1.1.................... moves to amend H.F. No. 600, the second engrossment, as follows:
1.2Page 1, after line 4, insert:

1.3"ARTICLE 1
1.4LOCAL PREEMPTION"
1.5Page 2, after line 20, insert:

1.6"ARTICLE 2
1.7WAGE THEFT PREVENTION

1.8    Section 1. Minnesota Statutes 2016, section 177.27, subdivision 2, is amended to read:
1.9    Subd. 2. Submission of records; penalty. The commissioner may require the employer
1.10of employees working in the state to submit to the commissioner photocopies, certified
1.11copies, or, if necessary, the originals of employment records which the commissioner deems
1.12necessary or appropriate. The records which may be required include full and correct
1.13statements in writing, including sworn statements by the employer, containing information
1.14relating to wages, hours, names, addresses, and any other information pertaining to the
1.15employer's employees and the conditions of their employment as the commissioner deems
1.16necessary or appropriate.
1.17The commissioner may require the records to be submitted in a specific format by
1.18certified mail delivery or, if necessary, by personal delivery by the employer or a
1.19representative of the employer, as authorized by the employer in writing.
1.20The commissioner may fine the employer up to $1,000 $10,000 for each failure to submit
1.21or deliver records as required by this section. This penalty is in addition to any penalties
1.22provided under section 177.32, subdivision 1. In determining the amount of a civil penalty
1.23under this subdivision, the appropriateness of such penalty to the size of the employer's
1.24business and the gravity of the violation shall be considered.

2.1    Sec. 2. Minnesota Statutes 2016, section 177.27, is amended by adding a subdivision to
2.2read:
2.3    Subd. 11. Subpoenas. In order to carry out the purposes of this section, the commissioner
2.4may issue subpoenas to compel persons to appear before the commissioner to give testimony
2.5and produce documents, apparatus, devices, equipment, or materials. Upon the application
2.6of the commissioner, a district court shall treat the failure of any person to obey a subpoena
2.7lawfully issued by the commissioner under this subdivision as a contempt of court.

2.8    Sec. 3. Minnesota Statutes 2016, section 177.30, is amended to read:
2.9177.30 KEEPING RECORDS; PENALTY.
2.10    (a) Every employer subject to sections 177.21 to 177.44 must make and keep a record
2.11of:
2.12    (1) the name, address, and occupation of each employee;
2.13    (2) the rate of pay, and the amount paid each pay period to each employee, including
2.14whether each employee is paid by the hour, shift, day, week, salary, piece, commission, or
2.15other;
2.16    (3) the hours worked each day and each workweek by the employee, including for all
2.17employees paid at piece rate, the number of pieces completed at each piece rate;
2.18    (4) any personnel policies provided to employees;
2.19    (5) a copy of the notice provided to each employee as required by section 181.032, clause
2.20(d);
2.21    (6) for each employer subject to sections 177.41 to 177.44, and while performing work
2.22on public works projects funded in whole or in part with state funds, the employer shall
2.23furnish under oath signed by an owner or officer of an employer to the contracting authority
2.24and the project owner every two weeks, a certified payroll report with respect to the wages
2.25and benefits paid each employee during the preceding weeks specifying for each employee:
2.26name; identifying number; prevailing wage master job classification; hours worked each
2.27day; total hours; rate of pay; gross amount earned; each deduction for taxes; total deductions;
2.28net pay for week; dollars contributed per hour for each benefit, including name and address
2.29of administrator; benefit account number; and telephone number for health and welfare,
2.30vacation or holiday, apprenticeship training, pension, and other benefit programs; and
2.31    (5) (7) other information the commissioner finds necessary and appropriate to enforce
2.32sections 177.21 to 177.435. The records must be kept for three years in or near the premises
3.1where an employee works except each employer subject to sections 177.41 to 177.44, and
3.2while performing work on public works projects funded in whole or in part with state funds,
3.3the records must be kept for three years after the contracting authority has made final payment
3.4on the public works project.
3.5    (b) All records required to be kept under paragraph (a) must be readily available for
3.6inspection by the commissioner on the premises of employment during reasonable office
3.7hours under section 177.27, subdivision 1.
3.8    (c) The commissioner may fine an employer up to $1,000 $10,000 for each failure to
3.9maintain records as required by this section. This penalty is in addition to any penalties
3.10provided under section 177.32, subdivision 1. In determining the amount of a civil penalty
3.11under this subdivision, the appropriateness of such penalty to the size of the employer's
3.12business and the gravity of the violation shall be considered.

3.13    Sec. 4. Minnesota Statutes 2016, section 177.32, subdivision 1, is amended to read:
3.14    Subdivision 1. Misdemeanors. (a) An employer who does any of the following is guilty
3.15of a misdemeanor:
3.16(1) hinders or delays the commissioner in the performance of duties required under
3.17sections 177.21 to 177.435;
3.18(2) refuses to admit the commissioner to the place of business or employment of the
3.19employer, as required by section 177.27, subdivision 1;
3.20(3) repeatedly fails to make, keep, and preserve records as required by section 177.30;
3.21(4) falsifies any record;
3.22(5) refuses to make any record available, or to furnish a sworn statement of the record
3.23or any other information as required by section 177.27;
3.24(6) repeatedly fails to post a summary of sections 177.21 to 177.44 or a copy or summary
3.25of the applicable rules as required by section 177.31;
3.26(7) pays or agrees to pay wages at a rate less than the rate required under sections 177.21
3.27to 177.44;
3.28(8) refuses to allow adequate time from work as required by section 177.253; or
3.29(9) otherwise violates any provision of sections 177.21 to 177.44.
4.1(b) An employer is guilty of a gross misdemeanor if the employer fails to pay any wages
4.2due to an employee or employees under sections 177.21 to 177.44, and the total of any such
4.3wages in relation to all affected employees is $10,000 or more.

4.4    Sec. 5. Minnesota Statutes 2016, section 181.03, subdivision 1, is amended to read:
4.5    Subdivision 1. Prohibited practices. An employer may not, directly or indirectly and
4.6with intent to defraud: (a) No employer shall commit wage theft.
4.7(b) For purposes of this section, wage theft is committed if:
4.8(1) cause an employer has failed to pay an employee all wages to which that employee
4.9is entitled;
4.10(2) an employer directly or indirectly causes any employee to give a receipt for wages
4.11for a greater amount than that actually paid to the employee for services rendered;
4.12(2) (3) an employer directly or indirectly demand demands or receive receives from any
4.13employee any rebate or refund from the wages owed the employee under contract of
4.14employment with the employer; or
4.15(3) (4) an employer in any manner make makes or attempt attempts to make it appear
4.16that the wages paid to any employee were greater than the amount actually paid to the
4.17employee.; or
4.18(5) an employer retaliates against an employee for asserting rights or remedies under
4.19this section, including but not limited to filing a complaint with the Department of Labor
4.20and Industry or telling the employer of intention to file a complaint.

