reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.962 — Removal Or Revision Of Information.

181.962 REMOVAL OR REVISION OF INFORMATION.
Subdivision 1.
Agreement; failure to agree; position statement.
(a) If an employee disputes specific information contained in the employee's personnel record:
(1) the employer and the employee may agree to remove or revise the disputed information; and
(2) if an agreement is not reached, the employee may submit a written statement specifically identifying the disputed information and explaining the employee's position.
(b) The employee's position statement may not exceed five written pages. The position statement must be included along with the disputed information for as long as that information is maintained in the employee's personnel record. A copy of the position statement must also be provided to any other person who receives a copy of the disputed information from the employer after the position statement is submitted.
Subd. 2.
Defamation actions prohibited.
(a) No communication by an employee of information obtained through a review of the employee's personnel record may be made the subject of any action by the employee for libel, slander, or defamation, unless the employee requests that the employer comply with subdivision 1 and the employer fails to do so.
(b) No communication by an employer of information contained in an employee's personnel record after the employee has exercised the employee's right to review pursuant to section 181.961 may be made the subject of any common law civil action for libel, slander, or defamation unless:
(1) the employee has disputed specific information contained in the personnel record pursuant to subdivision 1;
(2) the employer has refused to agree to remove or revise the disputed information;
(3) the employee has submitted a written position statement as provided under subdivision 1; and
(4) the employer either (i) has refused or negligently failed to include the employee's position statement along with the disputed information or thereafter provide a copy of the statement to other persons as required under subdivision 1, or (ii) thereafter communicated the disputed information with knowledge of its falsity or in reckless disregard of its falsity.
(c) A common law civil action for libel, slander, or defamation based upon a communication of disputed information contained in an employee's personnel record is not prohibited if the communication is made after the employer and the employee reach an agreement to remove or revise disputed information and the communication is not consistent with the agreement.
History:
1989 c 349 s 3; 1992 c 445 s 2
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.963 — Use Of Omitted Personnel Record.

181.963 USE OF OMITTED PERSONNEL RECORD.
Information properly belonging in an employee's personnel record that was omitted from the personnel record provided by an employer to an employee for review pursuant to section 181.961 may not be used by the employer in an administrative, judicial, or quasi-judicial proceeding, unless the employer did not intentionally omit the information and the employee is given a reasonable opportunity to review the omitted information prior to its use.
History:
1989 c 349 s 4
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.9631 — Notice Of Employee Rights.

181.9631 NOTICE OF EMPLOYEE RIGHTS.
An employer as defined under section 181.960, subdivision 3, shall provide written notice to a job applicant upon hire of the rights and remedies provided in sections 181.960 to 181.965.
History:
2007 c 119 s 1
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.964 — Retaliation Prohibited.

181.964 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 or remedies provided in sections 181.960 to 181.965.
History:
1989 c 349 s 5; 2023 c 53 art 11 s 37
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.9641 — Enforcement.

181.9641 ENFORCEMENT.
The Department of Labor and Industry shall enforce sections 181.960 to 181.964. The department may assess a fine of up to $5,000 for a violation of sections 181.960 to 181.964.
The fine, together with costs and attorney fees, may be recovered in a civil action in the name of the department brought in the district court of the county where the violation is alleged to have occurred or where the commissioner has an office.
The fine provided by this section is in addition to any other remedy provided by law.
History:
1994 c 632 art 4 s 59
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.965 — Remedies.

181.965 REMEDIES.
Subdivision 1.
General.
In addition to other remedies provided by law, if an employer violates a provision of sections 181.960 to 181.964, the employee may bring a civil action to compel compliance and for the following relief:
(1) for a violation of sections 181.960 to 181.963, actual damages only, plus costs; and
(2) for a violation of section 181.964, actual damages, back pay, and reinstatement or other make-whole, equitable relief, plus reasonable attorney fees.
Subd. 2.
Limitations period.
Any civil action maintained by the employee under this section must be commenced within one year of the actual or constructive discovery of the alleged violation.
History:
1989 c 349 s 6
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.966 — Additional Right Of Access To Records.

181.966 ADDITIONAL RIGHT OF ACCESS TO RECORDS.
Sections 181.960 to 181.965 do not prevent an employer from providing additional rights to employees and do not diminish a right of access to records under chapter 13.
History:
1989 c 349 s 7
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.970 — Employee Indemnification.

