Minnesota.
Subd. 4.
Employer.
"Employer" means an individual, partnership, association, corporation, business trust, or any person or group of persons that employs, either directly or indirectly through a recruiter, one or more migrant workers in any calendar year.
Subd. 5.
Recruit.
"Recruit" means to induce an individual, directly or indirectly through an agent or recruiter, to travel to Minnesota to perform agricultural labor by an offer of employment or of the possibility of employment.
Subd. 6.
Recruiter.
"Recruiter" means an individual or person other than an employer that for a fee, either for itself or for another individual or person, solicits, hires, or furnishes migrant workers, excluding members of an individual recruiter's immediate family, for agricultural labor to be performed for an employer in this state. "Recruiter" does not include a public agency providing employment services.
History:
1981 c 212 s 1; 2023 c 53 art 2 s 11,12
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.86 — Employment Statement.

181.86 EMPLOYMENT STATEMENT.
Subdivision 1.
Terms.
(a) An employer that recruits a migrant worker shall provide the migrant worker, at the time the worker is recruited, with a written employment statement which shall state clearly and plainly, in English and Spanish, or English and another language if the worker's preferred language is not English or Spanish:
(1) the date on which and the place at which the statement was completed and provided to the migrant worker;
(2) the name and permanent address of the migrant worker, of the employer, and of the recruiter who recruited the migrant worker;
(3) the date on which the migrant worker is to arrive at the place of employment, the date on which employment is to begin, the approximate hours of employment, and the minimum period of employment;
(4) the crops and the operations on which the migrant worker will be employed;
(5) the wage rates to be paid;
(6) the payment terms, as provided in section 181.87;
(7) any deduction to be made from wages;
(8) whether housing will be provided; and
(9) when workers' compensation insurance coverage is required by chapter 176, the name of the employer's workers' compensation insurance carrier, the carrier's phone number, and the insurance policy number.
(b) The Department of Labor and Industry shall provide a standard employment statement form for use at the employer's option for providing the information required in subdivision 1. The form shall be available in English and Spanish and additional languages upon request.
(c) The requirements under this subdivision are in addition to the requirements under section 181.032.
Subd. 2.
Contract.
The employment statement is an enforceable contract between the migrant worker and the employer.
History:
1981 c 212 s 2; 2023 c 53 art 2 s 13
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.88 — Record Keeping.

181.88 RECORD KEEPING.
Every employer subject to the provisions of sections 181.85 to 181.90 shall maintain complete and accurate records for every individual migrant worker recruited by that employer as required by section 177.30 and shall also maintain the employment statements required under section 181.86 for a period of at least three years.
History:
1981 c 212 s 4; 2023 c 53 art 2 s 17
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.89 — Civil Actions.

181.89 CIVIL ACTIONS.
Subdivision 1.
May bring action.
Any migrant worker claiming to be aggrieved by a violation of sections 181.86 to 181.88 may bring a civil action for damages and injunctive relief against the worker's employer.
Subd. 2.
Judgment; damages.
If the court finds that any defendant has violated the provisions of sections 181.86 to 181.88, the court shall enter judgment for the actual damages incurred by the plaintiff or the appropriate penalty as provided by this subdivision, whichever is greater. The court may also award court costs and a reasonable attorney's fee. The penalties shall be as follows:
(1) whenever the court finds that an employer has violated the record-keeping requirements of section 181.88, $200;
(2) whenever the court finds that an employer has recruited a migrant worker without providing a written employment statement as provided in section 181.86, subdivision 1, $800;
(3) whenever the court finds that an employer has recruited a migrant worker after having provided a written employment statement, but finds that the employment statement fails to comply with the requirement of section 181.86, subdivision 1, or section 181.87, $800;
(4) whenever the court finds that an employer has failed to comply with the terms of an employment statement which the employer has provided to a migrant worker or has failed to comply with any payment term required by section 181.87, $1,600;
(5) whenever the court finds that an employer has failed to pay wages to a migrant worker within a time period set forth in section 181.87, subdivision 2 or 3, $1,600; and
(6) whenever penalties are awarded, they shall be awarded severally in favor of each migrant worker plaintiff and against each defendant found liable.
Subd. 3.
Enforcement.
In addition to any other remedies available, the commissioner may assess the penalties in subdivision 2 and provide the penalty to the migrant worker aggrieved by the employer's noncompliance.
History:
1981 c 212 s 5; 1986 c 444; 2005 c 127 s 3; 2023 c 53 art 2 s 18,19
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.90 — Use Wagner-peyser System.

