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State Representative Joe Mullery
100 Rev. Dr. Martin Luther King Jr. Blvd.
651-296-4262
For more information contact: Matt Swenson 651-297-8406
Column/LTE
NEW LABOR AND WORKER PROTECTION LAWS
In the construction industry many contractors misclassify workers as independent contractors, so the state and federal governments lose millions of dollars in workers’ compensation, unemployment, and Social Security taxes. It also puts those contractors at a great advantage over those who play by the laws. Those shady contractors also use that classification to avoid prevailing wage laws. The new law gets at the problem of contractors claiming that people working on the job under the same terms as the contractor’s other employees can’t be labeled as independent contractors in order to reduce their wages, benefits, and other governmental charges. Under this law all individuals who want to work as an independent contractor must be certified as such by the Minnesota Department of Labor and Industry.
Another new law strengthens the prevailing wage law. I authored the extensive bill to put in new requirements so we could fully enforce the prevailing wage laws in this state. The prevailing wage law requires contractors on state-funded projects to pay the average wage for that county for that particular type of construction worker (or by state region for the highway construction industry). In the past, the Minnesota Department of Labor and Industry had no enforcement provisions so they could only send cases to the county attorneys for criminal charges; but the county attorneys almost never did anything about them. This bill allows the Department of Labor and Industry to issue orders requiring compliance with the prevailing wage laws, and if the person doesn’t comply, the Attorney General can step in and take action against the contractor. This law also requires contractors to turn in their payrolls so they can be reviewed to make sure the contractors are complying with prevailing wage laws. While my original bill was much stronger in providing enforcement so that we can really stop these contractors from ripping off taxpayers, at least we will now have some enforcement provisions through the version that ultimately became law.
Any public employee may report to a governmental body or law enforcement official the findings of a scientific or technical study that the employee, in good faith, believes to be true and accurate. If the governmental body wrongfully disciplines the whistleblower, the court may order re-instatement, back-pay, restoration of lost service credit, compensatory damages, and expungement of adverse employment records.
A meat packers bill of rights requires plants to provide employees with safe equipment and notice in their native language of company policies and existing worker protection laws.
Unemployment benefits were extended to mechanics for Northwest Airlines who were locked out in 2005.
The awarding of construction contracts was changed to allow “best value" as a criteria. At present the law requires the bids to be awarded to the lowest responsible bidder. The new provision will provide that the government can take into account certain types of “best value” criteria, including the quality and timeliness of previous work on the project and the ability to adapt to changes in the contract without large additional costs or delays. In actuality some local governments had already figured out how to do this by building such criteria into their own standards for a “responsible contractor”.
Another bill (which was similar to a bill I worked on) would have extended the Minnesota parental leave law by permitting workers to use sick leave to care for, not just their children, but also siblings, spouses, parents, grandparents, and domestic partners (whether of the same or opposite sex). The bill did not progress beyond its third committee, however, and the governor’s office indicated it would not be approved.
Although many companies get funds from the state for various reasons, nothing prevents them from using those funds to discourage union activities. Two of us introduced similar bills that would have prohibited using state funds to train managers, hire consultants and attorneys, or otherwise affect a union organizing activity. However, while the bill passed committee, it was never heard by the full House of Representatives.
News Items
- Reminder: Primary - August 14; Some Voting Locations May Have Changed - (Posted: 2012-07-08 00:00:00)
- Passing of Dr. John Williams - (Posted: 2012-07-09 00:00:00)
- Rep. Mullery: 2012 Legislative Report - (Posted: 2012-07-10 00:00:00)
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