4.21    Sec. 6. Minnesota Statutes 2016, section 181.03, is amended by adding a subdivision to
4.22read:
4.23    Subd. 4. Enforcement. The commissioner may enforce this section. The use of an
4.24enforcement provision in this section shall not preclude the use of any other enforcement
4.25provision provided by law.

4.26    Sec. 7. Minnesota Statutes 2016, section 181.03, is amended by adding a subdivision to
4.27read:
4.28    Subd. 5. Citations. The commissioner may issue a citation for failure to pay wages of
4.29up to $1,000 by serving the citation on the employer. The citation shall direct the employer
4.30to pay to the commissioner any back pay, gratuities, and compensatory damages owed to
4.31the employee within 15 days. The citation may require the employer to correct the violation,
5.1may require the employer to cease and desist from committing the violation, and may assess
5.2a monetary penalty of up to $1,000. In determining the amount of the monetary penalty,
5.3the commissioner shall consider the factors described in section 14.045, subdivision 3. If
5.4the citation includes a penalty assessment, then the penalty is due and payable on the date
5.5the citation becomes final. The commissioner shall vacate the citation if: (1) before the
5.6citation was issued, the employer paid to the employee the back pay, gratuities, and
5.7compensatory damages specified in the citation; and (2) within the five days after the citation
5.8is issued, the employer provides to the commissioner evidence acceptable to the
5.9commissioner that the employer made the payment described in clause (1).

5.10    Sec. 8. Minnesota Statutes 2016, section 181.03, is amended by adding a subdivision to
5.11read:
5.12    Subd. 6. Administrative review. (a) Within 15 days after the commissioner issues a
5.13citation under subdivision 5, the employer to whom the citation is issued may request an
5.14expedited hearing to review the citation. The request for hearing must be in writing and
5.15must be served on the commissioner at the address specified in the citation. If the employer
5.16does not request a hearing or if the employer's written request for hearing is not served on
5.17the commissioner by the 15th day after the commissioner issues the citation, the citation
5.18becomes a final order of the commissioner and is not subject to review by any court or
5.19agency. The hearing request must state the reasons for seeking review of the citation. The
5.20employer to whom the citation is issued and the commissioner are the parties to the expedited
5.21hearing. The commissioner must notify the employer to whom the citation is issued of the
5.22time and place of the hearing at least 15 days before the hearing. The hearing shall be
5.23conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, as modified by this
5.24section. If a hearing has been held, the commissioner shall not issue a final order until at
5.25least five days after the date of the administrative law judge's report. Any person aggrieved
5.26by the administrative law judge's report may, within those five days, serve written comments
5.27to the commissioner on the report and the commissioner shall consider and enter the
5.28comments in the record. The commissioner's final order shall comply with sections 14.61,
5.29subdivision 2, and 14.62, subdivisions 1 and 2a, and may be appealed in the manner provided
5.30in sections 14.63 to 14.69.
5.31(b) When an employer to whom a citation under subdivision 5 was issued requests an
5.32expedited hearing under paragraph (a), the employer is presumed to have committed each
5.33violation listed in the citation. The employer to whom the citation was issued may rebut
5.34this presumption by showing that the employer did not commit the violation.

6.1    Sec. 9. Minnesota Statutes 2016, section 181.03, is amended by adding a subdivision to
6.2read:
6.3    Subd. 7. Effect on other laws. Nothing in this section shall be construed to limit the
6.4application of other state or federal laws.

6.5    Sec. 10. Minnesota Statutes 2016, section 181.032, is amended to read:
6.6181.032 REQUIRED STATEMENT OF EARNINGS BY EMPLOYER; NOTICE
6.7TO EMPLOYEE.
6.8(a) At the end of each pay period, the employer shall provide each employee an earnings
6.9statement, either in writing or by electronic means, covering that pay period. An employer
6.10who chooses to provide an earnings statement by electronic means must provide employee
6.11access to an employer-owned computer during an employee's regular working hours to
6.12review and print earnings statements.
6.13(b) The earnings statement may be in any form determined by the employer but must
6.14include:
6.15(1) the name of the employee;
6.16(2) the hourly rate or rates of pay (if applicable) and basis thereof, including whether
6.17the employee is paid by hour, shift, day, week, salary, piece, commission, or other method;
6.18(3) allowances, if any, claimed pursuant to permitted meals and lodging;
6.19(4) the total number of hours worked by the employee unless exempt from chapter 177;
6.20(4) (5) the total amount of gross pay earned by the employee during that period;
6.21(5) (6) a list of deductions made from the employee's pay;
6.22(6) (7) the net amount of pay after all deductions are made;
6.23(7) (8) the date on which the pay period ends; and
6.24(8) (9) the legal name of the employer and the operating name of the employer if different
6.25from the legal name.;
6.26(10) the physical address of the employer's main office or principal place of business,
6.27and a mailing address if different; and
6.28(11) the telephone number of the employer.
6.29(c) An employer must provide earnings statements to an employee in writing, rather
6.30than by electronic means, if the employer has received at least 24 hours notice from an
7.1employee that the employee would like to receive earnings statements in written form. Once
7.2an employer has received notice from an employee that the employee would like to receive
7.3earnings statements in written form, the employer must comply with that request on an
7.4ongoing basis.
7.5(d) At the start of employment, an employer shall provide each employee a written notice
7.6containing the following information:
7.7(1) the rate or rates of pay and basis thereof, including whether the employee is paid by
7.8the hour, shift, day, week, salary, piece, commission, or other method;
7.9(2) allowances, if any, claimed pursuant to permitted meals and lodging;
7.10(3) paid vacation, sick time, or other paid time off accruals and terms of use;
7.11(4) whether the employee is exempt from minimum wage, overtime, and other provisions
7.12of chapter 177, and on what basis;
7.13(5) a list of deductions that may be made from the employee's pay;
7.14(6) the dates on which the pay periods start and end and the regularly scheduled payday;
7.15(7) the legal name of the employer and the operating name of the employer if different
7.16from the legal name;
7.17(8) the physical address of the employer's main office or principal place of business, and
7.18a mailing address if different; and
7.19(9) the telephone number of the employer.
7.20(e) The employer must keep a copy of the notice under paragraph (d) signed by each
7.21employee acknowledging receipt of the notice. The notice must be provided to each employee
7.22in English and in the employee's native language.
7.23(f) An employer must provide the employee any written changes to the information
7.24contained in the notice under paragraph (d) at least seven calendar days prior to the time
7.25the changes take effect. The changes must be signed by the employee before the changes
7.26go into effect. The employer must keep a signed copy of all notice of changes as well as
7.27the initial notices under paragraph (d).