181.90 USE WAGNER-PEYSER SYSTEM.
An employer who uses the federal work clearance order system under the Wagner-Peyser Act of 1933, Statutes at Large, volume 48, page 113, as amended, is deemed to recruit the migrant workers who are thereby induced to travel to Minnesota to perform agricultural labor. The provisions of sections 181.85 to 181.89 shall not be construed to prohibit the use of the work clearance order system by an employer who recruits migrant workers, but use of the federal work clearance order system by an employer shall not excuse the employer from compliance with sections 181.85 to 181.89.
History:
1981 c 212 s 6
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.91 — Preservation Of Existing Remedies.

181.91 PRESERVATION OF EXISTING REMEDIES.
The remedies provided in sections 181.85 to 181.90 are not exclusive, but are in addition to remedies provided in other law.
History:
1981 c 212 s 7
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.92 — Leaves For Adoptive Parents.

181.92 LEAVES FOR ADOPTIVE PARENTS.
An employer who permits paternity or maternity time off to a biological father or mother shall, upon request, grant time off, with or without pay, to an adoptive father or mother. The minimum period of this time off shall be four weeks, or, if the employer has an established policy of time off for a biological parent which sets a period of time off of less than four weeks, that period of time shall be the minimum period for an adoptive parent. The period of time off shall, at the direction of the adoptive parent, begin before, or at the time of, the child's placement in the adoptive parent's home, and shall be for the purpose of arranging the child's placement or caring for the child after placement. An employer shall not penalize an employee for requesting or obtaining time off according to this section.
History:
1983 c 266 s 1
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.93 — Notice To Employees And Applicants Of Bankruptcy.

181.93 NOTICE TO EMPLOYEES AND APPLICANTS OF BANKRUPTCY.
Subdivision 1.
Notice.
An employer shall immediately notify all of its employees in writing that it has filed a petition for bankruptcy or has had an involuntary bankruptcy petition filed against it.
An employer shall, in writing, notify all persons offered jobs with the employer that it has filed a petition for bankruptcy or has had an involuntary bankruptcy petition filed against it. The notice shall be given at the time of the job offer and is required if the case initiated by the petition has not been closed.
For purposes of this subdivision, an employer includes a "debtor in possession" and excludes a bankruptcy "trustee" as those terms are used under federal bankruptcy law.
Subd. 2.
Violation.
A violation of subdivision 1 is a misdemeanor.
History:
1987 c 38 s 1
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.931 — Definitions.

181.931 DEFINITIONS.
Subdivision 1.
Generally.
For the purpose of sections 181.931 to 181.935 the terms defined in this section have the meanings given them.
Subd. 2.
Employee.
"Employee" means a person who performs services for hire in Minnesota for an employer. Employee does not include an independent contractor.
Subd. 3.
Employer.
"Employer" means any person having one or more employees in Minnesota and includes the state and any political subdivision of the state.
Subd. 4.
Good faith.
"Good faith" means conduct that does not violate section 181.932, subdivision 3.
Subd. 5.
Penalize.
"Penalize" means conduct that might dissuade a reasonable employee from making or supporting a report, including post-termination conduct by an employer or conduct by an employer for the benefit of a third party.
Subd. 6.
Report.
"Report" means a verbal, written, or electronic communication by an employee about an actual, suspected, or planned violation of a statute, regulation, or common law, whether committed by an employer or a third party.
History:
1987 c 76 s 1; 2013 c 83 s 1-3
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.933 — Notice Of Termination.

181.933 NOTICE OF TERMINATION.
Subdivision 1.
Notice required.
An employee who has been involuntarily terminated may, within 15 working days following such termination, request in writing that the employer inform the employee of the reason for the termination. Within ten working days following receipt of such request, an employer shall inform the terminated employee in writing of the truthful reason for the termination.
Subd. 2.
Defamation action prohibited.
No communication of the statement furnished by the employer to the employee under subdivision 1 may be made the subject of any action for libel, slander, or defamation by the employee against the employer.
History:
1987 c 76 s 3; 2001 c 95 s 1
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.935 — Individual Remedies; Penalty.

