reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.211 — Definitions.

181.211 DEFINITIONS.
Subdivision 1.
Application.
The terms defined in this section apply to sections 181.211 to 181.217.
Subd. 2.
Board.
"Board" means the Minnesota Nursing Home Workforce Standards Board established under section 181.212.
Subd. 3.
Certified worker organization.
"Certified worker organization" means a worker organization that is certified by the board to conduct nursing home worker trainings under section 181.214.
Subd. 4.
Commissioner.
"Commissioner" means the commissioner of labor and industry.
Subd. 5.
Compensation.
"Compensation" means all income and benefits paid by a nursing home employer to a nursing home worker or on behalf of a nursing home worker, including but not limited to wages, bonuses, differentials, paid leave, pay for scheduling changes, and pay for training or occupational certification.
Subd. 6.
Employer organization.
"Employer organization" means:
(1) an organization that is exempt from federal income taxation under section 501(c)(6) of the Internal Revenue Code and that represents nursing home employers; or
(2) an entity that employers, who together employ a majority of nursing home workers in Minnesota, have selected as a representative.
Subd. 7.
Nursing home.
"Nursing home" means a nursing home licensed under chapter 144A, or a boarding care home licensed under sections 144.50 to 144.56.
Subd. 8.
Nursing home employer.
"Nursing home employer" means an employer of nursing home workers in a licensed, Medicaid-certified facility that is reimbursed under chapter 256R.
Subd. 9.
Nursing home worker.
"Nursing home worker" means any worker who provides services in a nursing home in Minnesota, including direct care staff, non-direct care staff, and contractors, but excluding administrative staff, medical directors, nursing directors, physicians, and individuals employed by a supplemental nursing services agency.
Subd. 10.
Worker organization.
"Worker organization" means an organization that is exempt from federal income taxation under section 501(c)(3), 501(c)(4), or 501(c)(5) of the Internal Revenue Code, that is not dominated or interfered with by any nursing home employer within the meaning of United States Code, title 29, section 158a(2), and that has at least five years of demonstrated experience engaging with and advocating for nursing home workers.
History:
2023 c 53 art 3 s 3
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.215 — Required Notices.

181.215 REQUIRED NOTICES.
Subdivision 1.
Provision of notice.
(a) Nursing home employers must provide notices informing nursing home workers of the rights and obligations provided under sections 181.211 to 181.217 of applicable minimum nursing home employment standards and local minimum standards and that for assistance and information, nursing home workers should contact the Department of Labor and Industry. A nursing home employer must provide notice using the same means that the nursing home employer uses to provide other work-related notices to nursing home workers. Provision of notice must be at least as conspicuous as:
(1) posting a copy of the notice at each work site where nursing home workers work and where the notice may be readily seen and reviewed by all nursing home workers working at the site; or
(2) providing a paper or electronic copy of the notice to all nursing home workers and applicants for employment as a nursing home worker.
(b) The notice required by this subdivision must include text provided by the board that informs nursing home workers that they may request the notice to be provided in a particular language. The nursing home employer must provide the notice in the language requested by the nursing home worker. The board must assist nursing home employers in translating the notice in the languages requested by their nursing home workers.
Subd. 2.
Minimum content and posting requirements.
The board must adopt rules under section 14.389 specifying the minimum content and posting requirements for the notices required in subdivision 1. The board must make available to nursing home employers a template or sample notice that satisfies the requirements of this section and rules adopted under this section.
History:
2023 c 53 art 3 s 7
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.216 — Retaliation Prohibited.

181.216 RETALIATION PROHIBITED.
(a) A nursing home employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against a nursing home worker because the person has exercised or attempted to exercise rights protected under sections 181.211 to 181.217, including but not limited to:
(1) exercising any right afforded to the nursing home worker under sections 181.211 to 181.217;
(2) participating in any process or proceeding under sections 181.211 to 181.217, including but not limited to board hearings, board or department investigations, or other related proceedings; or
(3) attending or participating in the training required by section 181.214.
(b) It shall be unlawful for an employer to:
(1) inform another employer that a nursing home worker or former nursing home worker has engaged in activities protected under sections 181.211 to 181.217; or
(2) report or threaten to report the actual or suspected citizenship or immigration status of a nursing home worker, former nursing home worker, or family member of a nursing home worker to a federal, state, or local agency for exercising or attempting to exercise any right protected under sections 181.211 to 181.217.
(c) A person found to have experienced retaliation in violation of this section shall be entitled to back pay and reinstatement to the person's previous position, wages, benefits, hours, and other conditions of employment.
History:
2023 c 53 art 3 s 8
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.217 — Enforcement.