7.28    Sec. 11. Minnesota Statutes 2016, section 181.101, is amended to read:
7.29181.101 WAGES; HOW OFTEN PAID.
7.30(a) Except as provided in paragraph (b), every employer must pay all wages earned by
7.31an employee at least once every 31 16 days on a regular payday designated in advance by
8.1the employer regardless of whether the employee requests payment at longer intervals.
8.2Unless paid earlier, the wages earned during the first half of the first 31-day pay period
8.3become due on the first regular payday following the first day of work. Payment for the
8.4first day of work must be received no later than the first regular payday after the first 16
8.5calendar days of employment or within 31 calendar days of the first day of employment,
8.6whichever comes first. If wages earned are not paid, the commissioner of labor and industry
8.7or the commissioner's representative may demand payment on behalf of an employee. If
8.8payment is not made within ten five days of demand, the commissioner may charge and
8.9collect the wages earned and a penalty in the amount of the employee's average daily earnings
8.10at the rate agreed upon in the contract of employment, not exceeding 15 days in all, for each
8.11day beyond the ten-day five-day limit following the demand. Money collected by the
8.12commissioner must be paid to the employee concerned. This section does not prevent an
8.13employee from prosecuting a claim for wages. This section does not prevent a school district,
8.14other public school entity, or other school, as defined under section 120A.22, from paying
8.15any wages earned by its employees during a school year on regular paydays in the manner
8.16provided by an applicable contract or collective bargaining agreement, or a personnel policy
8.17adopted by the governing board. For purposes of this section, "employee" includes a person
8.18who performs agricultural labor as defined in section 181.85, subdivision 2. For purposes
8.19of this section, wages are earned on the day an employee works.
8.20(b) An employer of a volunteer firefighter, as defined in section 424A.001, subdivision
8.2110, a member of an organized first responder squad that is formally recognized by a political
8.22subdivision in the state, or a volunteer ambulance driver or attendant must pay all wages
8.23earned by the volunteer firefighter, first responder, or volunteer ambulance driver or attendant
8.24at least once every 31 days, unless the employer and the employee mutually agree upon
8.25payment at longer intervals.

8.26ARTICLE 3
8.27PAID FAMILY LEAVE

8.28    Section 1. Minnesota Statutes 2016, section 181.941, is amended to read:
8.29181.941 PREGNANCY AND, PARENTING, AND CAREGIVER LEAVE.
8.30    Subdivision 1. Twelve-week leave; pregnancy, birth, or adoption parenting, and
8.31caregiver leave. (a) An employer must grant an unpaid leave of absence to an employee
8.32who is:
9.1(1) a biological or, adoptive, or foster parent in conjunction with the birth or, adoption,
9.2or placement through foster care of a child; or
9.3(2) a female employee for prenatal care, or incapacity due to pregnancy, childbirth, or
9.4related health conditions; or
9.5(3) caring for a family member who has a serious health condition.
9.6(b) The length of the leave shall be determined by the employee, but must not exceed
9.712 weeks, unless agreed to by the employer.
9.8    Subd. 2. Start of leave. The leave shall begin at a time requested by the employee. The
9.9employer may adopt reasonable policies governing the timing of requests for unpaid leave
9.10and may require an employee who plans to take a leave under this section to give the
9.11employer reasonable notice of the date the leave shall commence and the estimated duration
9.12of the leave. For leave taken under subdivision 1, paragraph (a), clause (1), the leave must
9.13begin within 12 months of the birth or adoption; except that, in the case where the child
9.14must remain in the hospital longer than the mother, the leave must begin within 12 months
9.15after the child leaves the hospital.
9.16    Subd. 3. No employer retribution. An employer shall not retaliate against an employee
9.17for requesting or obtaining a leave of absence as provided by this section.
9.18    Subd. 4. Continued insurance. The employer must continue to make coverage available
9.19to the employee while on leave of absence under any group insurance policy, group subscriber
9.20contract, or health care plan for the employee and any dependents. Nothing in this section
9.21requires the employer to pay the costs of the insurance or health care while the employee
9.22is on leave of absence.
9.23    Subd. 5. Confidentiality and nondisclosure. If, in conjunction with a leave under this
9.24section, an employer possesses health or medical information regarding an employee or an
9.25employee's family member, the employer must treat such information as confidential and
9.26not disclose the information except with the permission of the employee.

9.27    Sec. 2. [181.9411] PREGNANCY, PARENTING, AND CAREGIVER LEAVE
9.28INSURANCE.
9.29    Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in this
9.30subdivision have the meanings given them.
9.31(b) "Health care provider" has the same meaning as set forth in the FMLA.
9.32(c) "Serious health condition" has the same meaning as set forth in the FMLA.
10.1(d) "Median county family income" means the median family income under the American
10.2Community Survey 5-Year Estimates for the most recent year available in the county where
10.3the employee resides.
10.4    Subd. 2. Benefits; application and eligibility. (a) Beginning one year after the date on
10.5which the commissioner starts collecting premiums pursuant to subdivision 6, benefits under
10.6this section must be paid to an employee who:
10.7(1) is eligible for leave under section 181.941; and
10.8(2) files an application for benefits in the manner required by the commissioner.
10.9(b) In addition to the requirements of paragraph (a), the commissioner may require:
10.10(1) an employee who files a claim for benefits to attest that the employee has requested
10.11leave from his or her employer under section 181.941; or
10.12(2) submit a certification from the health care provider providing care to the employee's
10.13family member supporting the claim that the employee's family member has a serious health
10.14condition, provided the employee is filing an application for benefits related to leave under
10.15section 181.941, subdivision 1, paragraph (a), clause (3), or the FMLA.
10.16    Subd. 3. Duration of benefits; payment intervals. (a) The maximum amount of time
10.17an employee may receive benefits under this section is six weeks.
10.18(b) Failure to submit an application for benefits in the manner and form required by the
10.19commissioner does not automatically invalidate an employee's eligibility for benefits, but
10.20the commissioner is not required to pay benefits for a period of more than two weeks before
10.21the date on which an employee files an application for benefits conforming with the
10.22commissioner's requirements.
10.23(c) The commissioner must make the first payment of benefits to an eligible employee
10.24within two weeks after the employee files an application of benefits conforming to the
10.25commissioner's requirements. The commissioner must make later payments biweekly.
10.26    Subd. 4. Amount of benefits; maximum weekly benefit. (a) The commissioner must
10.27calculate an employee's weekly benefit amount as follows:
10.28(1) for an employee whose yearly earnings are not more than 27 percent of the median
10.29county family income, the commissioner must pay weekly benefits in an amount equal to
10.3095 percent of the employee's weekly wage;
11.1(2) for an employee whose yearly earnings are more than 27 percent, but not more than
11.245 percent, of the median county family income, the commissioner must pay weekly benefits
11.3in an amount equal to 90 percent of the employee's weekly wage;
11.4(3) for an employee whose yearly earnings are more than 45 percent, but not more than
11.565 percent, of the median county family income, the commissioner must pay weekly benefits
11.6in an amount equal to 85 percent of the employee's weekly wage;
11.7(4) for an employee whose yearly earnings are equal to or more than 65 percent of the
11.8median county family income, the commissioner must pay weekly benefits in an amount
11.9equal to 66 percent of the eligible individual's weekly wage.
11.10(b) Notwithstanding paragraph (a), an employee's weekly benefit must not exceed $1,000
11.11per week.
11.12(c) Beginning two years after the date on which the commissioner starts collecting
11.13premiums pursuant to subdivision 6, the commissioner must annually adjust the maximum
11.14weekly benefit amount to reflect changes in the United States Bureau of Labor Statistics
11.15consumer price index for the Minneapolis-St. Paul consolidated metropolitan statistical area
11.16for all urban consumers, all goods, or its successor index.
11.17(d) Benefits are not payable for less than one day of leave taken in one work week.
11.18    Subd. 5. Disqualification from benefits; erroneous payments. (a) An employee must
11.19not receive benefits under this section for one year if the individual willfully makes a false
11.20statement or misrepresentation regarding a material fact, or willfully fails to report a material
11.21fact, to obtain benefits under this section.
11.22(b) If benefits under this section are paid erroneously or as a result of a willful
11.23misrepresentation or omission, or if a claim for benefits under this section is rejected after
11.24benefits are paid, the commissioner may seek repayment of benefits from the recipient.
11.25    Subd. 6. Federal taxation of benefits. (a) If the Internal Revenue Service determines
11.26that benefits under this section are subject to federal income tax, the commissioner must
11.27advise an individual filing a claim for benefits, at the time of filing, that:
11.28(1) the Internal Revenue Service has determined that benefits are subject to federal
11.29income tax;
11.30(2) requirements exist pertaining to estimated tax payments;
12.1(3) the employee may elect to have federal income tax deducted and withheld from the
12.2individual's payment of benefits in the amount specified in the federal Internal Revenue
12.3Code; and
12.4(4) the employee may change a previously elected withholding status.
12.5(b) Amounts deducted and withheld from benefits under this subdivision must remain
12.6in the pregnancy, parenting, and caregiver leave insurance account in the special revenue
12.7fund until transferred to the federal taxing authority as payment of income tax.
12.8The commissioner must follow all procedures specified by the Internal Revenue Service
12.9relating to deducting and withholding income tax.
12.10    Subd. 7. Confidentiality and nondisclosure. If, in conjunction with a leave under this
12.11section, an employer possesses health or medical information regarding an employee or an
12.12employee's family member, the employer must treat such information as confidential and
12.13not disclose the information except with the permission of the employee.