181.935 INDIVIDUAL REMEDIES; PENALTY.
(a) In addition to any remedies otherwise provided by law, an employee injured by a violation of section 181.932 may bring a civil action to recover any and all damages recoverable at law, together with costs and disbursements, including reasonable attorney's fees, and may receive such injunctive and other equitable relief as determined by the court.
(b) An employer who failed to notify, as required under section 181.933 or 181.934, an employee injured by a violation of section 181.932 is subject to a civil penalty of $25 per day per injured employee not to exceed $750 per injured employee.
(c) If the district court determines that a violation of section 181.932 occurred, the court may order any appropriate relief, including but not limited to reinstatement, back pay, restoration of lost service credit, if appropriate, compensatory damages, and the expungement of any adverse records of an employee who was the subject of the alleged acts of misconduct.
History:
1987 c 76 s 5; 2007 c 135 art 3 s 17
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.937 — Reprisals For Failure To Contribute; Civil Action.

181.937 REPRISALS FOR FAILURE TO CONTRIBUTE; CIVIL ACTION.
No employer shall engage in any reprisal against an employee for declining to participate in contributions or donations to charities or community organizations, including contributions to the employer itself. "Employer" means any person having one or more employees in Minnesota and includes the state, the University of Minnesota, and any political subdivisions of the state. An employee injured by a violation of this section may bring an action for compensatory damages, injunctive or other equitable relief, attorney's fees and costs. For purposes of this section "reprisal" means any discipline; any form of intimidation, harassment, or threat; or any penalty regarding the employee's compensation, terms, conditions, location, or privileges of employment.
History:
1988 c 455 s 1
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.940 — Definitions.

181.940 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 181.940 to 181.944, the terms defined in this section have the meanings given them.
Subd. 2.
Employee.
"Employee" means a person who performs services for hire for an employer from whom a leave is requested under sections 181.940 to 181.944.
Employee includes all individuals employed by the employer but does not include an independent contractor.
Subd. 3.
Employer.
"Employer" means a person or entity that employs one or more employees and includes an individual, corporation, partnership, association, business, trust, nonprofit organization, group of persons, state, county, town, city, school district, or other governmental subdivision.
Subd. 4.
Child.
"Child" means an individual under 18 years of age or an individual under age 20 who is still attending secondary school.
History:
1987 c 359 s 1; 1990 c 577 s 1; 1991 c 268 s 1; 2014 c 239 art 3 s 1; 2023 c 53 art 11 s 28,29
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.941 — Pregnancy And Parenting Leave.

181.941 PREGNANCY AND PARENTING LEAVE.
Subdivision 1.
Twelve-week leave; pregnancy, birth, or adoption.
(a) An employer must grant an unpaid leave of absence to an employee who is:
(1) a biological or adoptive parent in conjunction with the birth or adoption of a child; or
(2) a female employee for prenatal care, or incapacity due to pregnancy, childbirth, or related health conditions.
(b) The length of the leave shall be determined by the employee, but must not exceed 12 weeks, unless agreed to by the employer.
Subd. 2.
Start of leave.
The leave shall begin at a time requested by the employee. The employer may adopt reasonable policies governing the timing of requests for unpaid leave and may require an employee who plans to take a leave under this section to give the employer reasonable notice of the date the leave shall commence and the estimated duration of the leave. For leave taken under subdivision 1, paragraph (a), clause (1), the leave must begin within 12 months of the birth or adoption; except that, in the case where the child must remain in the hospital longer than the mother, the leave must begin within 12 months after the child leaves the hospital.
Subd. 3.
No employer retribution.
An employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for requesting or obtaining a leave of absence as provided by this section.
Subd. 4.
Continued insurance.
The employer must continue to make coverage available to the employee while on leave of absence under any group insurance policy, group subscriber contract, or health care plan for the employee and any dependents. Nothing in this section requires the employer to pay the costs of the insurance or health care while the employee is on leave of absence.
History:
1987 c 359 s 2; 1990 c 577 s 2; 2014 c 239 art 3 s 2; 2023 c 53 art 11 s 30
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.9412 — School Conference And Activities Leave.

181.9412 SCHOOL CONFERENCE AND ACTIVITIES LEAVE.
Subdivision 1.
Definition.
For purposes of this section, "employee" does not include the requirement of section 181.940, subdivision 2, clause (1).
Subd. 1a.
Foster child.
For the purpose of this section, "child" includes a foster child.
Subd. 2.
Leave of 16 hours.
An employer must grant an employee leave of up to a total of 16 hours during any 12-month period to attend school conferences or school-related activities related to the employee's child, provided the conferences or school-related activities cannot be scheduled during nonwork hours. If the employee's child receives child care services as defined in section 119B.011, subdivision 7, or attends a prekindergarten regular or special education program, the employee may use the leave time provided in this section to attend a conference or activity related to the employee's child, or to observe and monitor the services or program, provided the conference, activity, or observation cannot be scheduled during nonwork hours. When the leave cannot be scheduled during nonwork hours and the need for the leave is foreseeable, the employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the employer.
Subd. 3.
No pay required; substitute of paid leave.
Nothing in this section requires that the leave be paid; except that an employee may substitute any accrued paid vacation leave or other appropriate paid leave for any part of the leave under this section.
History:
1990 c 577 s 3; 1992 c 438 s 2; 1996 c 341 s 1; 1996 c 408 art 11 s 4; 1999 c 205 art 5 s 21; 2002 c 380 art 5 s 1
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.942 — Reinstatement After Leave.