181.217 ENFORCEMENT.
Subdivision 1.
Minimum nursing home employment standards.
Except as provided in section 181.213, subdivision 4, paragraph (b) or (c), the minimum wages and other compensation established by the board in rule as minimum nursing home employment standards shall be the minimum wages and other compensation for nursing home workers or a subgroup of nursing home workers as a matter of state law. Except as provided in section 181.213, subdivision 4, paragraph (b) or (c), it shall be unlawful for a nursing home employer to employ a nursing home worker for lower wages or other compensation than that established as the minimum nursing home employment standards.
Subd. 2.
Investigations.
The commissioner may investigate possible violations of sections 181.214 to 181.217 or of the minimum nursing home employment standards established by the board whenever it has cause to believe that a violation has occurred, either on the basis of a report of a suspected violation or on the basis of any other credible information, including violations found during the course of an investigation.
Subd. 3.
Civil action by nursing home worker.
(a) One or more nursing home workers may bring a civil action in district court seeking redress for violations of sections 181.211 to 181.217 or of any applicable minimum nursing home employment standards or local minimum nursing home employment standards. Such an action may be filed in the district court of the county where a violation or violations are alleged to have been committed or where the nursing home employer resides, or in any other court of competent jurisdiction, and may represent a class of similarly situated nursing home workers.
(b) Upon a finding of one or more violations, a nursing home employer shall be liable to each nursing home worker for the full amount of the wages, benefits, and overtime compensation, less any amount the nursing home employer is able to establish was actually paid to each nursing home worker, and for an additional equal amount as liquidated damages. In an action under this subdivision, nursing home workers may seek damages and other appropriate relief provided by section 177.27, subdivision 7, or otherwise provided by law, including reasonable costs, disbursements, witness fees, and attorney fees. A court may also issue an order requiring compliance with sections 181.211 to 181.217 or with the applicable minimum nursing home employment standards or local minimum nursing home employment standards. A nursing home worker found to have experienced retaliation in violation of section 181.216 shall be entitled to back pay and reinstatement to the worker's previous position, wages, benefits, hours, and other conditions of employment.
(c) An agreement between a nursing home employer and nursing home worker or labor union that fails to meet the minimum standards and requirements in sections 181.211 to 181.217 or established by the board is not a defense to an action brought under this subdivision.
History:
2023 c 53 art 3 s 9
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.275 — Regulating Nurses' Overtime.

181.275 REGULATING NURSES' OVERTIME.
Subdivision 1.
Definitions.
For purposes of this section, the following terms have the meanings given them:
(1) "emergency" means a period when replacement staff are not able to report for duty for the next shift or increased patient need, because of unusual, unpredictable, or unforeseen circumstances such as, but not limited to, an act of terrorism, a disease outbreak, adverse weather conditions, or natural disasters which impact continuity of patient care;
(2) "normal work period" means 12 or fewer consecutive hours consistent with a predetermined work shift;
(3) "nurse" has the meaning given in section 148.171, subdivision 9, and includes nurses employed by the state of Minnesota; and
(4) "taking action against" means discharging; disciplining; penalizing; interfering with; threatening; restraining; coercing; reporting to the Board of Nursing; or otherwise retaliating or discriminating against regarding compensation, terms, conditions, location, or privileges of employment.
Subd. 2.
Prohibited actions.
Except as provided in subdivision 3, a hospital or other entity licensed under sections 144.50 to 144.58, and its agent, or other health care facility licensed by the commissioner of health, and the facility's agent, is prohibited from taking action against a nurse solely on the grounds that the nurse fails to accept an assignment of additional consecutive hours at the facility in excess of a normal work period, if the nurse declines to work additional hours because doing so may, in the nurse's judgment, jeopardize patient safety. This subdivision does not apply to a nursing facility, an intermediate care facility for persons with developmental disabilities, a licensed boarding care facility, or a housing with services establishment.
Subd. 2a.
State nurses.
Subdivision 2 applies to a nurse employed by the state of Minnesota regardless of the type of facility in which the nurse is employed and regardless of the facility's license, if the nurse is involved in resident or patient care.
Subd. 2b.
MS 2007 Supp [Expired]
Subd. 2c.
Collective bargaining rights.
This section does not diminish or impair the rights of a person under any collective bargaining agreement.
Subd. 3.
Emergency.
Notwithstanding subdivision 2, a nurse may be scheduled for duty or required to continue on duty for more than one normal work period in an emergency.
Subd. 4.
Exception.
Section 645.241 does not apply to violations of this section.
History:
2002 c 272 s 3; 2005 c 56 s 1; 2007 c 46 s 2-5; 2023 c 53 art 11 s 24
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.52 — Interference With Employment.

