Senate Counsel, Research
and Fiscal Analysis
Minnesota Senate Bldg.
95 University Avenue W. Suite 3300
St. Paul, MN 55155
(651) 296-4791
Tom Bottern
Director
   Senate   
State of Minnesota
 
 
 
 
 
S.F. No. 1329 - Wage Theft Prohibition
 
Author: Senator Bobby Joe Champion
 
Prepared By: Carlon D. Fontaine, Senate Counsel (651/296-4395)
 
Date: April 17, 2017



 

Section 1 [Submission of records; penalty] increases the penalty for failure to submit employment records to the Department of Labor and Industry (DLI) from $1,000 to $10,000.   

Section 2 [Subpoenas] authorizes DLI to issue subpoenas to compel persons to give testimony and produce documents and other materials.

Section 3 [Keeping records; penalty] expands and clarifies record keeping requirements for employers, including retention of any personnel policies provided to employees and required notices. Increases the penalty for failure to maintain appropriate employment records from $1,000 to $10,000.

Section 4 [Misdemeanors] creates a criminal penalty of a gross misdemeanor for an employer that fails to pay any wages due to an employee or employees, if the total wages withheld in relation to all affected employees is $10,000 or more.

Section 5 [Prohibited practices] provides a definition of wage theft.

Section 6 [Enforcement] clarifies that the use of wage theft enforcement provisions does not preclude the use of other enforcement provisions provided by law.

Section 7 [Citations] allows the Commissioner of Labor and Industry to issue citations to an employer for failure to pay wages of up to $1,000. Specifies that the citation may require the employer to correct the violation, to cease and desist from committing the violation, and may assess a monetary penalty of up to $1,000. Specifies that if the citation includes a penalty assessment, the penalty is due on the date the citation becomes final. Requires the commissioner to vacate the citation if:  (1) before the citation was issued, the employer paid the employee the back pay, gratuities, and compensatory damages specified in the citation; and (2) within five days after the citation is issued, the employer provides the commissioner acceptable evidence that the employer made the payment to the employee.

Section 8 [Administrative review] allows an employer to request an expedited hearing for review within 15 days after the commissioner issues a wage theft citation to an employer. Provides that if an employer does not request a hearing within 15 days, the citation becomes a final order of the commissioner and is not subject to review by any court or agency. 

Section 9 [Effect on other laws] clarifies that the section does not limit the application of other state or federal laws.

Section 10 [Required statement of earnings by employer; notice to employee] requires employers to give employees written notice of certain employment-related information at the start of employment, including the employee’s rate of pay, information about paid time off accruals and terms of use, scheduled paydays, whether the employee is exempt from minimum wage or overtime, the legal name of the employer, and the employer’s address and phone number. Requires the employer to keep a copy of the signed notice. Requires an employer to provide employees any changes to the information contained in the notice at least seven calendar days prior to the effective date of the changes.

Section 11 [Wages; how often paid] requires employers to pay employees on a regularly scheduled payday that occurs at least every 16 days, rather than every 31 days as provided in current law.

Section 12 [Appropriation] appropriates $500,000 each year in fiscal years 2018 and 2019 from the general fund to the Commissioner of Labor and Industry to address wage theft.

CDF/syl

 
Check on the status of this bill
 
Back to Senate Counsel and Research Bill Summaries page
 

 
This page is maintained by the Office of Senate Counsel, Research, and Fiscal Analysis for the Minnesota Senate.
 
Last review or update: 04/17/2017
 
If you see any errors on this page, please e-mail us at webmaster@senate.mn