181.942 REINSTATEMENT AFTER LEAVE.
Subdivision 1.
Comparable position.
(a) An employee returning from a leave of absence under section 181.939 or 181.941 is entitled to return to employment in the employee's former position or in a position of comparable duties, number of hours, and pay. An employee returning from a leave of absence longer than one month must notify a supervisor at least two weeks prior to return from leave. An employee returning from a leave under section 181.9412 or sections 181.9445 to 181.9448 is entitled to return to employment in the employee's former position.
(b) If, during a leave under sections 181.939 to 181.944, the employer experiences a layoff and the employee would have lost a position had the employee not been on leave, pursuant to the good faith operation of a bona fide layoff and recall system, including a system under a collective bargaining agreement, the employee is not entitled to reinstatement in the former or comparable position. In such circumstances, the employee retains all rights under the layoff and recall system, including a system under a collective bargaining agreement, as if the employee had not taken the leave.
Subd. 2.
Pay; benefits; on return.
An employee returning from a leave of absence under sections 181.939 to 181.944 is entitled to return to employment at the same rate of pay the employee had been receiving when the leave commenced, plus any automatic adjustments in the employee's pay scale that occurred during leave period. The employee returning from a leave is entitled to retain all accrued preleave benefits of employment and seniority, as if there had been no interruption in service; provided that nothing in sections 181.939 to 181.944 prevents the accrual of benefits or seniority during the leave pursuant to a collective bargaining or other agreement between the employer and employees.
Subd. 3.
Part-time return.
An employee, by agreement with the employer, may return to work part time during the leave period without forfeiting the right to return to employment at the end of the leave period, as provided in sections 181.939 to 181.944.
History:
1987 c 359 s 3; 1990 c 577 s 5; 2023 c 53 art 11 s 32; art 12 s 2
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.943 — Relationship To Other Leave.

181.943 RELATIONSHIP TO OTHER LEAVE.
(a) The length of leave provided under section 181.941 may be reduced by any period of:
(1) paid parental, disability, personal, medical, or sick leave, or accrued vacation provided by the employer so that the total leave does not exceed 12 weeks, unless agreed to by the employer; or
(2) leave taken for the same purpose by the employee under United States Code, title 29, chapter 28.
(b) Nothing in sections 181.940 to 181.943 prevents any employer from providing leave benefits in addition to those provided in sections 181.940 to 181.944 or otherwise affects an employee's rights with respect to any other employment benefit.
History:
1987 c 359 s 4; 1988 c 659 s 1; 1990 c 577 s 6; 2014 c 239 art 3 s 5
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.9435 — Division; Investigations, Reports.

181.9435 DIVISION; INVESTIGATIONS, REPORTS.
Subdivision 1.
Investigation.
The Division of Labor Standards shall receive complaints of employees against employers relating to sections 181.172, paragraph (a) or (d), and 181.939 to 181.9436 and investigate informally whether an employer may be in violation of sections 181.172, paragraph (a) or (d), and 181.939 to 181.9436. The division shall attempt to resolve employee complaints by informing employees and employers of the provisions of the law and directing employers to comply with the law. For complaints related to section 181.939, the division must contact the employer within two business days and investigate the complaint within ten days of receipt of the complaint.
Subd. 2.
Report.
The division shall report to the legislature annually on the type and number of employee complaints under subdivision 1, the rate of resolution of complaints, and the rate of repeat complaints against employers.
History:
1992 c 438 s 3; 2003 c 128 art 11 s 8; 2014 c 239 art 4 s 4; 2023 c 53 art 1 s 13
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.9436 — Posting Of Law.

181.9436 POSTING OF LAW.
The Division of Labor Standards shall develop, with the assistance of interested business and community organizations, an educational poster stating employees' rights under sections 181.939 to 181.9448. The department shall make the poster available, upon request, to employers for posting on the employer's premises.
History:
1992 c 438 s 4; 2003 c 128 art 11 s 9; 2023 c 53 art 1 s 14; art 11 s 33; art 12 s 3
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.944 — Individual Remedies.