12.14    Sec. 3. Minnesota Statutes 2016, section 181.943, is amended to read:
12.15181.943 RELATIONSHIP TO OTHER LEAVE.
12.16(a) The length of leave provided under section 181.941 may be reduced by any period
12.17of:
12.18(1) paid parental, disability, personal, medical, or sick leave, or accrued vacation provided
12.19by the employer so that the total leave does not exceed 12 weeks, unless agreed to by the
12.20employer; or
12.21(2) leave taken for the same purpose by the employee under United States Code, title
12.2229, chapter 28 the FMLA.
12.23(b) Nothing in sections 181.940 to 181.943 prevents any employer from providing leave
12.24benefits in addition to those provided in sections 181.940 to 181.944 or otherwise affects
12.25an employee's rights with respect to any other employment benefit.
12.26(c) Nothing in this section shall be construed to diminish an employee's entitlement to
12.27benefits under section 181.9411.
12.28(d) Nothing in sections 181.940 to 181.944 shall be construed to limit the right of parties
12.29to a collective bargaining agreement to bargain and agree with respect to leave policies or
12.30to diminish the obligation of an employer to comply with any contract, collective bargaining
12.31agreement, or any employment benefit program or plan that meets or exceeds, and does not
13.1otherwise conflict with, the minimum standards and requirements provided in sections
13.2181.940 to 181.944.

13.3    Sec. 4. Minnesota Statutes 2016, section 181.9436, is amended to read:
13.4181.9436 POSTING OF LAW NOTICE TO AFFECTED EMPLOYEES.
13.5    Subdivision 1. Poster. The Division of Labor Standards and Apprenticeship shall develop,
13.6with the assistance of interested business and community organizations, an educational
13.7poster stating employees' rights under sections 181.940 to 181.9436 181.9441. The
13.8department shall make the poster available, upon request, to employers for posting on the
13.9employer's premises.
13.10    Subd. 2. Grants to community organizations. The commissioner may make grants to
13.11community organizations for the purpose of outreach to and education for employees affected
13.12by sections 181.939 and 181.9441 regarding those employees' rights under those sections.
13.13The community-based organizations must be selected based on their experience, capacity,
13.14and relationships in high-violation industries. The work under such a grant may include the
13.15creation and administration of a statewide worker hotline.

13.16    Sec. 5. Minnesota Statutes 2016, section 290.0132, is amended by adding a subdivision
13.17to read:
13.18    Subd. 23. Pregnancy, parenting, and caregiver leave. The amount received in benefits
13.19under section 181.9411 is a subtraction.

13.20ARTICLE 4
13.21EARNED SICK AND SAFE TIME

13.22    Section 1. Minnesota Statutes 2016, section 177.27, subdivision 2, is amended to read:
13.23    Subd. 2. Submission of records; penalty. The commissioner may require the employer
13.24of employees working in the state to submit to the commissioner photocopies, certified
13.25copies, or, if necessary, the originals of employment records which the commissioner deems
13.26necessary or appropriate. The records which may be required include full and correct
13.27statements in writing, including sworn statements by the employer, containing information
13.28relating to wages, hours, names, addresses, and any other information pertaining to the
13.29employer's employees and the conditions of their employment as the commissioner deems
13.30necessary or appropriate.
14.1The commissioner may require the records to be submitted by certified mail delivery
14.2or, if necessary, by personal delivery by the employer or a representative of the employer,
14.3as authorized by the employer in writing.
14.4The commissioner may fine order the employer to pay a civil penalty of up to $1,000
14.5$2,000 for each failure to submit or deliver records as required by this section. This penalty
14.6is in addition to any penalties provided under section 177.32, subdivision 1. In determining
14.7the amount of a civil penalty under this subdivision, the appropriateness of such penalty to
14.8the size of the employer's business and the gravity of the violation shall be considered.

14.9    Sec. 2. Minnesota Statutes 2016, section 177.27, subdivision 4, is amended to read:
14.10    Subd. 4. Compliance orders. The commissioner may issue an order requiring an
14.11employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
14.12181.101 , 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275,
14.13subdivision 2a
, 181.722, 181.79, and 181.939 to 181.943 181.9441, or with any rule
14.14promulgated under section 177.28. The commissioner shall issue an order requiring an
14.15employer to comply with sections 177.41 to 177.435 if the violation is repeated. For purposes
14.16of this subdivision only, a violation is repeated if at any time during the two years that
14.17preceded the date of violation, the commissioner issued an order to the employer for violation
14.18of sections 177.41 to 177.435 and the order is final or the commissioner and the employer
14.19have entered into a settlement agreement that required the employer to pay back wages that
14.20were required by sections 177.41 to 177.435. The department shall serve the order upon the
14.21employer or the employer's authorized representative in person or by certified mail at the
14.22employer's place of business. An employer who wishes to contest the order must file written
14.23notice of objection to the order with the commissioner within 15 calendar days after being
14.24served with the order. A contested case proceeding must then be held in accordance with
14.25sections 14.57 to 14.69. If, within 15 calendar days after being served with the order, the
14.26employer fails to file a written notice of objection with the commissioner, the order becomes
14.27a final order of the commissioner.