181.970 EMPLOYEE INDEMNIFICATION.
Subdivision 1.
Indemnification required.
An employer shall defend and indemnify its employee for civil damages, penalties, or fines claimed or levied against the employee, provided that the employee:
(1) was acting in the performance of the duties of the employee's position;
(2) was not guilty of intentional misconduct, willful neglect of the duties of the employee's position, or bad faith; and
(3) has not been indemnified by another person for the same damages, penalties, or fines.
Subd. 2.
Exception.
Subdivision 1 does not apply to:
(1) employees of the state or a municipality governed by section 3.736 or 466.07;
(2) employees who are subject to a contract or other agreement governing indemnification rights;
(3) employees and employers who are governed by indemnification provisions under section 302A.521, 317A.521, or 322C.0408, or similar laws of this state or another state specifically governing indemnification of employees of business or nonprofit corporations, limited liability companies, or other legal entities; or
(4) indemnification rights for a particular liability specifically governed by other law.
History:
1993 c 216 s 1; 2005 c 69 art 3 s 18; 2014 c 157 art 2 s 2,29,31
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.974 — Genetic Testing In Employment.

181.974 GENETIC TESTING IN EMPLOYMENT.
Subdivision 1.
Definitions.
For the purposes of this section, the following terms have the meanings given them in this subdivision.
(a) "Genetic test" means the analysis of human DNA, RNA, chromosomes, proteins, or certain metabolites in order to detect disease-related genotypes or mutations. Tests for metabolites fall within the definition of genetic test when an excess or deficiency of the metabolites indicates the presence of a mutation or mutations. Administration of metabolic tests by an employer or employment agency that are not intended to reveal the presence of a mutation does not violate this section, regardless of the results of the tests. Test results revealing a mutation are, however, subject to this section.
(b) "Employer" means any person having one or more employees in Minnesota, and includes the state and any political subdivisions of the state.
(c) "Employee" means a person who performs services for hire in Minnesota for an employer, but does not include independent contractors.
(d) "Protected genetic information" means:
(1) information about a person's genetic test; or
(2) information about a genetic test of a blood relative of a person.
Subd. 2.
Use of protected genetic information prohibited.
(a) No employer or employment agency shall directly or indirectly:
(1) administer a genetic test or request, require, or collect protected genetic information regarding a person as a condition of employment; or
(2) affect the terms or conditions of employment or terminate the employment of any person based on protected genetic information.
(b) No person shall provide or interpret for any employer or employment agency protected genetic information on a current or prospective employee.
Subd. 3.
Penalties.
Any person aggrieved by a violation of this section may bring a civil action, in which the court may award:
(1) up to three times the actual damages suffered due to the violation;
(2) punitive damages;
(3) reasonable costs and attorney fees; and
(4) injunctive or other equitable relief as the court may deem appropriate.
History:
2001 c 154 s 1; 1Sp2001 c 9 art 13 s 20
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.981 — Employment Of Individual With Criminal History; Limitation On Admissibility Of Evidence.

181.981 EMPLOYMENT OF INDIVIDUAL WITH CRIMINAL HISTORY; LIMITATION ON ADMISSIBILITY OF EVIDENCE.
Subdivision 1.
Limitation on admissibility of criminal history.
Information regarding a criminal history record of an employee or former employee may not be introduced as evidence in a civil action against a private employer or its employees or agents that is based on the conduct of the employee or former employee, if:
(1) the duties of the position of employment did not expose others to a greater degree of risk than that created by the employee or former employee interacting with the public outside of the duties of the position or that might be created by being employed in general;
(2) before the occurrence of the act giving rise to the civil action:
(i) a court order sealed any record of the criminal case;
(ii) any record of the criminal case was sealed as the result of an automatic expungement, including but not limited to a grant of expungement made pursuant to section 609A.015; or
(iii) the employee or former employee received a pardon;
(3) the record is of an arrest or charge that did not result in a criminal conviction; or
(4) the action is based solely upon the employer's compliance with section 364.021.
Subd. 2.
Relation to other law.
This section does not supersede a statutory requirement to conduct a criminal history background investigation or consider criminal history records in hiring for particular types of employment.
History:
2009 c 59 art 5 s 6; 2013 c 61 s 2; 2023 c 52 art 7 s 3
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.985 — Workplace Communications.

181.985 WORKPLACE COMMUNICATIONS.
Subdivision 1.
Definition.
For the purposes of this section, "communication" means any printed or electronic document, letter, brochure, flyer, advertisement, email, text message, or similar means pertaining to union business or labor organizing as provided under state law.
Subd. 2.
Collective bargaining agreements.
Chapter 179A shall not prohibit a collective bargaining agreement from including provisions related to workplace communications.
History:
2008 c 300 s 8; 2009 c 86 art 1 s 28
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181 — Employment › Section 181.991 — Restrictive Franchise Agreements Prohibited.