181.52 INTERFERENCE WITH EMPLOYMENT.
No individual, corporation, member of any firm, or any agent, officer, or employee of any of them, shall contrive or conspire to prevent any person from obtaining or holding any employment, or discharge, or procure or attempt to procure the discharge of, any person from employment, by reason of the person having engaged in a strike.
History:
(4201) RL s 1822; 1986 c 444
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.53 — Conditions Precedent To Employment Not Required.

181.53 CONDITIONS PRECEDENT TO EMPLOYMENT NOT REQUIRED.
No person, whether acting directly or through an agent, or as the agent or employee of another, shall require as a condition precedent to employment any written statement as to the participation of the applicant in a strike, or as to a personal record, for more than one year immediately preceding the date of application; nor shall any person, acting in any of these capacities, use or require blanks or forms of application for employment in contravention of this section. Nothing in this section precludes an employer from requesting or considering an applicant's criminal history pursuant to section 364.021 or other applicable law.
History:
(4202) RL s 1823; 1986 c 444; 2013 c 61 s 1
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.535 — Armed Forces Reserves Or National Guard Status.

181.535 ARMED FORCES RESERVES OR NATIONAL GUARD STATUS.
(a) No person, whether acting directly or through an agent or as the agent or employee of another, may, with intent to discriminate:
(1) ask a person seeking employment with that person or the employer represented by that person whether the person seeking employment is a member of the National Guard or a reserve component of the United States armed forces; or
(2) require the person seeking employment to make any oral or written statement concerning National Guard or reserve status as a condition precedent to employment.
(b) The adjutant general and the commissioner of veterans affairs shall use reasonable means to publicize this section. This section does not apply to public employers asking a question or requesting a statement for the purpose of determining whether a veterans preference applies.
(c) Section 645.241 does not apply to this section.
History:
2004 c 256 art 1 s 2
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.536 — Posting Of Veterans' Benefits And Services.

181.536 POSTING OF VETERANS' BENEFITS AND SERVICES.
Subdivision 1.
Poster creation; content.
(a) The commissioner shall consult with the commissioner of veterans affairs to create and distribute a veterans' benefits and services poster.
(b) The poster must, at a minimum, include information regarding the following benefits and services available to veterans:
(1) contact and website information for the Department of Veterans Affairs and the department's veterans' services program;
(2) substance use disorder and mental health treatment;
(3) educational, workforce, and training resources;
(4) tax benefits;
(5) Minnesota state veteran drivers' licenses and state identification cards;
(6) eligibility for unemployment insurance benefits under state and federal law;
(7) legal services; and
(8) contact information for the U.S. Department of Veterans Affairs Veterans Crisis Line.
(c) The commissioner must annually review the poster's content and update the poster to include the most current information available.
Subd. 2.
Mandatory posting.
Every employer in the state with more than 50 full-time equivalent employees shall display the poster created pursuant to this section in a conspicuous place accessible to employees in the workplace.
History:
2023 c 53 art 1 s 12
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.54 — Commissioner Of Human Services, Safety Inspection Work.

181.54 COMMISSIONER OF HUMAN SERVICES, SAFETY INSPECTION WORK.
The commissioner of human services is hereby authorized and empowered to expend out of any relief funds available therefor such sums of money which in the commissioner's judgment may be necessary for safety inspection work required by law for the protection of employees engaged upon such state and federal projects as may be designated by the commissioner.
History:
(4202-1) 1935 c 233 s 1; 1939 c 431 art 7 s 2; 1953 c 593 s 2; 1984 c 654 art 5 s 58; 1986 c 444
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.55 — Written Statement To Employees By Employers.

181.55 WRITTEN STATEMENT TO EMPLOYEES BY EMPLOYERS.
When a contract of employment is consummated between an employer and an employee for work to be performed in this state, or for work to be performed in another state for an employer localized in this state, the employer shall give to the employee a written and signed agreement of hire, which shall clearly and plainly state:
(1) the date on which the agreement was entered into;
(2) the date on which the services of the employee are to begin;
(3) the rate of pay per unit of time, or of commission, or by the piece, so that wages due may be readily computed;
(4) the number of hours a day which shall constitute a regular day's work, and whether or not additional hours the employee is required to work shall constitute overtime and be paid for, and, if so, the rate of pay for overtime work; and
(5) a statement of any special responsibility undertaken by the employee, not forbidden by law, which, if not properly performed by the employee, will entitle the employer to make deductions from the wages of the employee, and the terms upon which such deductions may be made.
History:
(4126-11) 1933 c 250 s 1
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.56 — No Statement Given; Burden Of Proof.