14.28    Sec. 3. Minnesota Statutes 2016, section 177.28, subdivision 1, is amended to read:
14.29    Subdivision 1. General authority. (a) The commissioner may adopt rules, including
14.30definitions of terms, to carry out the purposes of sections 177.21 to 177.44, to prevent the
14.31circumvention or evasion of those sections, and to safeguard the minimum wage and overtime
14.32rates established by sections 177.24 and 177.25.
15.1    (b) The commissioner may adopt rules to carry out the purposes of sections 181.939 to
15.2181.9441.

15.3    Sec. 4. [177.36] REPORT TO LEGISLATURE.
15.4(a) The commissioner must submit an annual report to the legislature, including to the
15.5chair and ranking minority member of any relevant legislative committee. The report must
15.6include, but is not limited to:
15.7(1) a list of all violations of statutory sections listed in section 177.27, subdivision 4,
15.8including the employer involved, and the nature of any violations; and
15.9(2) an analysis of noncompliance with the statutory sections listed in section 177.27,
15.10subdivision 4, including any patterns by employer, industry, or county.
15.11(b) A report under this section must not include an employee's name or other identifying
15.12information, any health or medical information regarding an employee or an employee's
15.13family member, or any information pertaining to domestic abuse, sexual assault, or stalking
15.14of an employee or an employee's family member.

15.15    Sec. 5. Minnesota Statutes 2016, section 181.032, is amended to read:
15.16181.032 REQUIRED STATEMENT OF EARNINGS BY EMPLOYER.
15.17(a) At the end of each pay period, the employer shall provide each employee an earnings
15.18statement, either in writing or by electronic means, covering that pay period. An employer
15.19who chooses to provide an earnings statement by electronic means must provide employee
15.20access to an employer-owned computer during an employee's regular working hours to
15.21review and print earnings statements.
15.22(b) The earnings statement may be in any form determined by the employer but must
15.23include:
15.24(1) the name of the employee;
15.25(2) the hourly rate of pay (if applicable);
15.26(3) the total number of hours worked by the employee unless exempt from chapter 177;
15.27(4) the total amount of gross pay earned by the employee during that period;
15.28(5) the total amount of overtime pay earned by the employee during that period;
15.29(6) the total amount of gratuities earned by the employee during that period;
16.1(7) the total amount of any additional compensation paid to the employee during that
16.2period, including any predictability pay under section 181.99;
16.3(8) the total amount of expense reimbursements paid to the employee during that period;
16.4(5) (9) a list of deductions made from the employee's pay;
16.5(6) (10) the net amount of pay after all deductions are made;
16.6(7) (11) the date on which the pay period ends; and
16.7(8) (12) the legal name of the employer and the operating name of the employer if
16.8different from the legal name;
16.9(13) the total amount of employer-provided leave used by the employee during that pay
16.10period; and
16.11(14) the total amount of employer-provided leave available for the employee to use.
16.12(c) An employer must provide earnings statements to an employee in writing, rather
16.13than by electronic means, if the employer has received at least 24 hours notice from an
16.14employee that the employee would like to receive earnings statements in written form. Once
16.15an employer has received notice from an employee that the employee would like to receive
16.16earnings statements in written form, the employer must comply with that request on an
16.17ongoing basis.

16.18    Sec. 6. Minnesota Statutes 2016, section 181.940, is amended to read:
16.19181.940 DEFINITIONS.
16.20    Subdivision 1. Scope. For the purposes of sections 181.940 to 181.944 181.9441, the
16.21terms defined in this section have the meanings given them.
16.22    Subd. 2. Employee. "Employee" means a person who performs services for hire for an
16.23an individual employed by an employer from whom a leave is requested under sections
16.24181.940 to 181.944 for: who has performed at least 680 hours of work for that employer or
16.25who has worked for that employer for at least 17 weeks. Employee does not mean an
16.26independent contractor.
16.27(1) at least 12 months preceding the request; and
16.28(2) for an average number of hours per week equal to one-half the full-time equivalent
16.29position in the employee's job classification as defined by the employer's personnel policies
16.30or practices or pursuant to the provisions of a collective bargaining agreement, during the
16.3112-month period immediately preceding the leave.
17.1Employee includes all individuals employed at any site owned or operated by the
17.2employer but does not include an independent contractor.
17.3    Subd. 3. Employer. "Employer" means a person or entity that employs 21 one or more
17.4employees at at least one site, except that, for purposes of the school leave allowed under
17.5section 181.9412, employer means a person or entity that employs one or more employees
17.6in Minnesota. The term includes an individual, corporation, partnership, association, nonprofit
17.7organization, group of persons, state, county, town, city, school district, or other governmental
17.8subdivision.
17.9    Subd. 4. Child. "Child" means an individual under 18 years of age or an individual under
17.10age 20 who is still attending secondary school.
17.11    Subd. 5. Family member. "Family member" means an employee's spouse, child, adult
17.12child, stepchild, foster child, ward, child for whom the employee is legal guardian, regular
17.13member of the employee's household, parent, stepparent, sibling, grandchild, stepgrandchild,
17.14adopted grandchild, foster grandchild, mother-in-law, father-in-law, or grandparent.
17.15    Subd. 6. FMLA. "FMLA" means the Family and Medical Leave Act of 1993, United
17.16States Code, title 29, section 2601, et seq., as amended through the effective date of this
17.17section.
17.18    Subd. 7. Commissioner. "Commissioner" means the commissioner of labor and industry
17.19or authorized designee or representative.

17.20    Sec. 7. Minnesota Statutes 2016, section 181.942, is amended to read:
17.21181.942 REINSTATEMENT AFTER LEAVE.
17.22    Subdivision 1. Comparable position. (a) An employee returning from a leave of absence
17.23under section 181.941 is entitled to return to employment in the employee's former position
17.24or in a position of comparable duties, number of hours, and pay. An employee returning
17.25from a leave of absence longer than one month must notify a supervisor at least two weeks
17.26prior to return from leave. An employee returning from a leave under section 181.9412 or
17.27181.9413 181.9441 is entitled to return to employment in the employee's former position.
17.28(b) If, during a leave under sections 181.940 to 181.944 181.9441, the employer
17.29experiences a layoff and the employee would have lost a position had the employee not
17.30been on leave, pursuant to the good faith operation of a bona fide layoff and recall system,
17.31including a system under a collective bargaining agreement, the employee is not entitled to
17.32reinstatement in the former or comparable position. In such circumstances, the employee
18.1retains all rights under the layoff and recall system, including a system under a collective
18.2bargaining agreement, as if the employee had not taken the leave.
18.3    Subd. 2. Pay; benefits; on return. An employee returning from a leave of absence
18.4under sections 181.940 to 181.944 181.9441 is entitled to return to employment at the same
18.5rate of pay the employee had been receiving when the leave commenced, plus any automatic
18.6adjustments in the employee's pay scale that occurred during leave period. The employee
18.7returning from a leave is entitled to retain all accrued preleave benefits of employment and
18.8seniority, as if there had been no interruption in service; provided that nothing in sections
18.9181.940 to 181.944 181.9441 prevents the accrual of benefits or seniority during the leave
18.10pursuant to a collective bargaining or other agreement between the employer and employees.
18.11    Subd. 3. Part-time return. An employee, by agreement with the employer, may return
18.12to work part time during the leave period without forfeiting the right to return to employment
18.13at the end of the leave period, as provided in sections 181.940 to 181.944 181.9441.