181.991 RESTRICTIVE FRANCHISE AGREEMENTS PROHIBITED.
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have the meanings given them.
(b) "Employee" means an individual employed by an employer and includes independent contractors.
(c) "Employer" has the meaning given in section 177.23, subdivision 6.
(d) "Franchise," "franchisee," and "franchisor" have the meanings given in section 80C.01, subdivisions 4 to 6.
Subd. 2.
Prohibition on restrictive franchise agreements.
(a) No franchisor may restrict, restrain, or prohibit in any way a franchisee from soliciting or hiring an employee of a franchisee of the same franchisor.
(b) No franchisor may restrict, restrain, or prohibit in any way a franchisee from soliciting or hiring an employee of the franchisor.
(c) Any provision of an existing contract that violates paragraph (a) or (b) is void and unenforceable. When a provision in an existing contract violates this section, the franchisee must provide notice to their employees of this law.
Subd. 3.
Franchise agreement amendment.
Notwithstanding any law to the contrary, no later than May 24, 2024, franchisors shall:
(1) amend existing franchise agreements to remove any restrictive employment provision that violates subdivision 2; or
(2) sign a memorandum of understanding with each franchisee that provides that any contract provisions that violate subdivision 2 in any way are void and unenforceable, and provides notice to the franchisee of their rights and obligations under this section.
History:
2023 c 53 art 11 s 38
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181A — Child Labor › Section 181A.02 — Purpose.

181A.02 PURPOSE.
The purpose of sections 181A.01 to 181A.12 is to aid in the economic, social and educational development of young people through employment. Work is an integral factor in providing a sense of purpose, direction, and self-esteem necessary to the overall physical and mental health of an individual. Young people, especially those who have completed high school or occupational training, should not be denied employment opportunities. Work, however, must be coordinated with schooling and safety considerations in order to serve the best interest of the young.
History:
1974 c 432 s 2
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181A — Child Labor › Section 181A.03 — Definitions.

181A.03 DEFINITIONS.
Subdivision 1.
General.
As used in sections 181A.01 to 181A.12, the terms defined in this section shall have the following meanings.
Subd. 2.
Department.
"Department" means the Minnesota Department of Labor and Industry.
Subd. 3.
Division.
"Division" means the Division of Labor Standards within the department.
Subd. 4.
Commissioner.
"Commissioner" means the commissioner of the department or designees.
Subd. 5.
Employment.
"Employment" means any occupation engaged in for compensation in money or other valuable consideration, whether paid to the minor or to some other person, including, but not limited to, occupation as a servant, agent, or independent contractor.
Subd. 6.
School days.
"School days" means any day when normal classes are in session during the regular school year in the school district.
Subd. 7.
School hours.
"School hours" means that period during which the student is required to be in school in the school district.
History:
1974 c 432 s 3; 1986 c 444
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181A — Child Labor › Section 181A.05 — Employment Certificates.

181A.05 EMPLOYMENT CERTIFICATES.
Subdivision 1.
When issued.
Any minor 14 or 15 years of age who wishes to work on school days during school hours shall first secure an employment certificate. The certificate shall be issued only by the school district superintendent, the superintendent's agent, or some other person designated by the Board of Education. The employment certificate shall be issued only for a specific position with a designated employer and shall be issued only in the following circumstances:
(1) if a minor is to be employed in an occupation not prohibited by rules promulgated under section 181A.09 and as evidence thereof presents a signed statement from the prospective employer; and
(2) if the parent or guardian of the minor consents to the employment; and
(3) if the issuing officer believes the minor is physically capable of handling the job in question and further believes the best interests of the minor will be served by permitting the minor to work.
Subd. 2.
Content of certificates.
The employment certificate shall show the name, address, date of birth and description of the minor, the name and address of the employer, the kind of work to be performed, the hours of exemption, and shall also require the signature of the parent or guardian and the minor in the presence of the issuing officer.
Subd. 3.
Consulting requirement.
If the issuing officer is in doubt about whether the proposed employment is in accordance with these provisions, the officer shall consult with the division before issuing the certificate.
Subd. 4.
Termination.
Upon termination for any reason of the employment authorized, the employer shall return the employment certificate directly to the issuing officer with a notation showing the date of termination.
Subd. 5.
Cancellation.
The issuing officer is authorized to cancel an employment certificate, if the issuing officer determines that such action would be in the best interest of the minor.
History:
1974 c 432 s 5; 1985 c 248 s 70; 1986 c 444
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181A — Child Labor › Section 181A.06 — Age Certificates.

181A.06 AGE CERTIFICATES.
Subdivision 1.
Proof of age.
Every employer shall require proof of the age of any minor employee or prospective employee by requiring the minor to submit an age certificate, a copy of the minor's birth record, a copy of the minor's driver's license, or a United States Department of Homeland Security Citizenship and Immigration Services Employment Eligibility Verification Form I-9. Upon the request of a minor, an age certificate shall be issued by or under the authority of the school superintendent of the district in which the applicant resides. Superintendents, principals, or headmasters of independent or parochial schools shall issue age certificates to minors who attend such schools.
Subd. 2.
Content of certificates.
The age certificate shall show the age of the minor, the date of birth, the date of issuance of the certificate, the name and position of the issuing officer, the name, address, and description of the minor, and what evidence was accepted as proof of age. The age certificate shall also show the name of the employer, the proposed occupation, and shall state that a separate employment certificate is required for minors under 16 to work on regular school days during school hours. It shall be signed by the issuing officer and by the minor in the officer's presence.
Subd. 3.
When issued.
An age certificate shall not be issued unless the minor's birth record or photocopy or extract thereof is exhibited to the issuing officer, or unless such evidence was previously examined by the school authorities and the information is shown on the school records. If a birth record is not available, other documentary evidence shall be accepted only as provided by the rules or orders of the department.
Subd. 4.
Filing requirements.
The employer shall keep an age certificate for the duration of the minor's employment and shall keep on file all age certificates, copies of birth records or copies of drivers' licenses presented to the employer pursuant to subdivision 1, where they may be readily examined by an agent of the Division of Labor Standards.
History:
1974 c 432 s 6; 1985 c 248 s 70; 1986 c 444; 2001 c 82 s 1; 1Sp2001 c 9 art 15 s 32; 2007 c 13 art 1 s 25
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181A — Child Labor › Section 181A.07 — Exemptions.