181.56 NO STATEMENT GIVEN; BURDEN OF PROOF.
Where no such written agreement is entered into the burden of proof shall be upon the employer to establish the terms of the verbal agreement in case of a dispute with the employee as to its terms.
History:
(4126-12) 1933 c 250 s 2
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.57 — Application Of Sections 181.55 And 181.56.

181.57 APPLICATION OF SECTIONS 181.55 AND 181.56.
Sections 181.55 and 181.56 shall not apply to farm labor, nor to casual employees temporarily employed, nor employers employing less than ten employees.
History:
(4126-13) 1933 c 250 s 3
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.58 — Surviving Spouse Paid Wages Due.

181.58 SURVIVING SPOUSE PAID WAGES DUE.
For the purposes of this section the word "employer" includes every person, firm, partnership, corporation, the state of Minnesota, all political subdivisions, and all municipal corporations.
If, at the time of the death of any person, an employer is indebted to the person for work, labor, or services performed, and no personal representative of the person's estate has been appointed, such employer shall, upon the request of the surviving spouse, forthwith pay this indebtedness, in such an amount as may be due, not exceeding the sum of $10,000, to the surviving spouse. The employer may in the same manner provide for payment to the surviving spouse of accumulated credits under the vacation or overtime plan or system maintained by the employer. The employer shall require proof of claimant's relationship to decedent by affidavit, and require claimant to acknowledge receipt of such payment in writing. Any payments made by the employer pursuant to the provisions of this section shall operate as a full and complete discharge of the employer's indebtedness to the extent of the payment, and no employer shall thereafter be liable therefor to the decedent's estate or the decedent's personal representative thereafter appointed. Any amounts so received by a spouse shall be considered in diminution of the allowance to the spouse under section 524.2-403.
History:
1941 c 408 s 1; 1951 c 531 s 1; 1957 c 126 s 1; 1969 c 954 s 1; 1986 c 444; 1987 c 325 s 1; 1999 c 86 art 1 s 45
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.59 — Discrimination On Account Of Race, Creed, Or Color Prohibited In Contract.

181.59 DISCRIMINATION ON ACCOUNT OF RACE, CREED, OR COLOR PROHIBITED IN CONTRACT.
Every contract for or on behalf of the state of Minnesota, or any county, city, town, township, school, school district, or any other district in the state, for materials, supplies, or construction shall contain provisions by which the contractor agrees:
(1) that, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates;
(2) that no contractor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color;
(3) that a violation of this section is a misdemeanor; and
(4) that this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract.
History:
1941 c 238; 1973 c 123 art 5 s 7; 1984 c 609 s 11
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.60 — Definitions.

181.60 DEFINITIONS.
Subdivision 1.
Terms.
For the purposes of sections 181.60 to 181.62, unless a different meaning is indicated by the context, the terms defined in this section shall have the meanings given them.
Subd. 2.
Employer.
"Employer" means any individual, partnership, association, corporation, legal representative, trustee, receiver, trustee in bankruptcy, and any common carrier by rail, motor, water, air or express company doing business in or operating within the state.
Subd. 3.
Employee.
"Employee" means any person who may be permitted, required, or directed by any employer, as defined in subdivision 2, in consideration of direct or indirect gain or profit, to engage in any employment.
History:
1951 c 201 s 1
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.61 — Medical Examination; Records, Costs.

181.61 MEDICAL EXAMINATION; RECORDS, COSTS.
It is unlawful for any employer to require any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any records required by the employer as a condition of employment, except certificates of attending physicians in connection with the administration of an employee's pension and disability benefit plan or citizenship papers or birth records.
History:
1951 c 201 s 2; 1Sp2001 c 9 art 15 s 32
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.63 — Sale Or Use Of Silicate, Silica Dust, Or Silicon Flour For Certain Purposes.

181.63 SALE OR USE OF SILICATE, SILICA DUST, OR SILICON FLOUR FOR CERTAIN PURPOSES.
It shall be unlawful and a misdemeanor in the state of Minnesota to sell or use any materials used in a dry state for dusting the surface of molds to form a separation of the component parts of the mold which contain silicate, silica dust, or silica flour. It shall be the duty of the Department of Labor and Industry to see that the provisions of this section are enforced and to institute proceedings against any employer or other person who shall violate its provisions.
History:
1953 c 484 s 1; Ex1967 c 1 s 6
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.64 — False Statements As Inducement To Entering Employment.