181.944 INDIVIDUAL REMEDIES.
In addition to any other remedies provided by law, a person injured by a violation of sections 181.172, paragraph (a) or (d), 181.939 to 181.943, and 181.9445 to 181.9448 may bring a civil action to recover any and all damages recoverable at law, together with costs and disbursements, including reasonable attorney's fees, and may receive injunctive and other equitable relief as determined by a court.
History:
1987 c 359 s 5; 1990 c 577 s 7; 2014 c 239 art 4 s 5; 2023 c 53 art 13 s 5
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.9446 — Accrual Of Earned Sick And Safe Time.

181.9446 ACCRUAL OF EARNED SICK AND SAFE TIME.
(a) An employee accrues a minimum of one hour of earned sick and safe time for every 30 hours worked up to a maximum of 48 hours of earned sick and safe time in a year. Employees may not accrue more than 48 hours of earned sick and safe time in a year unless the employer agrees to a higher amount.
(b)(1) Except as provided in clause (2), employers must permit an employee to carry over accrued but unused sick and safe time into the following year. The total amount of accrued but unused earned sick and safe time for an employee must not exceed 80 hours at any time, unless an employer agrees to a higher amount.
(2) In lieu of permitting the carryover of accrued but unused sick and safe time into the following year as provided under clause (1), an employer may provide an employee with earned sick and safe time for the year that meets or exceeds the requirements of this section that is available for the employee's immediate use at the beginning of the subsequent year as follows: (i) 48 hours, if an employer pays an employee for accrued but unused sick and safe time at the end of a year at the same hourly rate as an employee earns from employment; or (ii) 80 hours, if an employer does not pay an employee for accrued but unused sick and safe time at the end of a year at the same or greater hourly rate as an employee earns from employment. In no case shall this hourly rate be less than that provided under section 177.24, or an applicable local minimum wage.
(c) Employees who are exempt from overtime requirements under United States Code, title 29, section 213(a)(1), as amended through January 1, 2024, are deemed to work 40 hours in each workweek for purposes of accruing earned sick and safe time, except that an employee whose normal workweek is less than 40 hours will accrue earned sick and safe time based on the normal workweek.
(d) Earned sick and safe time under this section begins to accrue at the commencement of employment of the employee.
(e) Employees may use earned sick and safe time as it is accrued.
History:
2023 c 53 art 12 s 5
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.945 — Leave For Bone Marrow Donations.

181.945 LEAVE FOR BONE MARROW DONATIONS.
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have the meanings given to them in this subdivision.
(b) "Employee" means a person who performs services for hire for an employer, for an average of 20 or more hours per week, and includes all individuals employed at any site owned or operated by an employer. Employee does not include an independent contractor.
(c) "Employer" means a person or entity that employs 20 or more employees at at least one site and includes an individual, corporation, partnership, association, nonprofit organization, group of persons, state, county, town, city, school district, or other governmental subdivision.
Subd. 2.
Leave.
An employer must grant paid leaves of absence to an employee who seeks to undergo a medical procedure to donate bone marrow. The combined length of the leaves shall be determined by the employee, but may not exceed 40 work hours, unless agreed to by the employer. The employer may require verification by a physician of the purpose and length of each leave requested by the employee to donate bone marrow. If there is a medical determination that the employee does not qualify as a bone marrow donor, the paid leave of absence granted to the employee prior to that medical determination is not forfeited.
Subd. 3.
No employer sanctions.
An employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for requesting or obtaining a leave of absence as provided by this section.
Subd. 4.
Relationship to other leave.
This section does not prevent an employer from providing leave for bone marrow donations in addition to leave allowed under this section. This section does not affect an employee's rights with respect to any other employment benefit.
History:
1990 c 536 s 2; 2023 c 53 art 11 s 34
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.9456 — Leave For Organ Donation.

181.9456 LEAVE FOR ORGAN DONATION.
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have the meanings given to them in this subdivision.
(b) "Employee" means a person who performs services for hire for a public employer, for an average of 20 or more hours per week, and includes all individuals employed at any site owned or operated by a public employer. Employee does not include an independent contractor.
(c) "Employer" means a state, county, city, town, school district, or other governmental subdivision that employs 20 or more employees.
Subd. 2.
Leave.
An employer must grant paid leaves of absence to an employee who seeks to undergo a medical procedure to donate an organ or partial organ to another person. The combined length of the leaves shall be determined by the employee, but may not exceed 40 work hours for each donation, unless agreed to by the employer. The employer may require verification by a physician of the purpose and length of each leave requested by the employee for organ donation. If there is a medical determination that the employee does not qualify as an organ donor, the paid leave of absence granted to the employee prior to that medical determination is not forfeited.
Subd. 3.
No employer sanctions.
An employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for requesting or obtaining a leave of absence as provided by this section.
Subd. 4.
Relationship to other leave.
This section does not prevent an employer from providing leave for organ donations in addition to leave allowed under this section. This section does not affect an employee's rights with respect to any other employment benefit.
History:
2006 c 220 s 1; 2023 c 53 art 11 s 35
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.946 — Leave For Civil Air Patrol Service.