18.14    Sec. 8. Minnesota Statutes 2016, section 181.944, is amended to read:
18.15181.944 INDIVIDUAL REMEDIES.
18.16In addition to any other remedies provided by law, a person injured by a violation of
18.17sections 181.172, paragraph (a) or (d), and 181.939 to 181.943 181.9441 may bring a civil
18.18action to recover any and all damages recoverable at law, together with costs and
18.19disbursements, including reasonable attorney's fees, and may receive injunctive and other
18.20equitable relief as determined by a court.

18.21    Sec. 9. [181.9441] EARNED SICK AND SAFE TIME.
18.22    Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in this
18.23subdivision have the meanings given them.
18.24(b) "Domestic abuse" has the same meaning as given in section 518B.01.
18.25(c) "Earned sick and safe time" means leave, including paid time off and other paid leave
18.26systems, that are paid at the same hourly rate as an employee earns from employment.
18.27(d) "Sexual assault" means an act that constitutes a violation under sections 609.342 to
18.28609.3453, or 609.352.
18.29(e) "Stalking" has the same meaning as given in section 609.749.
18.30    Subd. 2. Accrual of earned sick and safe time. (a) An employee accrues a minimum
18.31of one hour of earned sick and safe time for every 30 hours worked. Except as provided in
19.1paragraph (b), an employee may not accrue more than 72 hours of earned sick and safe time
19.2in a calendar year unless the employer agrees to a higher amount.
19.3(b) Employees of an employer that employs fewer than 21 employees may not accrue
19.4more than 40 hours of earned sick and safe time in a calendar year unless the employer
19.5agrees to a higher amount.
19.6(c) Employees who are exempt from overtime requirements under United States Code,
19.7title 29, section 213(a)(1), as amended through the effective date of this section, are deemed
19.8to work 40 hours in each work week for purposes of accruing earned sick and safe time,
19.9except that an employee whose normal work week is less than 40 hours will accrue earned
19.10sick and safe time based upon the normal work week.
19.11(d) Earned sick and safe time under this section begins to accrue at the commencement
19.12of employment of the employee.
19.13(e) Employees shall be entitled to use accrued earned sick and safe time beginning 90
19.14calendar days following commencement of their employment. After 90 calendar days of
19.15employment, employees may use earned sick and safe time as it is accrued.
19.16    Subd. 3. Use of earned sick and safe time. (a) An employee may use accrued earned
19.17sick and safe time for:
19.18(1) an employee's:
19.19(i) mental or physical illness, injury, or health condition;
19.20(ii) need for medical diagnosis, care, or treatment of a mental or physical illness, injury,
19.21or health condition; or
19.22(iii) need for preventive medical or health care;
19.23(2) care of a family member:
19.24(i) with a mental or physical illness, injury, or health condition;
19.25(ii) who needs medical diagnosis, care, or treatment of a mental or physical illness,
19.26injury, or health condition; or
19.27(iii) who needs preventive medical or health care;
19.28(3) absence due to domestic abuse, sexual assault, or stalking of the employee or
19.29employee's family member, provided the absence is to:
19.30(i) seek medical attention related to physical or psychological injury or disability caused
19.31by domestic abuse, sexual assault, or stalking;
20.1(ii) obtain services from a victim services organization;
20.2(iii) obtain psychological or other counseling;
20.3(iv) seek relocation due to domestic abuse, sexual assault, or stalking; or
20.4(v) take legal action, including preparing for or participating in any civil or criminal
20.5legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking;
20.6and
20.7(4) closure of the employee's place of business due to weather or other emergency, or
20.8an employee's need to care for a child whose school or place of care has been closed due
20.9to weather or other public emergency.
20.10(b) An employer may require notice of the need for use of earned sick and safe time as
20.11follows. If the need for use is foreseeable, an employer may require advance notice of the
20.12intention to use earned sick and safe time, but in no case shall require more than seven days'
20.13advance notice. If the need is not foreseeable, an employer may require an employee to give
20.14notice of the need for earned sick and safe time as soon as practicable.
20.15(c) When an employee uses earned sick and safe time for more than three consecutive
20.16days, an employer may require reasonable documentation that the earned sick and safe time
20.17is covered by paragraph (a). For earned sick and safe time under paragraph (a), clauses (1)
20.18and (2), reasonable documentation may include a signed statement by a health care
20.19professional indicating the need for use of earned sick and safe time. For earned sick and
20.20safe time under paragraph (a), clause (3), an employer must accept a court record or
20.21documentation signed by a volunteer for or employee of a victims services organization,
20.22an attorney, a police officer, or antiviolence counselor as reasonable documentation.
20.23(d) An employer may not require, as a condition of an employee's using earned sick and
20.24safe time, that the employee seek or find a replacement worker to cover the hours during
20.25which the employee uses earned sick and safe time.
20.26(e) Earned sick and safe time may be used in hourly increments or, at the discretion of
20.27the employer, increments of less than one hour.
20.28    Subd. 4. Retaliation prohibited. An employer shall not retaliate against an employee
20.29because the employee has requested earned sick and safe time, used earned sick and safe
20.30time, or made a complaint or filed an action to enforce a right to earned sick and safe time
20.31under this section.
20.32    Subd. 5. Notice and posting. (a) Employers shall give notice that employees are entitled
20.33to earned sick and safe time, the amount of earned sick and safe time, and the terms of its
21.1use under this section; that retaliation against employees who request or use earned sick
21.2and safe time is prohibited; and that each employee has the right to file a complaint or bring
21.3a civil action if earned sick and safe time is denied by the employer or the employee is
21.4retaliated against for requesting or using earned sick and safe time.
21.5(b) Employers may comply with this section by supplying employees with a notice in
21.6English and other appropriate languages that contains the information required in paragraph
21.7(a).
21.8(c) Employers may comply with this section by displaying a poster in a conspicuous
21.9and accessible place in each establishment where employees are employed which contains
21.10all information required under paragraph (a).
21.11(d) An employer that provides an employee handbook to its employees must include in
21.12the handbook notice of employee rights and remedies under this section.
21.13    Subd. 6. Confidentiality and nondisclosure. If, in conjunction with this section, an
21.14employer possesses health or medical information regarding an employee or an employee's
21.15family member or information pertaining to domestic abuse, sexual assault, or stalking of
21.16an employee or an employee's family member, the employer must treat such information
21.17as confidential and not disclose the information except with permission of the employee.
21.18    Subd. 7. No effect on more generous policies. (a) Nothing in this section shall be
21.19construed to discourage employers from adopting or retaining earned sick and safe time
21.20policies that meet or exceed, and do not otherwise conflict with, the minimum standards
21.21and requirements provided in this section.
21.22(b) Nothing in this section shall be construed to limit the right of parties to a collective
21.23bargaining agreement to bargain and agree with respect to earned sick and safe time policies
21.24or to diminish the obligation of an employer to comply with any contract, collective
21.25bargaining agreement, or any employment benefit program or plan that meets or exceeds,
21.26and does not otherwise conflict with, the minimum standards and requirements provided in
21.27this section.
21.28(c) Employers who provide their employees earned sick and safe time under a paid time
21.29off policy or other paid leave policy that meets or exceeds, and does not otherwise conflict
21.30with, the minimum standards and requirements provided in this section are not required to
21.31provide additional earned sick and safe time.
21.32    Subd. 8. Termination, separation, transfer. Nothing in this section may be construed
21.33as requiring financial or other reimbursement to an employee from an employer upon the
22.1employee's termination, resignation, retirement, or other separation from employment for
22.2accrued earned sick and safe time that has not been used. If an employee is transferred to
22.3a separate division, entity, or location, but remains employed by the same employer, the
22.4employee is entitled to all earned sick and safe time accrued at the prior division, entity, or
22.5location and is entitled to use all earned sick and safe time as provided in this section. When
22.6there is a separation from employment and the employee is rehired within 12 months of
22.7separation by the same employer, previously accrued earned sick and safe time that had not
22.8been used must be reinstated. An employee is entitled to use accrued earned sick and safe
22.9time and accrue additional earned sick and safe time at the commencement of reemployment.