181.64 FALSE STATEMENTS AS INDUCEMENT TO ENTERING EMPLOYMENT.
It shall be unlawful for any person, partnership, company, corporation, association, or organization of any kind, doing business in this state, directly or through any agent or attorney, to induce, influence, persuade, or engage any person to change from one place to another in this state, or to change from any place in any state, territory, or country to any place in this state, to work in any branch of labor through or by means of knowingly false representations, whether spoken, written, or advertised in printed form, concerning the kind or character of such work, the compensation therefor, the sanitary conditions relating to or surrounding it, or failure to state in any advertisement, proposal, or contract for the employment that there is a strike or lockout at the place of the proposed employment, when in fact such strike or lockout then actually exists in such employment at such place. Any such unlawful acts shall be deemed a false advertisement or misrepresentation for the purposes of this section and section 181.65.
History:
(10392) 1913 c 544 s 1; 1923 c 272 s 1
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.645 — Expenses For Background Checks, Testing, And Orientation.

181.645 EXPENSES FOR BACKGROUND CHECKS, TESTING, AND ORIENTATION.
Except as provided by section 123B.03 or as otherwise specifically provided by law, an employer, as defined in section 181.931, or a prospective employer may not require an employee or prospective employee to pay for expenses incurred in criminal or background checks, credit checks, or orientation. An employer or prospective employer may not require an employee or prospective employee to pay for the expenses of training or testing that is required by federal or state law or is required by the employer for the employee to maintain the employee's current position, unless the training or testing is required to obtain or maintain a license, registration, or certification for the employee or prospective employee.
History:
2002 c 380 art 3 s 1
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.65 — Penalties.

181.65 PENALTIES.
Any person, firm, association, or corporation violating any provision of section 181.64 and this section shall be guilty of a misdemeanor. Any person who shall be influenced, induced, or persuaded to enter or change employment or change a place of employment through or by means of any of the things prohibited in section 181.64, shall have a right of action for the recovery of all damages sustained in consequence of the false or deceptive representations, false advertising, or false pretenses used to induce the person to enter into or change a place of employment, against any person, firm, association, or corporation directly or indirectly causing such damage; and, in addition to all such actual damages such person may have sustained, shall have the right to recover such reasonable attorney fees as the court shall fix, to be taxed as costs in any judgment recovered.
History:
(10393) 1913 c 544 s 2; 1923 c 272 s 2; 1986 c 444
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.66 — Equal Pay For Equal Work Law; Definitions.

181.66 EQUAL PAY FOR EQUAL WORK LAW; DEFINITIONS.
Subdivision 1.
Scope.
For the purpose of sections 181.66 to 181.71 the terms defined in this section have the meanings given them.
Subd. 2.
Employer.
"Employer" means any person employing one or more employees, but does not include the state or any municipal corporation or political subdivision of the state having in force a civil service system based on merit, or the federal government.
Subd. 3.
Employee.
"Employee" means an individual who, otherwise than as copartner of the employer or as an independent contractor, renders personal service wholly or partly in this state to an employer who pays or agrees to pay such individual at a fixed rate. However, where services are rendered only partly in this state, an individual is not an employee unless a contract of employment has been entered into, or payments thereunder are ordinarily made or to be made within this state.
Subd. 4.
Wages.
"Wages" means all compensation for performance of services by an employee for an employer whether paid by the employer or another person including cash value of all compensation paid in any medium other than cash.
Subd. 5.
Rate.
"Rate" with reference to wages means the basis of compensation for services by an employee for an employer and includes compensation based on the time spent in the performance of such services, or on the number of operations accomplished, or on the quantity produced or handled.
Subd. 6.
Unpaid wages.
"Unpaid wages" means the difference between the wages actually paid to an employee and the wages required under section 181.67 to be paid to such employee.
History:
1969 c 143 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.67 — Wage Discrimination Based On Sex; Protection Of Employees Involved In Proceeding.

181.67 WAGE DISCRIMINATION BASED ON SEX; PROTECTION OF EMPLOYEES INVOLVED IN PROCEEDING.
Subdivision 1.
General prohibition.
No employer shall discriminate between employees on the basis of sex by paying wages to employees at a rate less than the rate the employer pays to employees of the opposite sex for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions, except where such payment is made pursuant to a seniority system, a merit system, a system which measures earnings by quantity or quality of production, or a differential based on any other factor other than sex. Provided, that an employer who is paying a wage rate differential in violation of sections 181.66 to 181.71 shall not, in order to comply with the provisions of sections 181.66 to 181.71, reduce the wage rate of any employee.
Subd. 2.
Employees involved in proceeding.
No employer shall discriminate against any employee in regard to hire or tenure of employment or any term or condition of employment because the employee has filed a complaint in a proceeding under sections 181.66 to 181.71, or has testified, or is about to testify, in any investigation or proceedings pursuant to sections 181.66 to 181.71 or in a criminal action pursuant to sections 181.66 to 181.71.
History:
1969 c 143 s 2; 1986 c 444
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.68 — Actions; Limitations, Damages, Attorney Fees, Parties, Compromises.

