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A bill for an act
relating to employment; requiring fair scheduling of employee's hours; requiring
predictability pay; imposing civil penalties; amending Minnesota Statutes 2014,
sections 177.27, subdivisions 4, 7; 181.032; proposing coding for new law in
Minnesota Statutes, chapter 181.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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Minnesota Statutes 2014, section 177.27, subdivision 4, is amended to read:
The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.12, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d),
181.275, subdivision 2a, 181.722, 181.79, deleted text begin and deleted text end 181.939 to 181.943, deleted text begin or deleted text end new text begin new text end
with any rule promulgated under section 177.28. The commissioner shall issue an order
requiring an employer to comply with sections 177.41 to 177.435 if the violation is repeated.
For purposes of this subdivision only, a violation is repeated if at any time during the two
years that preceded the date of violation, the commissioner issued an order to the employer
for violation of sections 177.41 to 177.435 and the order is final or the commissioner and
the employer have entered into a settlement agreement that required the employer to pay
back wages that were required by sections 177.41 to 177.435. The department shall serve
the order upon the employer or the employer's authorized representative in person or by
certified mail at the employer's place of business. An employer who wishes to contest the
order must file written notice of objection to the order with the commissioner within 15
calendar days after being served with the order. A contested case proceeding must then be
held in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being
served with the order, the employer fails to file a written notice of objection with the
commissioner, the order becomes a final order of the commissioner.
Minnesota Statutes 2014, section 177.27, subdivision 7, is amended to read:
If an employer is found by the commissioner to have
violated a section identified in subdivision 4, or any rule adopted under section 177.28, and
the commissioner issues an order to comply, the commissioner shall order the employer to
cease and desist from engaging in the violative practice and to take such affirmative steps
that in the judgment of the commissioner will effectuate the purposes of the section or rule
violated. The commissioner shall order the employer to pay to the aggrieved parties back
pay, gratuities, new text begin new text end and compensatory damages, less
any amount actually paid to the employee by the employer, and for an additional deleted text begin equal
amount as liquidated damages deleted text end new text begin new text end . Any employer who is found by
the commissioner to have repeatedly or willfully violated a section or sections identified
in subdivision 4 shall be subject to a civil penalty of deleted text begin up to $1,000 deleted text end new text begin new text end for each violation for each employee. In determining the amount of
a civil penalty under this subdivision, the appropriateness of such penalty to the size of
the employer's business and the gravity of the violation shall be considered. In addition,
the commissioner may order the employer to reimburse the department and the attorney
general for all appropriate litigation and hearing costs expended in preparation for and in
conducting the contested case proceeding, unless payment of costs would impose extreme
financial hardship on the employer. If the employer is able to establish extreme financial
hardship, then the commissioner may order the employer to pay a percentage of the total
costs that will not cause extreme financial hardship. Costs include but are not limited to
the costs of services rendered by the attorney general, private attorneys if engaged by the
department, administrative law judges, court reporters, and expert witnesses as well as
the cost of transcripts. Interest shall accrue on, and be added to, the unpaid balance of
a commissioner's order from the date the order is signed by the commissioner until it is
paid, at an annual rate provided in section 549.09, subdivision 1, paragraph (c). The
commissioner may establish escrow accounts for purposes of distributing damages.
Minnesota Statutes 2014, section 181.032, is amended to read:
(a) At the end of each pay period, the employer shall provide each employee an
earnings statement, either in writing or by electronic means, covering that pay period. An
employer who chooses to provide an earnings statement by electronic means must provide
employee access to an employer-owned computer during an employee's regular working
hours to review and print earnings statements.
(b) The earnings statement may be in any form determined by the employer but
must include:
(1) the name of the employee;
(2) the hourly rate of pay (if applicable);
(3) the total number of hours worked by the employee unless exempt from chapter
177;
(4) the total amount of gross pay earned by the employee during that period;
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deleted text begin (5) deleted text end new text begin new text end a list of deductions made from the employee's pay;
deleted text begin (6) deleted text end new text begin new text end the net amount of pay after all deductions are made;
deleted text begin (7) deleted text end new text begin new text end the date on which the pay period ends; deleted text begin and
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deleted text begin (8) deleted text end new text begin new text end the legal name of the employer and the operating name of the employer if
different from the legal name deleted text begin . deleted text end new text begin new text end
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(c) An employer must provide earnings statements to an employee in writing, rather
than by electronic means, if the employer has received at least 24 hours notice from an
employee that the employee would like to receive earnings statements in written form.
Once an employer has received notice from an employee that the employee would like to
receive earnings statements in written form, the employer must comply with that request
on an ongoing basis.
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