181A.07 EXEMPTIONS.
Subdivision 1.
Agricultural operations.
Minors employed in corn detasseling operations and other agricultural operations, with the permission of their parents or guardian, shall be exempt from the provisions of section 181A.04, subdivision 4. Such minors 12 years of age or older are exempt from the age provision of section 181A.04, subdivision 1.
Subd. 2.
Entertainers and models.
Any minor employed as an actor, model, or performer shall be exempt from the minimum age provisions of section 181A.04, subdivision 1.
Subd. 3.
Newspaper carriers.
Newspaper carriers shall be exempt from the minimum age provision of section 181A.04, subdivisions 1 and 3. Such carriers shall be at least 11 years of age.
Subd. 4.
Home chores; babysitters.
Any minor employed to do home chores, to babysit, or employed by a parent shall be exempt from all provisions of sections 181A.01 to 181A.12.
Subd. 4a.
Youth athletic program referees.
A minor at least 11 years of age and less than 14 years of age shall be exempt from the minimum age provisions of section 181A.04, subdivision 1, if employed as a youth athletic program referee, umpire, or official for an age bracket younger than the minor's own age if an adult representing the state or local athletic program is on the premises at which the athletic program event is occurring and a person responsible for the state or local athletic program possesses a written acknowledgment signed by the minor's parent or guardian consenting to the minor's employment as a referee, umpire, or official.
Subd. 5.
Commissioner exemptions.
The commissioner may grant exemptions from any provisions of sections 181A.01 to 181A.12 for an individual minor if the commissioner finds that such an exemption would be in the best interest of the minor involved. Such exemptions shall be granted only in accordance with the established rules of the department.
Subd. 6.
Requests for commissioner exemption.
Any minor's parent or guardian, school official, or youth employment specialist may request an exemption as provided in subdivision 5.
Subd. 7.
Approved training programs.
The commissioner may grant exemptions from any provisions of sections 181A.01 to 181A.12 for minors participating in training programs approved by the commissioner; or students in a valid apprenticeship program taught by or required by a trade union, the commissioner of education, the commissioner of employment and economic development, the Board of Trustees of the Minnesota State Colleges and Universities, or the Board of Regents of the University of Minnesota.
History:
1974 c 432 s 7; 1975 c 204 s 78; 1976 c 2 s 72; 1985 c 248 s 70; 1986 c 444; 2003 c 26 s 1; 2003 c 31 s 1; 2009 c 86 art 1 s 90; 2014 c 312 art 3 s 9
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181A — Child Labor › Section 181A.08 — Powers And Duties Of The Department.

181A.08 POWERS AND DUTIES OF THE DEPARTMENT.
Subdivision 1.
Inspections.
The commissioner, an authorized representative, or any truant officer may enter and inspect the place of business or employment and may interview any employees, of any employer of employees in any occupation in the state, all for the purpose of ascertaining whether any minors are employed contrary to the provisions of sections 181A.01 to 181A.12. Such authorized persons may require that employment certificates, age certificates, and lists of minors employed shall be produced for their inspection.
Subd. 2.
Compliance orders.
The commissioner or an authorized representative may issue an order requiring an employer to comply with the provisions of sections 181A.01 to 181A.12 or with any rules promulgated under the provisions of section 181A.09. Any such order shall be served by the department upon the employer or an authorized representative in person or by certified mail at the employers place of business. If an employer wishes to contest the order for any reason, the employer shall file written notice of objection with the commissioner within ten days after service of said order upon said employer. Thereafter, a public hearing shall be held in accordance with the provisions of sections 14.57 to 14.69, and such rules consistent therewith as the commissioner shall make.
Subd. 3.
Restraining orders.
The commissioner or an authorized representative may apply to any court of competent jurisdiction for an order restraining the violation of an order issued by the commissioner pursuant to subdivision 2, or for an order enjoining and restraining violations of this chapter or rules adopted pursuant to section 181A.09.
History:
1974 c 432 s 8; 1979 c 202 s 1; 1982 c 424 s 130; 1985 c 248 s 70; 1986 c 444; 1987 c 384 art 2 s 1
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181A — Child Labor › Section 181A.09 — Power To Make Rules.