181.68 ACTIONS; LIMITATIONS, DAMAGES, ATTORNEY FEES, PARTIES, COMPROMISES.
Subdivision 1.
Right of action.
Any employee whose compensation is at a rate that is in violation of section 181.67 has a right of action against an employer for the recovery of the amount of the unpaid wages to which the employee is entitled for the one year period preceding the commencement of the action, and an amount up to the amount of these unpaid wages may be levied at the discretion of the court as exemplary damages.
Subd. 2.
Attorney fees.
In addition to any judgment awarded to the plaintiff, the court shall allow reasonable attorney fees to be taxed as costs.
Subd. 3.
Parties to action.
The action for the unpaid wages and liquidated damages may be maintained by one or more employees on behalf of themselves or other employees similarly situated.
Subd. 4.
Agreements for lesser compensation.
An agreement for compensation at a rate less than the rate to which an employee is entitled under sections 181.66 to 181.71 is not a defense to any such action.
History:
1969 c 143 s 3; 1986 c 444
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.721 — Construction Bid Equity.

181.721 CONSTRUCTION BID EQUITY.
Subdivision 1.
Workers' compensation and unemployment contribution costs.
A successful bidder on a project must provide coverage for workers' compensation and unemployment benefits for its employees required under chapters 176 and 268, respectively, and other state and federal laws.
Subd. 2.
Employee status.
Employee status shall be determined using the same tests and in the same manner as employee status is determined under the applicable workers' compensation and unemployment insurance program laws and rules.
Subd. 3.
Scope.
This section applies to any nonresidential project for the construction, repair, remodeling, alteration, conversion, modernization, improvement, rehabilitation, replacement, or renovation of a building or structure.
Subd. 4.
Civil remedy.
A person injured by a violation of subdivision 1 may bring an action for damages against the violator. There is a rebuttable presumption that a losing bidder on a project on which a violation of subdivision 1 has occurred has suffered damages in an amount equal to the profit it projected to make on its bid. The court may award attorney fees, costs, and disbursements to a party recovering under this subdivision.
Subd. 5.
Penalty.
In addition to any other penalties provided by law for the failure to obtain required workers' compensation coverage or the failure to make unemployment benefits contributions, a person violating subdivision 1 is guilty of a misdemeanor.
History:
1991 c 260 s 1; 1994 c 488 s 8; 1997 c 66 s 80; 1999 c 107 s 66; 2000 c 343 s 4
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.722 — Misrepresentation Of Employment Relationship Prohibited.

181.722 MISREPRESENTATION OF EMPLOYMENT RELATIONSHIP PROHIBITED.
Subdivision 1.
Prohibition.
No employer shall misrepresent the nature of its employment relationship with its employees to any federal, state, or local government unit; to other employers; or to its employees. An employer misrepresents the nature of its employment relationship with its employees if it makes any statement regarding the nature of the relationship that the employer knows or has reason to know is untrue and if it fails to report individuals as employees when legally required to do so.
Subd. 2.
Agreements to misclassify prohibited.
No employer shall require or request any employee to enter into any agreement, or sign any document, that results in misclassification of the employee as an independent contractor or otherwise does not accurately reflect the employment relationship with the employer.
Subd. 3.
Determination of employment relationship.
For purposes of this section, the nature of an employment relationship is determined using the same tests and in the same manner as employee status is determined under the applicable workers' compensation and unemployment insurance program laws and rules.
Subd. 4.
Civil remedy.
A construction worker, as defined in section 179.254, who is not an independent contractor and has been injured by a violation of this section, may bring a civil action for damages against the violator. If the construction worker injured is an employee of the violator of this section, the employee's representative, as defined in section 179.01, subdivision 5, may bring a civil action for damages against the violator on behalf of the employee. The court may award attorney fees, costs, and disbursements to a construction worker recovering under this section.
Subd. 5.
Reporting of violations.
Any court finding that a violation of this section has occurred shall transmit a copy of its findings of fact and conclusions of law to the commissioner of labor and industry. The commissioner of labor and industry shall report the finding to relevant state and federal agencies, including the commissioner of commerce, the commissioner of employment and economic development, the commissioner of revenue, the federal Internal Revenue Service, and the United States Department of Labor.
History:
1Sp2005 c 1 art 4 s 41
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.73 — Migrant Labor; Health Insurance.