181.946 LEAVE FOR CIVIL AIR PATROL SERVICE.
Subdivision 1.
Definitions.
For purposes of this section, "employee" and "employer" have the meanings given them in section 181.945.
Subd. 2.
Unpaid leave required.
Unless the leave would unduly disrupt the operations of the employer, an employer shall grant a leave of absence without pay to an employee for time spent rendering service as a member of the civil air patrol on the request and under the authority of the state or any of its political subdivisions.
History:
1997 c 20 s 1
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.947 — Leave For Immediate Family Members Of Military Personnel Injured Or Killed In Active Service.

181.947 LEAVE FOR IMMEDIATE FAMILY MEMBERS OF MILITARY PERSONNEL INJURED OR KILLED IN ACTIVE SERVICE.
Subdivision 1.
Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Active service" has the meaning given in section 190.05, subdivision 5.
(c) "Employee" means a person, independent contractor, or person working for an independent contractor who performs services for compensation, in whatever form, for an employer.
(d) "Employer" means a person or entity located or doing business in this state and having one or more employees, and includes the state and all political or other governmental subdivisions of the state.
(e) "Immediate family member" means a person's parent, child, grandparents, siblings, or spouse.
Subd. 2.
Unpaid leave required.
An employer must grant up to ten working days of a leave of absence without pay to an employee whose immediate family member, as a member of the United States armed forces, has been injured or killed while engaged in active service.
Subd. 3.
Notice.
An employee must give as much notice to the employee's employer as practicable of the employee's intent to exercise the leave guaranteed by this section.
Subd. 4.
Relationship to other leave.
The length of leave provided under this section may be reduced by any period of paid leave provided by the employer. Nothing in this section prevents an employer from providing leave benefits in addition to those provided in this section or otherwise affects an employee's rights with respect to other employment benefits.
History:
2006 c 273 s 3
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.948 — Leave To Attend Military Ceremonies.

181.948 LEAVE TO ATTEND MILITARY CEREMONIES.
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have the meanings given in this subdivision.
(b) "Active service" has the meaning given in section 190.05, subdivision 5.
(c) "Employee" means a person who performs services for compensation, in whatever form, for an employer. Employee does not include an independent contractor.
(d) "Employer" means a person or entity located or doing business in this state and having one or more employees, and includes the state and all political or other governmental subdivisions of the state.
(e) "Immediate family member" means a person's grandparent, parent, legal guardian, sibling, child, grandchild, spouse, fiance, or fiancee.
Subd. 2.
Unpaid leave required.
Unless the leave would unduly disrupt the operations of the employer, an employer shall grant a leave of absence without pay to an employee whose immediate family member, as a member of the United States armed forces, has been ordered into active service in support of a war or other national emergency. The employer may limit the amount of leave provided under this subdivision to the actual time necessary for the employee to attend a send-off or homecoming ceremony for the mobilized service member, not to exceed one day's duration in any calendar year.
History:
2006 c 273 s 4
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.952 — Policy Contents; Prior Written Notice.