181A.09 POWER TO MAKE RULES.
Subdivision 1.
General.
The commissioner shall make, revise and promulgate such rules, including definitions of terms, as the commissioner shall deem appropriate to carry out the purposes of sections 181A.01 to 181A.12 and to prevent the circumvention or evasion thereof.
Subd. 2.
List of hazardous occupations.
The commissioner shall, by rule, establish a list of those occupations which the commissioner finds to be particularly hazardous for the employment of children, or detrimental to their health or well-being.
Subd. 3.
Public hearing; publication.
Rules shall be adopted by the department only after a public hearing held upon due publication of notice, at which any interested person may be heard and of which a record shall be made. Rules shall be published by the department and shall take effect upon publication and filing with the secretary of state and the Department of Administration. Such rules shall have the force and effect of law upon filing as provided herein.
History:
1974 c 432 s 9; 1985 c 248 s 70; 1986 c 444
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181A — Child Labor › Section 181A.10 — Judicial Review.

181A.10 JUDICIAL REVIEW.
Subdivision 1.
Petition.
Any person who may be aggrieved by any administrative rule issued pursuant to section 181A.09 may obtain a review thereof in the district court for Ramsey County, by filing in such court a written petition for declaratory judgment praying that the rule be modified or set aside. A copy of such petition shall be served upon the department. The department's findings of fact, if any, shall be conclusive upon the court if supported by substantial evidence. The court shall determine whether the rule is in accordance with law.
If the court determines that such rule is not in accordance with law, it shall remand the case to the department with directions to modify or revoke such rule. If application is made to the court by any aggrieved party for leave to adduce additional evidence, such party shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for the failure to adduce such evidence before the department. If the court finds that such evidence is material and that reasonable grounds exist for the failure to the aggrieved party to adduce such evidence in prior proceedings, the court may remand the case to the department with directions that such additional evidence be taken by the department. The department may modify its findings and conclusions, in whole or in part, by reason of such additional evidence.
Subd. 2.
Hearings; review.
Hearings in the district court on all appeals taken under subdivision 1 shall be privileged and take precedence over all matters, except matters of the same character. The jurisdiction of the court shall be exclusive and its judgment and decree shall be final except that the same shall be subject to review on appeal as in other civil cases.
Subd. 3.
Effect.
The commencement of proceedings under subdivision 1 shall not, unless specifically ordered by the court, operate as a stay of an administrative rule issued pursuant to section 181A.09.
History:
1974 c 432 s 10; 1983 c 247 s 79; 1985 c 248 s 70
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181A — Child Labor › Section 181A.11 — Agricultural Employment.

181A.11 AGRICULTURAL EMPLOYMENT.
Nothing in sections 181A.01 to 181A.12 shall prohibit a person from employing a child in any agricultural pursuit permitted under the United States Code, title 29, section 213(c)(2).
History:
1974 c 432 s 11
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181A — Child Labor › Section 181A.112 — Data On Individuals Who Are Minors.

181A.112 DATA ON INDIVIDUALS WHO ARE MINORS.
(a) When the commissioner collects, creates, receives, maintains, or disseminates the following data on individuals who the commissioner knows are minors, the data are considered private data on individuals, as defined in section 13.02, subdivision 12, except for data classified as public data according to section 13.43:
(1) name;
(2) date of birth;
(3) Social Security number;
(4) telephone number;
(5) email address;
(6) physical or mailing address;
(7) location data;
(8) online account access information; and
(9) other data that would identify participants who have registered for events, programs, or classes sponsored by the Department of Labor and Industry.
(b) Data about minors classified under this section maintain their classification as private data on individuals after the individual is no longer a minor.
History:
1Sp2021 c 10 art 3 s 4
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181A — Child Labor › Section 181A.115 — Prohibited Employment Relating To Presence Of Liquor.

181A.115 PROHIBITED EMPLOYMENT RELATING TO PRESENCE OF LIQUOR.
No minor under the age of 18 shall be employed in any rooms constituting the place in which intoxicating liquors or 3.2 percent malt liquors are served or consumed or in any tasks involving the serving, dispensing, or handling of such liquors that are consumed on the premises except that:
(1) minors who have reached the age of 16 may be employed to perform busing, dishwashing, or hosting services in those rooms or areas of a restaurant, hotel, motel, or resort where the presence of intoxicating liquor is incidental to food service or preparation;
(2) minors who have reached the age of 16 may be employed to perform busing, dishwashing, or hosting services or to provide waiter or waitress service in rooms or areas where the presence of 3.2 percent malt liquor is incidental to food service or preparation;
(3) minors who have reached the age of 16 may be employed to provide musical entertainment in those rooms or areas where the presence of intoxicating liquor and 3.2 percent malt liquor is incidental to food service or preparation; and
(4) minors are not prevented from working at tasks which are not prohibited by law in establishments where liquor is sold, served, dispensed, or handled in those rooms or areas where no liquor is consumed or served.
History:
2007 c 135 art 2 s 21
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181A — Child Labor › Section 181A.116 — Operation Of Lawn Care Equipment.

