1.1Senator McEwen moved to amend
S.F. No. 4612 as follows (...):
1.2Page 253, after line 27, insert:
1.4HEALTH CARE WORKER RETENTION AND PROTECTION
1.5 Section 1.
[145D.50] HEALTH CARE WORKER RETENTION AND PROTECTION.
1.6 Subdivision 1. Definitions. (a) For purposes of this section, the definitions in section
1.7145D.01 apply and the following terms have the meanings given.
1.8(b) "Affected health care entity" means a health care entity that has been the subject
of
1.9a change in control.
1.10(c) "Eligible employee" means any employee employed by an affected health care entity
1.11for a continuous period of at least 90 days.
1.12(d) "Employee retention period" means a 120 day period beginning on the date of a
1.13transaction that results in a change in control from one health care entity to another
health
1.14care entity.
1.15 Subd. 2. Health care worker retention and protection. (a) In the event of any
1.16transaction defined in section 145D.01, subdivision 1, paragraph (j), that results
in a change
1.17in control from one health care entity to another health care entity, the following
are required.
1.18(b) Not less than 30 days before the effective date of the change in control, the
predecessor
1.19health care entity must provide the successor health care entity with a full and accurate
list
1.20containing the name, address, date of hire, phone number, wage rate, and employment
1.21classification of each employee employed by the predecessor health care entity. Upon
1.22providing the list, the predecessor health care entity must post the list in a notice
to the
1.23employees that also sets forth the rights provided by this section in the same location
and
1.24manner that other statutorily required notices to employees are posted. The notice
must also
1.25be provided to the employees' collective bargaining representative or representatives,
if any.
1.26(c) A successor health care entity must, during the employee retention period, offer
each
1.27eligible employee continued employment and, if an employee accepts the offer, continue
1.28the employee's employment under the terms and conditions established by the successor
1.29health care entity, with no reduction of wages or benefits, except that the wage and
benefit
1.30rates offered and paid for the employee retention period may be higher than the rates
last
1.31paid to the employee by the predecessor health care entity and must not be lower than
any
2.1rate required by law. Such offers for continued employment must be made in writing
and
2.2must remain open for at least ten business days from the date of the offer.
2.3(d) Except as provided in this section, an eligible employee retained pursuant to
this
2.4section must not be discharged without just cause during the employee retention period.
2.5(e) If at any time during the employee retention period the successor health care
entity
2.6determines that fewer employees are required than were employed by the predecessor
health
2.7care entity, a successor health care entity must retain eligible employees by seniority
within
2.8each continued job classification. In the event that positions are subsequently restored,
a
2.9successor health care entity must offer to rehire any laid off employees by seniority.
2.10(f) A successor health care entity must retain written verification of each offer
of
2.11employment made pursuant to this section. The verification must include the name,
address,
2.12date of hire, phone number, wage rate, and employment classification of the eligible
employee
2.13to whom the offer was made. A successor health care entity must retain verification
records
2.14for no less than three years from the date that the offer was made.
2.15(g) At the end of the employee retention period, a successor health care entity must
2.16perform a written performance evaluation for each employee retained pursuant to this
section.
2.17If the employee's performance during the retention period is satisfactory, the successor
2.18health care entity must offer the employee continued employment under the terms and
2.19conditions established by the successor health care entity. A successor health care
entity
2.20must retain the written performance evaluation for no less than three years from the
date of
2.21issuance.
2.22(h) In the event that the successor health care entity discharges, lays off, or otherwise
2.23elects not to retain or employ any eligible employee at any time during the employee
retention
2.24period, except in cases of discharge for just cause, a successor health care entity
shall be
2.25liable to the affected employee for severance pay at the rate of one week's pay for
each year
2.26of employment with the predecessor health care entity. For purposes of this subdivision,
a
2.27week's pay is equal to the employee's gross earnings during the 12-month period prior
to
2.28the change of control, divided by the number of weeks in which the employee received
2.29gross earnings during that 12-month period. The severance pay to eligible employees
is
2.30owed in addition to any wages earned by the employee, and the severance pay must be
paid
2.31within 15 days following the affected employee's last day of work.
2.32 Subd. 3. Enforcement. Any employee who has been injured by a violation of this section
2.33may bring a civil action in any court of competent jurisdiction. In any such action,
the court
2.34shall have authority to order preliminary and permanent injunctive relief, including
3.1reinstatement of any employee who has been discharged or otherwise not retained in
violation
3.2of this section. In the event that a court finds that a health care entity has violated
any
3.3provision of this section, the court must award to the employee:
3.4(1) back pay for all lost earnings, plus an additional equal amount as liquidated
damages,
3.5which shall be calculated at a rate of compensation not less than the higher of the
average
3.6regular rate of pay received by the employee during the last three years of the employee's
3.7employment in the same classification, or the final regular rate of pay received by
the
3.8employee. Back pay shall apply to the period commencing on the date of the discharge
or
3.9refusal to retain by the successor health care entity and ending on the effective
date of any
3.10offer or reinstatement of the employee;
3.11(2) damages equal to the value of any benefits the successor health care entity would
3.12have been obligated to provide to the employee;
3.13(3) compensatory damages for any other direct and foreseeable pecuniary losses resulting
3.14from the violation; and
3.15(4) the employee's reasonable attorney fees and costs.
3.16 Subd. 4. Exception; assume existing collective bargaining agreement. The
3.17requirements of this section shall not apply to any successor health care entity who,
on or
3.18before the change in control, agrees to assume or to be bound by an existing collective
3.19bargaining agreement or agreements of the predecessor health care entity. Nothing
in this
3.20section shall be interpreted to diminish any health care entity's obligation to comply
with
3.21or otherwise affect the applicability or enforceability of any terms of any collective
bargaining
3.22agreement."
3.23Renumber the articles in sequence and correct the internal references
3.24Amend the title accordingly
3.25The motion prevailed. #did not prevail. So the amendment was #not adopted.