181.952 POLICY CONTENTS; PRIOR WRITTEN NOTICE.
Subdivision 1.
Contents of the policy.
An employer's drug and alcohol testing policy must, at a minimum, set forth the following information:
(1) the employees or job applicants subject to testing under the policy;
(2) the circumstances under which drug or alcohol testing may be requested or required;
(3) the right of an employee or job applicant to refuse to undergo drug and alcohol testing and the consequences of refusal;
(4) any disciplinary or other adverse personnel action that may be taken based on a confirmatory test verifying a positive test result on an initial screening test;
(5) the right of an employee or job applicant to explain a positive test result on a confirmatory test or request and pay for a confirmatory retest; and
(6) any other appeal procedures available.
Subd. 2.
Notice.
An employer shall provide written notice of its drug and alcohol testing policy to all affected employees upon adoption of the policy, to a previously nonaffected employee upon transfer to an affected position under the policy, and to a job applicant upon hire and before any testing of the applicant if the job offer is made contingent on the applicant passing drug and alcohol testing. An employer shall also post notice in an appropriate and conspicuous location on the employer's premises that the employer has adopted a drug and alcohol testing policy and that copies of the policy are available for inspection during regular business hours by its employees or job applicants in the employer's personnel office or other suitable locations.
Subd. 3.
Cannabis policy.
(a) Unless otherwise provided by state or federal law, an employer is not required to permit or accommodate cannabis flower, cannabis product, lower-potency hemp edible, or hemp-derived consumer product use, possession, impairment, sale, or transfer while an employee is working or while an employee is on the employer's premises or operating the employer's vehicle, machinery, or equipment.
(b) An employer may only enact and enforce written work rules prohibiting cannabis flower, cannabis product, lower-potency hemp edible, and hemp-derived consumer product use, possession, impairment, sale, or transfer while an employee, is working or while an employee is on the employer's premises or operating the employer's vehicle, machinery, or equipment in a written policy that contains the minimum information required by this section.
History:
1987 c 388 s 3; 2023 c 63 art 6 s 38
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.954 — Privacy, Confidentiality, And Privilege Safeguards.

181.954 PRIVACY, CONFIDENTIALITY, AND PRIVILEGE SAFEGUARDS.
Subdivision 1.
Privacy limitations.
A laboratory may only disclose to the employer test result data regarding the presence or absence of drugs, alcohol, or their metabolites in a sample tested.
Subd. 2.
Confidentiality limitations.
Test result reports and other information acquired in the drug or alcohol testing or cannabis testing process are, with respect to private sector employees and job applicants, private and confidential information, and, with respect to public sector employees and job applicants, private data on individuals as that phrase is defined in chapter 13, and may not be disclosed by an employer or laboratory to another employer or to a third-party individual, governmental agency, or private organization without the written consent of the employee or job applicant tested.
Subd. 3.
Exceptions to privacy and confidentiality disclosure limitations.
Notwithstanding subdivisions 1 and 2, evidence of a positive test result on a confirmatory test may be: (1) used in an arbitration proceeding pursuant to a collective bargaining agreement, an administrative hearing under chapter 43A or other applicable state or local law, or a judicial proceeding, provided that information is relevant to the hearing or proceeding; (2) disclosed to any federal agency or other unit of the United States government as required under federal law, regulation, or order, or in accordance with compliance requirements of a federal government contract; and (3) disclosed to a substance abuse treatment facility for the purpose of evaluation or treatment of the employee.
Subd. 4.
Privilege.
Positive test results from an employer drug or alcohol testing or cannabis testing program may not be used as evidence in a criminal action against the employee or job applicant tested.
History:
1987 c 388 s 5; 2023 c 63 art 6 s 40
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.955 — Construction.

181.955 CONSTRUCTION.
Subdivision 1.
Freedom to collectively bargain.
Sections 181.950 to 181.954 shall not be construed to limit the parties to a collective bargaining agreement from bargaining and agreeing with respect to a drug and alcohol testing or a cannabis testing policy that meets or exceeds, and does not otherwise conflict with, the minimum standards and requirements for employee protection provided in those sections.
Subd. 2.
Employee protections under existing collective bargaining agreements.
Sections 181.950 to 181.954 shall not be construed to interfere with or diminish any employee protections relating to drug and alcohol testing or cannabis testing already provided under collective bargaining agreements in effect on the effective date of those sections that exceed the minimum standards and requirements for employee protection provided in those sections.
Subd. 3.
Professional athletes.
Sections 181.950 to 181.954 shall not be construed to interfere with the operation of a drug and alcohol testing or cannabis testing program if:
(1) the drug and alcohol testing program is permitted under a contract between the employer and employees; and
(2) the covered employees are employed as professional athletes.
Upon request of the commissioner of labor and industry, the exclusive representative of the employees and the employer shall certify to the commissioner of labor and industry that the drug and alcohol testing or cannabis testing program permitted under the contract should operate without interference from the sections specified in this subdivision. This subdivision must not be construed to create an exemption from controlled substance crimes in chapter 152.
History:
1987 c 388 s 6; 2011 c 62 s 1; 2023 c 63 art 6 s 41
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.956 — Remedies.