22.10    Sec. 10. REPEALER.
22.11Minnesota Statutes 2016, section 181.9413, is repealed.

22.12    Sec. 11. EFFECTIVE DATE.
22.13This article is effective 180 days following final enactment.

22.14ARTICLE 5
22.15FAIR SCHEDULING

22.16    Section 1. Minnesota Statutes 2016, section 177.27, subdivision 4, is amended to read:
22.17    Subd. 4. Compliance orders. The commissioner may issue an order requiring an
22.18employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
22.19181.101 , 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275,
22.20subdivision 2a
, 181.722, 181.79, and 181.939 to 181.943, or and 181.99, and with any rule
22.21promulgated under section 177.28. The commissioner shall issue an order requiring an
22.22employer to comply with sections 177.41 to 177.435 if the violation is repeated. For purposes
22.23of this subdivision only, a violation is repeated if at any time during the two years that
22.24preceded the date of violation, the commissioner issued an order to the employer for violation
22.25of sections 177.41 to 177.435 and the order is final or the commissioner and the employer
22.26have entered into a settlement agreement that required the employer to pay back wages that
22.27were required by sections 177.41 to 177.435. The department shall serve the order upon the
22.28employer or the employer's authorized representative in person or by certified mail at the
22.29employer's place of business. An employer who wishes to contest the order must file written
22.30notice of objection to the order with the commissioner within 15 calendar days after being
22.31served with the order. A contested case proceeding must then be held in accordance with
22.32sections 14.57 to 14.69. If, within 15 calendar days after being served with the order, the
23.1employer fails to file a written notice of objection with the commissioner, the order becomes
23.2a final order of the commissioner.