181.73 MIGRANT LABOR; HEALTH INSURANCE.
Subdivision 1.
Health insurance requirement.
Any person, association, organization, or other group employing five or more persons, full time, part time or otherwise, who come within the definition of recruited migrant laborers as hereafter defined and who are employed or are recruited to be employed in the processing of agricultural produce other than as field labor, shall provide at its expense health care insurance during the period of employment or for illness or injury incurred while employed. Such health care insurance shall be in accordance with such rules as the commissioner of labor and industry may prescribe by rule for each such recruited migrant laborer who is not a resident of Minnesota and who does not have health care insurance meeting the requirements of the rules promulgated by the commissioner of labor and industry.
Subd. 2.
Exception.
No such insurance need be purchased for any employee performing exclusively agricultural labor as defined by section 3121(g) of the Internal Revenue Code of 1954.
Subd. 3.
Recruited migrant laborer defined.
For the purposes of this section, a recruited migrant laborer is a migrant laborer who is offered some type of housing or transportation expense by an employer as an inducement to employment or anticipated employment.
History:
1971 c 752 s 1; 1973 c 254 s 3; 1977 c 430 s 25 subd 1; 1985 c 248 s 70; 1Sp1985 c 14 art 9 s 75; 1986 c 444; 1994 c 483 s 1; 2004 c 206 s 30
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.74 — Failure Of Employer To Pay Benefits Or Wage Supplements, Penalty.

181.74 FAILURE OF EMPLOYER TO PAY BENEFITS OR WAGE SUPPLEMENTS, PENALTY.
Subdivision 1.
Gross misdemeanor.
Any employer required under the provisions of an agreement to which the employer is a party to pay or provide benefits or wage supplements to employees or to a third party or fund for the benefit of employees, and who refuses to pay the amount or amounts necessary to provide such benefits or furnish such supplements within 30 days after such payments are required to be made under law or under agreement, is guilty of a gross misdemeanor. If such employer is a corporation, any officer who intentionally violates the provisions of this section shall be guilty of a gross misdemeanor. The institution of bankruptcy proceedings according to law shall be a defense to any criminal action under this section.
Subd. 2.
Benefits or wage supplements defined.
As used in this section, the term "benefits or wage supplements" includes, but is not limited to, reimbursement for expenses; health, welfare, and retirement benefits; and vacation, separation or holiday pay.
History:
1973 c 602 s 1; 1986 c 444; 2005 c 127 s 2
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.75 — Polygraph Tests Of Employees Or Prospective Employees Prohibited.

181.75 POLYGRAPH TESTS OF EMPLOYEES OR PROSPECTIVE EMPLOYEES PROHIBITED.
Subdivision 1.
Prohibition, penalty.
No employer or agent thereof shall directly or indirectly solicit or require a polygraph, voice stress analysis, or any test purporting to test the honesty of any employee or prospective employee. No person shall sell to or interpret for an employer or the employer's agent a test that the person knows has been solicited or required by an employer or agent to test the honesty of an employee or prospective employee. An employer or agent or any person knowingly selling, administering, or interpreting tests in violation of this section is guilty of a misdemeanor. If an employee requests a polygraph test any employer or agent administering the test shall inform the employee that taking the test is voluntary.
Subd. 2.
Investigations.
The Department of Labor and Industry shall investigate suspected violations of this section. The department may refer any evidence available concerning violations of this section to the county attorney of the appropriate county, who may with or without such reference, institute the appropriate criminal proceedings under this section.
Subd. 3.
Injunctive relief.
In addition to the penalties provided by law for violation of this section, specifically and generally, whether or not injunctive relief is otherwise provided by law, the courts of this state are vested with jurisdiction to prevent and restrain violations of this section and to require the payment of civil penalties. Whenever it shall appear to the satisfaction of the attorney general that this section has been or is being violated, the attorney general shall be entitled, on behalf of the state, to sue for and have injunctive relief in any court of competent jurisdiction against any such violation or threatened violation without abridging other penalties provided by law.
Subd. 4.
Individual remedies.
In addition to the remedies otherwise provided by law, any person injured by a violation of this section may bring a civil action to recover any and all damages recoverable at law, together with costs and disbursements, including costs of investigation and reasonable attorney's fees, and receive other equitable relief as determined by the court. The court may, as appropriate, enter a consent judgment or decree without a finding of illegality.
History:
1973 c 667 s 1; 1976 c 256 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.76 — Disclosure Of Lie Detector Tests Prohibited.

181.76 DISCLOSURE OF LIE DETECTOR TESTS PROHIBITED.
No person shall disclose that another person has taken a polygraph or any test purporting to test honesty or the results of that test except to the individual tested. If such a test is given after August 1, 1973 and at the employee's request, the results may be given only to persons authorized by the employee to receive the results. A person who violates this section is guilty of a misdemeanor.
History:
1973 c 667 s 2
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.78 — Agreements; Terms Relating To Inventions.