181.956 REMEDIES.
Subdivision 1.
Exhaustion.
An employee or collective bargaining agent may bring an action under this section only after first exhausting all applicable grievance procedures and arbitration proceeding requirements under a collective bargaining agreement; provided that, an employee's right to bring an action under this section is not affected by a decision of a collective bargaining agent not to pursue a grievance.
Subd. 2.
Damages.
In addition to any other remedies provided by law, an employer or laboratory that violates sections 181.950 to 181.954 is liable to an employee or job applicant injured by the violation in a civil action for any damages allowable at law. If a violation is found and damages awarded, the court may also award reasonable attorney fees for a cause of action based on a violation of sections 181.950 to 181.954 if the court finds that the employer knowingly or recklessly violated sections 181.950 to 181.954.
Subd. 3.
Injunctive relief.
An employee or job applicant, a state, county, or city attorney, or a collective bargaining agent who fairly and adequately represents the interests of the protected class has standing to bring an action for injunctive relief requesting the district court to enjoin an employer or laboratory that commits or proposes to commit an act in violation of sections 181.950 to 181.954.
Subd. 4.
Other equitable relief.
Upon finding a violation of sections 181.950 to 181.954, or as part of injunctive relief granted under subdivision 3, a court may, in its discretion, grant any other equitable relief it considers appropriate, including ordering the injured employee or job applicant reinstated with back pay.
Subd. 5.
Retaliation prohibited.
An employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for asserting rights and remedies provided in sections 181.950 to 181.954.
History:
1987 c 388 s 7; 2023 c 53 art 11 s 36
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.957 — Federal Preemption.

181.957 FEDERAL PREEMPTION.
Subdivision 1.
Excluded employees and job applicants.
Except as provided under subdivision 2, the employee and job applicant protections provided under sections 181.950 to 181.956 do not apply to employees and job applicants where the specific work performed requires those employees and job applicants to be subject to drug and alcohol testing or cannabis testing pursuant to:
(1) federal regulations that specifically preempt state regulation of drug and alcohol testing or cannabis testing with respect to those employees and job applicants;
(2) federal regulations or requirements necessary to operate federally regulated facilities;
(3) federal contracts where the drug and alcohol testing or cannabis testing is conducted for security, safety, or protection of sensitive or proprietary data; or
(4) state agency rules that adopt federal regulations applicable to the interstate component of a federally regulated industry, and the adoption of those rules is for the purpose of conforming the nonfederally regulated intrastate component of the industry to identical regulation.
Subd. 2.
Exclusion limited.
Employers and testing laboratories must comply with the employee and job applicant protections provided under sections 181.950 to 181.956, with respect to employees or job applicants otherwise excluded under subdivision 1 from those protections, to the extent that the provisions of sections 181.950 to 181.956 are not inconsistent with or specifically preempted by the federal regulations, contract, or requirements applicable to drug and alcohol testing.
History:
1987 c 388 s 8; 2023 c 63 art 6 s 42
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.961 — Review Of Personnel Record By Employee.

181.961 REVIEW OF PERSONNEL RECORD BY EMPLOYEE.
Subdivision 1.
Right to review; frequency.
Upon written request by an employee, the employer shall provide the employee with an opportunity to review the employee's personnel record. An employer is not required to provide an employee with an opportunity to review the employee's personnel record if the employee has reviewed the personnel record during the previous six months; except that, upon separation from employment, an employee may review the employee's personnel record once each year after separation for as long as the personnel record is maintained.
Subd. 2.
Time; location; condition; copy.
(a) The employer shall comply with a written request pursuant to subdivision 1 no later than seven working days after receipt of the request if the personnel record is located in this state, or no later than 14 working days after receipt of the request if the personnel record is located outside this state.
(b) With respect to current employees, the personnel record or an accurate copy must be made available for review by the employee during the employer's normal hours of operation at the employee's place of employment or other reasonably nearby location, but need not be made available during the employee's working hours. The employer may require that the review be made in the presence of the employer or the employer's designee. After the review and upon the employee's written request, the employer shall provide a copy of the record to the employee.
(c) With respect to employees who are separated from employment, upon the employee's written request, the employer shall provide a copy of the personnel record to the employee. Providing a copy of the employee's personnel record to the employee satisfies the employer's responsibility to allow review as stated in subdivision 1.
(d) The employer may not charge a fee for the copy.
Subd. 3.
Good faith.
The employer may deny the employee the right to review the employee's personnel record if the employee's request to review is not made in good faith. The burden of proof that the request to review is not made in good faith is on the employer.
Subd. 4.
Employer defined.
For the purposes of this section, "employer" includes a person who has one or more employees.
History:
1989 c 349 s 2; 1992 c 445 s 1; 1994 c 595 s 2; 1997 c 180 s 3; 2004 c 137 s 2