.................... moves to amend the H2781DE1 amendment to H.F. No. 2781 as
Page 12, after line 27, insert:
"Section 1. Minnesota Statutes 2008, section 268.035, is amended by adding a
subdivision to read:
1.6 Subd. 23b. Staffing service. A "staffing service" is an employer whose business
1.7involves employing individuals directly for the purpose of furnishing temporary
1.8assignment workers to clients of the staffing service.
Sec. 2. Minnesota Statutes 2009 Supplement, section 268.035, subdivision 23a,
is amended to read:
Subd. 23a. Suitable employment.
(a) Suitable employment means employment in
the applicant's labor market area that is reasonably related to the applicant's qualifications.
In determining whether any employment is suitable for an applicant, the degree of risk
involved to the health and safety, physical fitness, prior training, experience, length
of unemployment, prospects for securing employment in the applicant's customary
occupation, and the distance of the employment from the applicant's residence is
(b) In determining what is suitable employment, primary consideration is given to the
temporary or permanent nature of the applicant's separation from employment and whether
the applicant has favorable prospects of finding employment in the applicant's usual or
customary occupation at the applicant's past wage level within a reasonable period of time.
If prospects are unfavorable, employment at lower skill or wage levels is suitable
if the applicant is reasonably suited for the employment considering the applicant's
education, training, work experience, and current physical and mental ability.
The total compensation must be considered, including the wage rate, hours of
employment, method of payment, overtime practices, bonuses, incentive payments, and
(c) When potential employment is at a rate of pay lower than the applicant's former
rate, consideration must be given to the length of the applicant's unemployment and the
proportion of difference in the rates. Employment that may not be suitable because of
lower wages during the early weeks of the applicant's unemployment may become suitable
as the duration of unemployment lengthens.
(d) For an applicant seasonally unemployed, suitable employment includes
temporary work in a lower skilled occupation that pays average gross weekly wages equal
to or more than 150 percent of the applicant's weekly unemployment benefit amount.
(e) If a majority of the applicant's weeks of employment in the base period includes
part-time employment, part-time employment in a position with comparable skills and
comparable hours that pays comparable wages is considered suitable employment.
Full-time employment is not considered suitable employment for an applicant if a
majority of the applicant's weeks of employment in the base period includes part-time
(f) To determine suitability of employment in terms of shifts, the arrangement of
hours in addition to the total number of hours is to be considered. Employment on a
second, third, rotating, or split shift is suitable employment if it is customary in the
occupation in the labor market area.
(g) Employment is not considered suitable if:
(1) the position offered is vacant because of a labor dispute;
(2) the wages, hours, or other conditions of employment are substantially less
favorable than those prevailing for similar employment in the labor market area;
(3) as a condition of becoming employed, the applicant would be required to join a
company union or to resign from or refrain from joining any bona fide labor organization;
2.29(4) the employment is with a staffing service and less than 75 percent of the
2.30applicant's wage credits are with a staffing service
Sec. 3. Minnesota Statutes 2008, section 268.035, is amended by adding a subdivision
2.33 Subd. 23c. Suitable job assignment. A job assignment with a staffing service is
2.34considered suitable only if it independently meets the definition of suitable employment as
2.35defined in subdivision 23b.
Sec. 4. Minnesota Statutes 2008, section 268.085, subdivision 16, is amended to read:
Subd. 16. Actively seeking suitable employment defined.
(a) "Actively seeking
suitable employment" means those reasonable, diligent efforts an individual in similar
circumstances would make if genuinely interested in obtaining suitable employment under
the existing conditions in the labor market area. Limiting the search to positions that are
not available or are above the applicant's training, experience, and qualifications is not
"actively seeking suitable employment."
(b) To be considered "actively seeking suitable employment" an applicant must,
when reasonable, contact those employers from whom the applicant was laid off because
of lack of work and request suitable employment.
(c) If reasonable prospects of suitable employment in the applicant's usual or
customary occupation do not exist, the applicant must actively seek other suitable
employment to be considered "actively seeking suitable employment." This applies to an
applicant who is seasonally unemployed.
(d) Actively seeking a suitable job assignment or other employment with a staffing
3.16service is considered actively seeking suitable employment.
An applicant who is seeking employment only through a union is considered
actively seeking suitable employment if the applicant is in an occupation where hiring
in that locality is done through the union. If the applicant is a union member who is
restricted to obtaining employment among signatory contractors in the construction
industry, seeking employment only with those signatory contractors is considered actively
seeking employment. The applicant must be a union member in good standing, registered
with the union for employment, and in compliance with other union rules to be considered
"actively seeking suitable employment."
Sec. 5. Minnesota Statutes 2009 Supplement, section 268.095, subdivision 2, is
amended to read:
Subd. 2. Quit defined.
(a) A quit from employment occurs when the decision to end
the employment was, at the time the employment ended, the employee's.
(b) An employee who has been notified that the employee will be discharged in the
future, who chooses to end the employment while employment in any capacity is still
available, is considered to have quit the employment.
(c) An employee who seeks to withdraw a previously submitted notice of quitting is
considered to have quit the employment if the employer does not agree that the notice
may be withdrawn.
(d) An applicant who, within five calendar days after completion of a suitable
job assignment from a staffing service
, (1) fails without good cause to
affirmatively request an additional suitable
job assignment, (2) refuses without good cause
an additional suitable job assignment offered, or (3) accepts employment with the client
of the staffing service, is considered to have quit employment with the staffing service.
Accepting employment with the client of the staffing service meets the requirements of the
exception to ineligibility under subdivision 1, clause (2).
This paragraph applies only if, at the time of beginning of employment with the
, the applicant signed and was provided a copy of a separate
document written in clear and concise language that informed the applicant of this
paragraph and that unemployment benefits may be affected.
For purposes of this paragraph, "good cause" is a reason that is significant and
would compel an average, reasonable worker, who would otherwise want an additional
job assignment with the staffing service
, (1) to fail to contact
the staffing service
, or (2) to refuse an offered assignment.
For purposes of this paragraph, a "staffing service employer" is an employer whose
4.17 business involves employing individuals directly for the purpose of furnishing temporary
4.18 job assignment workers to clients of the staffing service.
Sec. 6. Minnesota Statutes 2008, section 268.095, subdivision 5, is amended to read:
Subd. 5. Discharge defined.
(a) A discharge from employment occurs when any
words or actions by an employer would lead a reasonable employee to believe that the
employer will no longer allow the employee to work for the employer in any capacity. A
layoff because of lack of work is considered a discharge. A suspension from employment
without pay of more than 30 calendar days is considered a discharge.
(b) An employee who gives notice of intention to quit the employment and is not
allowed by the employer to work the entire notice period is considered discharged from
the employment as of the date the employer will no longer allow the employee to work. If
the discharge occurs within 30 calendar days before the intended date of quitting, then,
as of the intended date of quitting, the separation from employment is considered a quit
from employment subject to subdivision 1.
4.31(c) The end of a job assignment with the client of a staffing service is considered a
4.32discharge from employment with the staffing service.