181A.116 OPERATION OF LAWN CARE EQUIPMENT.
(a) Notwithstanding section 181A.04, subdivision 5, minors of at least 16 years of age may be employed to operate lawn care equipment. For the purposes of this section, "lawn care equipment" means lawn trimmers, weed cutters, and machines designed to cut grass and weeds that meet safety specifications of the American National Standards Institute/Outdoor Power Equipment Institute's (ANSI/OPEI) B71.1 2017 definition of pedestrian-controlled mowers and ride-on mowers.
(b) A 16- or 17-year-old employed under this section must:
(1) prior to operating lawn care equipment, be trained in the safe operation of each type of lawn care equipment listed in paragraph (a) to be operated by the 16- or 17-year-old; and
(2) wear personal protective equipment, including, but not limited to, safety glasses, hearing protection, gloves, safety vest, and work boots, as necessary, at all times when operating the lawn care equipment listed in paragraph (a).
(c) An employer employing a 16- or 17-year-old under this section shall:
(1) ensure that lawn care equipment operators that are ages 16 or 17 follow all safety rules and instructions provided in the equipment's operator manual, including prohibiting the operation of lawn care equipment on a slope greater than is recommended by the operator's manual; and
(2) ensure required safety equipment is in place and operational on all lawn care equipment, including roll-over protection, seat belts, operator presence control systems, interlocks, guards, and shields.
(d) The exception under this section allowing minors 16 and 17 years of age to be employed to operate lawn care equipment is limited to the following:
(1) minors who are directly employed by a golf course, resort, or municipality to perform lawn care on golf courses, resort grounds, and municipal grounds; and
(2) minors who are directly employed by a rental property owner and the minor performs lawn care on the owner's rental property.
History:
2020 c 98 s 2
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 181A — Child Labor › Section 181A.12 — Penalties.

181A.12 PENALTIES.
Subdivision 1.
Fines; penalty.
(a) Any employer who hinders or delays the department or its authorized representative in the performance of its duties under sections 181A.01 to 181A.12 or refuses to admit the commissioner or an authorized representative to any place of employment or refuses to make certificates or lists available as required by sections 181A.01 to 181A.12, or otherwise violates any provisions of sections 181A.01 to 181A.12 or any rules issued pursuant thereto shall be assessed a fine to be paid to the commissioner for deposit in the general fund. The fine may be recovered in a civil action in the name of the department brought in the district court of the county where the violation is alleged to have occurred or the district court where the commissioner has an office. Fines are in the amounts as follows:
(1)
employment of minors under the age of 14 (each employee)
$
500
(2)
employment of minors under the age of 16 during school hours while school is in session (each employee)
500
(3)
employment of minors under the age of 16 before 7:00 a.m. (each employee)
500
(4)
employment of minors under the age of 16 after 9:00 p.m. (each employee)
500
(5)
employment of a high school student under the age of 18 in violation of section 181A.04, subdivision 6 (each employee)
1,000
(6)
employment of minors under the age of 16 over eight hours a day (each employee)
500
(7)
employment of minors under the age of 16 over 40 hours a week (each employee)
500
(8)
employment of minors under the age of 18 in occupations hazardous or detrimental to their well-being as defined by rule (each employee)
1,000
(9)
employment of minors under the age of 16 in occupations hazardous or detrimental to their well-being as defined by rule (each employee)
1,000
(10)
minors under the age of 18 injured in hazardous employment (each employee)
5,000
(11)
minors employed without proof of age (each employee)
250
(b) An employer who refuses to make certificates or lists available as required by sections 181A.01 to 181A.12 shall be assessed a $500 fine.
Subd. 2.
Misdemeanor.
An employer or other person violating any provision of sections 181A.01 to 181A.12 excluding section 181A.04, subdivision 6, or any rules issued pursuant thereto or assisting another in such violation is guilty of a misdemeanor.
Subd. 3.
Gross misdemeanor.
An employer who engages in repeated violations of sections 181A.01 to 181A.12 excluding section 181A.04, subdivision 6, is also guilty of a gross misdemeanor. An employer who engages in a single violation of sections 181A.01 to 181A.12 excluding section 181A.04, subdivision 6, is guilty of a gross misdemeanor if the violation results in the death of the minor or substantial bodily harm to the minor. For purposes of this subdivision, "substantial bodily harm" has the meaning given in section 609.02, subdivision 7a.
History:
1974 c 432 s 12; 1983 c 301 s 154; 1984 c 608 s 2; 1985 c 248 s 70; 1Sp1985 c 13 s 295; 1986 c 444; 1993 c 261 s 2; 2000 c 488 art 2 s 10
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 182 — Occupational Safety And Health › Section 182.652 — Coverage.