181.78 AGREEMENTS; TERMS RELATING TO INVENTIONS.
Subdivision 1.
Inventions not related to employment.
Any provision in an employment agreement which provides that an employee shall assign or offer to assign any of the employee's rights in an invention to the employer shall not apply to an invention for which no equipment, supplies, facility or trade secret information of the employer was used and which was developed entirely on the employee's own time, and (1) which does not relate (a) directly to the business of the employer or (b) to the employer's actual or demonstrably anticipated research or development, or (2) which does not result from any work performed by the employee for the employer. Any provision which purports to apply to such an invention is to that extent against the public policy of this state and is to that extent void and unenforceable.
Subd. 2.
Effect of subdivision 1.
No employer shall require a provision made void and unenforceable by subdivision 1 as a condition of employment or continuing employment.
Subd. 3.
Notice to employee.
If an employment agreement entered into after August 1, 1977 contains a provision requiring the employee to assign or offer to assign any of the employee's rights in any invention to an employer, the employer must also, at the time the agreement is made, provide a written notification to the employee that the agreement does not apply to an invention for which no equipment, supplies, facility or trade secret information of the employer was used and which was developed entirely on the employee's own time, and (1) which does not relate (a) directly to the business of the employer or (b) to the employer's actual or demonstrably anticipated research or development, or (2) which does not result from any work performed by the employee for the employer.
History:
1977 c 47 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.79 — Wages Deductions For Faulty Workmanship, Loss, Theft, Or Damage.

181.79 WAGES DEDUCTIONS FOR FAULTY WORKMANSHIP, LOSS, THEFT, OR DAMAGE.
Subdivision 1.
Deduction requirements.
(a) No employer shall make any deduction, directly or indirectly, from the wages due or earned by any employee, who is not an independent contractor, for lost or stolen property, damage to property, or to recover any other claimed indebtedness running from employee to employer, unless the employee, after the loss has occurred or the claimed indebtedness has arisen, voluntarily authorizes the employer in writing to make the deduction or unless the employee is held liable in a court of competent jurisdiction for the loss or indebtedness. Such authorization shall not be admissible as evidence in any civil or criminal proceeding. Any authorization for a deduction shall set forth the amount to be deducted from the employee's wages during each pay period.
(b) A deduction may not be in excess of the amount established by law as subject to garnishment or execution on wages.
(c) Any agreement entered into between an employer and an employee contrary to this section shall be void. This section shall not apply to the following:
(1) in cases where a contrary provision in a collective bargaining agreement exists;
(2) any rules established by an employer for employees who are commissioned salespeople, where the rules are used for purposes of discipline, by fine or otherwise, in cases where errors or omissions in performing their duties exist; or
(3) in cases where an employee, prior to making a purchase or loan from the employer, voluntarily authorizes in writing that the cost of the purchase or loan shall be deducted from the employee's wages, at regular intervals or upon termination of employment.
Subd. 2.
Violations by employer.
An employer who violates the provisions of this section shall be liable in a civil action brought by the employee for twice the amount of the deduction or credit taken.
History:
1977 c 227 s 1; 1978 c 588 s 1; 1Sp1985 c 13 s 293; 1986 c 444
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.80 — Union Notice Of Injury Or Death.

181.80 UNION NOTICE OF INJURY OR DEATH.
If a work-related death or work-related injury which requires a report to the commissioner of labor and industry in accordance with section 176.231, subdivision 1, occurs, a copy of the report shall be mailed by the employer to the employee's local union at the local union office within 48 hours after the employer receives notice of the occurrence.
History:
1977 c 230 s 1
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.82 — Benefits Based On Job Performance Prohibited.

181.82 BENEFITS BASED ON JOB PERFORMANCE PROHIBITED.
No employer may terminate or threaten to terminate:
(1) group accident and health insurance coverage;
(2) group life insurance coverage; or
(3) pension benefits
for an employee, including a commissioned agent, based on the employee's job performance unless the employer has first given the employee the opportunity to continue coverage by making the same contribution the employer would have to make to continue coverage for the employee.
History:
1978 c 697 s 1
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.83 — Corn Detasselers; Termination Of Employment.

181.83 CORN DETASSELERS; TERMINATION OF EMPLOYMENT.
Upon termination by the employer of employment to perform corn detasseling, or injury to, or illness of the employee, the employer shall provide transportation to the terminated, injured or ill individual from the place of work to the location at which the employee was picked up on the day of termination, injury or illness. The employer shall pay a terminated, injured or ill individual at the individual's usual rate of pay during the time period between when the individual was terminated, injured or became ill, and when the employer returned the individual to the location at which the employee was picked up.
History:
1978 c 731 s 2; 1986 c 444