23.3    Sec. 2. [181.99] NOTICE OF EMPLOYEE SCHEDULES.
23.4    Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in this
23.5subdivision have the meanings given them.
23.6(b) "Commissioner" means the commissioner of labor and industry or authorized designee
23.7or representative.
23.8(c) "Employee" means an individual employed by an employer.
23.9(d) "Employer" means a person or entity that employs one or more employees. The term
23.10includes an individual, corporation, partnership, association, nonprofit organization, group
23.11of persons, state, county, town, city, school district, or other governmental subdivision.
23.12(e) "Flexible working arrangement" means a change in an employee's terms and conditions
23.13of employment with respect to work schedule, including, but not limited to, a modified
23.14work schedule, changes in start or end times in a work schedule or work shift, a predictable,
23.15stable work schedule, part-time employment, job sharing arrangements, working from home,
23.16telecommuting, limitations on the employee's availability to work, the location of the
23.17employee's worksite, reduction or change in work duties, or part-year employment.
23.18(f) "On-call shift" or "on-call hours" mean time that an employer requires an employee
23.19to be available to work, and to contact the employer or its designee or wait to be contacted
23.20by the employer or its designee to determine whether the employee must report to work at
23.21that time.
23.22(g) "Predictability pay" means payments to an employee, calculated on an hourly basis
23.23at the employee's regular rate of pay, for applicable schedule changes pursuant to subdivision
23.244. An employer must pay an employee predictability pay, when required by this section, in
23.25addition to any wages earned for work performed by the employee. An employer must pay
23.26predictability pay to an employee in the same pay period in which it was incurred by the
23.27employer.
23.28(h) "Shift" means the consecutive hours an employer requires an employee to work or
23.29to be on call to work. Breaks totaling two hours or less shall not be considered an interruption
23.30of consecutive hours.
23.31(i) "Work week" means a fixed, consecutive seven-day period.
24.1(j) "Work schedule" means all of an employee's regular and on-call shifts during a work
24.2week.
24.3    Subd. 2. Advance notice of work schedules. (a) An employer must give each employee
24.4the employee's individual initial work schedule, in writing, at least 21 days before the first
24.5day of that work schedule. An employer must contact each employee to notify the employee
24.6of any change in the employee's work schedule before the change takes effect and must
24.7provide the employee with a revised written work schedule reflecting any changes within
24.824 hours of making the change.
24.9(b) On or before the beginning of an employee's employment, the employer must provide
24.10the employee with a written work schedule for the employee's first 21 days of employment.
24.11(c) An employer may not require an employee to work hours not included in the
24.12employee's initial written work schedule without consent in writing by the employee.
24.13(d) An employer must post a written schedule that includes the shifts of all current
24.14employees at a worksite at least 21 days before the start of each work week, whether or not
24.15they are scheduled to work or be on call that week. The employer must update that posted
24.16schedule within 24 hours of any change. The written schedule must be posted in a place
24.17that is readily accessible and visible to all employees at a worksite.
24.18(e) An employee's work week must begin on the same day of the week each week, unless
24.19the employer provides 21 days advance written notice of a change in the start day of the
24.20work week.
24.21(f) An employee has the right to request a change in work schedule, request to limit his
24.22or her availability to work particular hours, or otherwise provide input into the employee's
24.23work schedule.
24.24(g) An employer must not require an employee to seek or find a replacement employee
24.25for any shifts or hours an employee is unable to work.
24.26    Subd. 3. Flexible working arrangements. (a) An employee has a right to request a
24.27flexible working arrangement at any time. Such a request must be in writing.
24.28(b) An employer must consider an employee's request for a flexible working arrangement
24.29in good faith and engage in an interactive process with the employee to consider the request
24.30and determine whether the request can be granted in a manner consistent with the employer's
24.31business operations or legal or contractual obligations. The employer must begin this
24.32interactive process within two days of receiving the request. If information provided by the
24.33employee making a request for a flexible working arrangement requires clarification, the
25.1employer must explain what further information is needed and give the employee reasonable
25.2time to produce the information.
25.3(c) After engaging in the interactive process, an employer must notify the employee of
25.4its decision regarding a flexible working arrangement, in writing, within two days of its last
25.5communication with the employee during the interactive process.
25.6(d) If an employee requests a flexible working arrangement because of a serious health
25.7condition of the employee, the employee's responsibilities as a caregiver, or the employee's
25.8enrollment in a career-related educational or training program, or if a part-time employee
25.9makes the request for a reason related to a second job, the employer must grant the request.
25.10    Subd. 4. Predictability pay required. (a) Within 21 days of, but not less than 24 hours
25.11from, the start of an employee's shift, an employer may do any of the following provided
25.12the employer pays the affected employee one hour of predictability pay in addition to wages
25.13earned for each changed shift, if any:
25.14(1) subtract hours from a shift;
25.15(2) add hours to a shift or add a shift;
25.16(3) cancel a shift; or
25.17(4) change the start or end time of a shift.
25.18(b) Within 24 hours of the start of an employee's shift, an employer may do either of the
25.19following provided the employer pays the affected employee one hour of predictability pay
25.20in addition to wages earned for each changed shift:
25.21(1) change the start or end time of a shift without changing the total number of hours in
25.22the shift; or
25.23(2) add hours to a shift.
25.24(c) Whenever an employee is scheduled to work a shift, and the employer cancels the
25.25shift or reduces the hours in the shift with less than 24 hours notice, the employer must pay
25.26the employee the lesser of four hours of predictability pay or predictability pay equal to the
25.27number of hours originally scheduled for the shift.
25.28(d) An employer is not required to pay an employee any predictability pay under this
25.29subdivision when a schedule change is the result of the employee's request, including, but
25.30not limited to, a request to trade shifts with another employee, to use sick leave, vacation
25.31time, or any other type of leave.
26.1(e) An employer is not required to pay an employee any predictability pay under this
26.2subdivision when a schedule change is the result of mutually agreed upon shift trade among
26.3employees.
26.4    Subd. 5. Exception for suspended operations. The requirements of subdivisions 2 to
26.54 do not apply to an employer when that employer's operations are suspended:
26.6(1) due to threats to employees or property;
26.7(2) when civil authorities have recommended that work not begin or continue;
26.8(3) due to failure of public utilities or sewer systems or because public utilities fail to
26.9supply electricity, water, or gas; or
26.10(4) due to a natural disaster or weather event.
26.11    Subd. 6. Right to rest. An employee has the right to decline work hours that occur (1)
26.12less than 11 hours after the end of the previous shift, or (2) during the 11 hours following
26.13the end of a shift that spanned two days. An employer must pay an employee 1-1/2 times
26.14the employee's regular rate of pay for any such hours worked.
26.15    Subd. 7. No discrimination based on hours of work. (a) An employer must not pay a
26.16different regular rate of pay based on the number of hours an employee is scheduled to work
26.17to employees whose jobs require equal skill, effort, and duties, and that are performed under
26.18similar working conditions. An employer may pay different hourly wages based on other
26.19reasons, such as seniority systems, merit, employee responsibilities, or systems that measure
26.20earnings by quantity or quality of production.
26.21(b) An employer must not condition eligibility for leave or time off based on the number
26.22of hours an employee is scheduled to work for employees whose jobs require equal skill,
26.23effort, and duties, and that are performed under similar working conditions. An employer
26.24may prorate employee leave or time off based on the number of hours the employee works.
26.25(c) An employer must not condition eligibility for raises or promotions based on the
26.26number of hours an employee is scheduled to work for employees whose jobs require equal
26.27skill, effort, and duties, and that are performed under similar working conditions. Employers
26.28may condition eligibility for raises on other reasons, such as seniority systems, merit,
26.29employee responsibilities, or the nature and amount of an employee's work experience.
26.30    Subd. 8. Access to hours. If an employer has additional hours of work available in
26.31positions held by current employees, the employer must offer those hours to current qualified
26.32employees before hiring new employees or contractors, including the use of temporary
26.33services or staffing agencies.
27.1    Subd. 9. Record-keeping requirements. (a) An employer must keep an accurate record
27.2of:
27.3(1) the name, address, and occupation of each employee;
27.4(2) the amount paid each pay period to each employee;
27.5(3) the hours worked each day and each week by each employee; and
27.6(4) each employee's initial work schedule and all subsequent revisions to that work
27.7schedule.
27.8(b) An employer must keep the records required by this subdivision for at least two years
27.9after the entry date of the record. The records must be maintained at the place of employment,
27.10at an office of the employer, or with a bank, accountant, or other central location, and must
27.11be open to inspection and available upon request by the commissioner.
27.12(c) An employer must allow an employee to inspect records required by this subdivision
27.13and relating to that employee at a reasonable time and place.
27.14(d) The commissioner may impose a civil penalty of up to $1,000 on an employer for
27.15each failure to keep, furnish, or allow inspection of records under this subdivision.
27.16    Subd. 10. Employer retaliation. No employer shall discharge or take any other adverse
27.17action against any person in retaliation for asserting any claim or right under this section,
27.18for assisting any other person in doing so, or for informing any person about their rights
27.19under this section. An employer taking any adverse action against a person within one year
27.20of a person's engaging in the foregoing activities shall raise a presumption that such action
27.21was retaliation, which may be rebutted by clear and convincing evidence that such action
27.22was taken for other permissible reasons.
27.23    Subd. 11. Individual remedies. In addition to any other remedies available in law or
27.24equity, an employee may bring a civil action seeking redress for a violation or violations
27.25of this section directly to any court of competent jurisdiction. An employee may recover
27.26any and all damages recoverable at law plus an additional amount equal to twice those
27.27damages, together with costs and disbursements including reasonable attorney fees, and
27.28may receive injunctive and other equitable relief as determined by a court.
27.29    Subd. 12. Encouragement of more generous policies. (a) Nothing in this section shall
27.30be construed to discourage employers from adopting or retaining policies that meet or
27.31exceed, and do not otherwise conflict with, the minimum standards and requirements
27.32provided in this section.
28.1(b) This section does not apply to employees covered under a collective bargaining
28.2agreement with an employer."
28.3Amend the title accordingly