182.652 COVERAGE.
Subdivision 1.
All places of employment.
The provisions of this chapter or any standard or rule promulgated pursuant to this chapter shall apply to all places of employment within this state except as noted in subdivision 2.
Subd. 2.
Federal exclusion.
Nothing in this chapter shall apply to any working conditions which are under the exclusive jurisdiction of the federal government.
Subd. 3.
Relationship with federal government.
The department, in the exercise of its duties under this chapter, shall give due consideration to all federal regulations of concurrent jurisdiction and shall avoid unnecessary duplication of enforcement efforts.
History:
1973 c 732 s 3; 1983 c 216 art 1 s 88; 1983 c 316 s 29; 1985 c 248 s 70
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 182 — Occupational Safety And Health › Section 182.6521 — Independent Contractors.

182.6521 INDEPENDENT CONTRACTORS.
An independent contractor doing building construction or improvements in the public or private sector must comply with the occupational safety and health standards that apply under this chapter to an employer and its employees. This section applies to an independent contractor however organized including, without limitation, those organized as a partnership, sole proprietorship, or corporation.
History:
1993 c 344 s 1
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 182 — Occupational Safety And Health › Section 182.6525 — Crane Operation.

182.6525 CRANE OPERATION.
Subdivision 1.
Certification required.
An individual may not operate a crane with a lifting capacity of five tons or more on a construction site unless the individual has a valid crane operator certificate received from a nationally recognized and accredited certification program. No employer, and no person who is under a contract to construct an improvement to land, may permit any employee, agent, or independent contractor to perform work in violation of this section. A crane operator certification required under this subdivision must be renewed by an accredited certification program every five years.
Subd. 2.
Exceptions.
The requirements of subdivision 1 do not apply to:
(1) a crane operator trainee or apprentice, if the individual is under the direct supervision of a crane operator who holds a valid crane operator certificate as required in subdivision 1;
(2) a person directly employed by a class 1 or 2 railroad who is qualified by the employing railroad as a crane operator or boom truck operator while performing work on property owned, leased, or controlled by the employing railroad;
(3) a person who is employed by or performing work for a public utility, rural electric cooperative, municipality, telephone company, or industrial manufacturing plant;
(4) a person who is subject to inspection and regulation under the Mine Safety and Health Act, United States Code, title 30, sections 801 through 962;
(5) a person engaged in boating, fishing, agriculture, or arboriculture;
(6) a person who is a member of and performing work for a uniformed service or who is a member of and performing work for the United States Merchant Marine;
(7) a person who is operating a crane for personal use on premises owned or leased by that person; and
(8) a person who is operating a crane in an emergency situation.
Subd. 3.
Penalties.
An employer or general contractor may be cited by the commissioner for a violation of the certification requirements in this section. A citation is punishable as a serious violation under section 182.666.
History:
2005 c 87 s 1,3
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 182 — Occupational Safety And Health › Section 182.6545 — Rights Of Next Of Kin Upon Death.

182.6545 RIGHTS OF NEXT OF KIN UPON DEATH.
In the case of a death of an employee, the department shall make reasonable efforts to locate the employee's next of kin and shall mail to them copies of the following:
(1) citations and notification of penalty;
(2) notices of hearings;
(3) complaints and answers;
(4) settlement agreements;
(5) orders and decisions; and
(6) notices of appeals.
In addition, the next of kin shall have the right to request a consultation with the department regarding citations and notification of penalties issued as a result of the investigation of the employee's death. For the purposes of this section, "next of kin" refers to the nearest proper relative as that term is defined by section 253B.03, subdivision 6, paragraph (b), clause (3).
History:
2000 c 488 art 2 s 11 1Sp2020 c 2 art 8 s 145
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 182 — Occupational Safety And Health › Section 182.6551 — Citation; Safe Patient Handling Act.

182.6551 CITATION; SAFE PATIENT HANDLING ACT.
Sections 182.6551 to 182.6554 may be cited as the "Safe Patient Handling Act."
History:
2007 c 135 art 2 s 23; 2009 c 159 s 81
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 182 — Occupational Safety And Health › Section 182.6552 — Definitions.

182.6552 DEFINITIONS.
Subdivision 1.
Direct patient care worker.
"Direct patient care worker" means an individual doing the job of directly providing physical care to patients including nurses, as defined by section 148.171, who provide physical care to patients.
Subd. 2.
Health care facility.
"Health care facility" means a hospital with a North American Industrial Classification system code of 622110, 622210, or 622310; an outpatient surgical center with a North American Industrial Classification system code of 621493; and a nursing home with a North American Industrial Classification system code of 623110.
Subd. 3.
Safe patient handling.
"Safe patient handling" means a process, based on scientific evidence on causes of injuries, that uses safe patient handling equipment rather than people to transfer, move, and reposition patients in all health care facilities to reduce workplace injuries. This process also reduces the risk of injury to patients.
Subd. 4.
Safe patient handling equipment.
"Safe patient handling equipment" means engineering controls, lifting and transfer aids, or mechanical assistive devices used by nurses and other direct patient care workers instead of manual lifting to perform the acts of lifting, transferring, and repositioning health care facility patients and residents.
Subd. 5.
Clinical settings that move patients.
"Clinical settings that move patients" means physician, dental, and other outpatient care facilities, except for outpatient surgical settings, where service requires movement of patients from point to point as part of the scope of service.
History:
2007 c 135 art 2 s 24; 2009 c 159 s 82; 2015 c 54 art 2 s 1
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 182 — Occupational Safety And Health › Section 182.6554 — Safe Patient Handling In Clinical Settings.

182.6554 SAFE PATIENT HANDLING IN CLINICAL SETTINGS.
Subdivision 1.
Safe patient handling plan required.
(a) By July 1, 2010, every clinical setting that moves patients in the state shall develop a written safe patient handling plan to achieve by January 1, 2012, the goal of ensuring the safe handling of patients by minimizing manual lifting of patients by direct patient care workers and by utilizing safe patient handling equipment.
(b) The plan shall address:
(1) assessment of risks with regard to patient handling that considers the patient population and environment of care;
(2) the acquisition of an adequate supply of appropriate safe patient handling equipment;
(3) initial and ongoing training of direct patient care workers on the use of this equipment;
(4) procedures to ensure that physical plant modifications and major construction projects are consistent with plan goals; and
(5) periodic evaluations of the safe patient handling plan.
(c) A health care organization with more than one covered clinical setting that moves patients may establish a plan at each clinical setting or establish one plan to serve this function for all the clinical settings.
Subd. 2.
Facilities with existing programs.
A clinical setting that moves patients that has already adopted a safe patient handling plan that satisfies the requirements of subdivision 1, or a clinical setting that moves patients that is covered by a safe patient handling plan that is covered under and consistent with section 182.6553, is considered to be in compliance with the requirements of this section.
Subd. 3.
Training materials.
The commissioner shall make training materials on implementation of this section available at no cost to all clinical settings that move patients as part of the training and education duties of the commissioner under section 182.673.
Subd. 4.
Enforcement.
This section shall be enforced by the commissioner under section 182.661. An initial violation of this section shall not be assessed a penalty. A subsequent violation of this section is subject to the penalties provided under section 182.666.
History:
2009 c 159 s 83
2023 Minnesota Statutes › Chapters 175 - 187 — Labor, Industry › Chapter 182 — Occupational Safety And Health › Section 182.6555 — Reducing Occupational Exposures To Blood-borne Pathogens Through Sharps Injuries.

182.6555 REDUCING OCCUPATIONAL EXPOSURES TO BLOOD-BORNE PATHOGENS THROUGH SHARPS INJURIES.
(a) Employers must comply with Code of Federal Regulations, title 29, section 1910.1030, to eliminate or minimize employee exposure to blood-borne pathogens through sharps injuries.
(b) Written exposure control plans prepared by employers must be reviewed at least annually and whenever necessary to reflect new or modified tasks and procedures which affect occupational exposures and to reflect new or revised employee positions with occupational exposure. The requirement to review and update the plan means that the plan must reflect changes in technology that eliminate or reduce exposure to blood-borne pathogens. The exposure control plan must document consideration and implementation of appropriate commercially available and effective engineering controls, for example, needleless systems and sharps with engineered sharps injury protection, designed to eliminate or minimize exposure.
(c) A safety committee established under section 182.676 must make advisory recommendations for the use of effective engineering controls. The recommendations are not binding on the employer. One-half of the members of the safety committee must be employee representatives of job classifications that would use or may reasonably anticipate encountering any device in the category being evaluated in the performance of the employee's duties. The employer may establish a subcommittee of the safety committee to meet the requirements of this paragraph. One-half of the members of this subcommittee must be employee representatives of job classifications that would use or may reasonably anticipate encountering any device in the category being evaluated in the performance of the employee's duties. Employers not required to establish a safety committee under section 182.676 must involve their employees in the evaluation of effective engineering controls.
(d) MS 2002 [Expired, 2000 c 351 s 1]
(e) Employers must establish internal procedures to document the route of exposure and the circumstances under which an exposure incident occurred. This information should include:
(1) engineering controls in use at the time;
(2) work practices followed;
(3) a description and brand name of the device in use;
(4) protective equipment or clothing that was used at the time of the exposure incident;
(5) location;
(6) procedure being performed when the incident occurred;
(7) the employee's training; and
(8) the injured employee's opinion about whether any other engineering, administrative, or work practice control could have prevented the injury and the basis for that opinion.
History:
2000 c 351 s 1