Bill Text: MN SF1468 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Foreign workers exclusion for employment definition
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2013-03-20 - Referred to Jobs, Agriculture and Rural Development [SF1468 Detail]
Download: Minnesota-2013-SF1468-Introduced.html
1.2relating to labor standards; modifying the definition of employment;amending
1.3Minnesota Statutes 2012, section 177.23, subdivision 7.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 177.23, subdivision 7, is amended to read:
1.6 Subd. 7. Employee. "Employee" means any individual employed by an employer
1.7but does not include:
1.8(1) two or fewer specified individuals employed at any given time in agriculture on a
1.9farming unit or operation who are paid a salary;
1.10(2) any individual employed in agriculture on a farming unit or operation who is
1.11paid a salary greater than the individual would be paid if the individual worked 48 hours at
1.12the state minimum wage plus 17 hours at 1-1/2 times the state minimum wage per week;
1.13(3) an individual under 18 who is employed in agriculture on a farm to perform
1.14services other than corn detasseling or hand field work when one or both of that minor
1.15hand field worker's parents or physical custodians are also hand field workers;
1.16(4) for purposes of section177.24 , an individual under 18 who is employed as a
1.17corn detasseler;
1.18(5) any staff member employed on a seasonal basis by an organization for work in an
1.19organized resident or day camp operating under a permit issued under section144.72 ;
1.20(6) any individual employed in a bona fide executive, administrative, or professional
1.21capacity, or a salesperson who conducts no more than 20 percent of sales on the premises
1.22of the employer;
1.23(7) any individual who renders service gratuitously for a nonprofit organization;
2.1(8) any individual who serves as an elected official for a political subdivision or who
2.2serves on any governmental board, commission, committee or other similar body, or who
2.3renders service gratuitously for a political subdivision;
2.4(9) any individual employed by a political subdivision to provide police or fire
2.5protection services or employed by an entity whose principal purpose is to provide police
2.6or fire protection services to a political subdivision;
2.7(10) any individual employed by a political subdivision who is ineligible for
2.8membership in the Public Employees Retirement Association under section353.01,
2.9subdivision 2b , clause (1), (2), (4), or (9);
2.10(11) any driver employed by an employer engaged in the business of operating
2.11taxicabs;
2.12(12) any individual engaged in babysitting as a sole practitioner;
2.13(13) for the purpose of section177.25 , any individual employed on a seasonal basis
2.14in a carnival, circus, fair, or ski facility;
2.15(14) any individual under 18 working less than 20 hours per workweek for a
2.16municipality as part of a recreational program;
2.17(15) any individual employed by the state as a natural resource manager 1, 2, or
2.183 (conservation officer);
2.19(16) any individual in a position for which the United States Department of
2.20Transportation has power to establish qualifications and maximum hours of service under
2.21United States Code, title 49, section 31502;
2.22(17) any individual employed as a seafarer. The term "seafarer" means a master
2.23of a vessel or any person subject to the authority, direction, and control of the master
2.24who is exempt from federal overtime standards under United States Code, title 29,
2.25section 213(b)(6), including but not limited to pilots, sailors, engineers, radio operators,
2.26firefighters, security guards, pursers, surgeons, cooks, and stewards;
2.27(18) any individual employed by a county in a single-family residence owned by a
2.28county home school as authorized under section260B.060 if the residence is an extension
2.29facility of that county home school, and if the individual as part of the employment duties
2.30resides at the residence for the purpose of supervising children as defined by section
2.31260C.007, subdivision 4
; or
2.32(19) nuns, monks, priests, lay brothers, lay sisters, ministers, deacons, and other
2.33members of religious orders who serve pursuant to their religious obligations in schools,
2.34hospitals, and other nonprofit institutions operated by the church or religious order; or
2.35(20) foreign workers participating in the United States Department of Labor H-2A
2.36Temporary Agriculture Guest Worker Program under United States Code, title 8, sections
3.11101, 1184, and 1188, who meet all requirements under United States Code, title 29,
3.2section 201, et seq., as amended, and United States Code, title 29, section 1801, et seq., as
3.3amended.
3.4EFFECTIVE DATE.This section is effective the day following final enactment.
1.3Minnesota Statutes 2012, section 177.23, subdivision 7.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 177.23, subdivision 7, is amended to read:
1.6 Subd. 7. Employee. "Employee" means any individual employed by an employer
1.7but does not include:
1.8(1) two or fewer specified individuals employed at any given time in agriculture on a
1.9farming unit or operation who are paid a salary;
1.10(2) any individual employed in agriculture on a farming unit or operation who is
1.11paid a salary greater than the individual would be paid if the individual worked 48 hours at
1.12the state minimum wage plus 17 hours at 1-1/2 times the state minimum wage per week;
1.13(3) an individual under 18 who is employed in agriculture on a farm to perform
1.14services other than corn detasseling or hand field work when one or both of that minor
1.15hand field worker's parents or physical custodians are also hand field workers;
1.16(4) for purposes of section
1.17corn detasseler;
1.18(5) any staff member employed on a seasonal basis by an organization for work in an
1.19organized resident or day camp operating under a permit issued under section
1.20(6) any individual employed in a bona fide executive, administrative, or professional
1.21capacity, or a salesperson who conducts no more than 20 percent of sales on the premises
1.22of the employer;
1.23(7) any individual who renders service gratuitously for a nonprofit organization;
2.1(8) any individual who serves as an elected official for a political subdivision or who
2.2serves on any governmental board, commission, committee or other similar body, or who
2.3renders service gratuitously for a political subdivision;
2.4(9) any individual employed by a political subdivision to provide police or fire
2.5protection services or employed by an entity whose principal purpose is to provide police
2.6or fire protection services to a political subdivision;
2.7(10) any individual employed by a political subdivision who is ineligible for
2.8membership in the Public Employees Retirement Association under section
2.9subdivision 2b
2.10(11) any driver employed by an employer engaged in the business of operating
2.11taxicabs;
2.12(12) any individual engaged in babysitting as a sole practitioner;
2.13(13) for the purpose of section
2.14in a carnival, circus, fair, or ski facility;
2.15(14) any individual under 18 working less than 20 hours per workweek for a
2.16municipality as part of a recreational program;
2.17(15) any individual employed by the state as a natural resource manager 1, 2, or
2.183 (conservation officer);
2.19(16) any individual in a position for which the United States Department of
2.20Transportation has power to establish qualifications and maximum hours of service under
2.21United States Code, title 49, section 31502;
2.22(17) any individual employed as a seafarer. The term "seafarer" means a master
2.23of a vessel or any person subject to the authority, direction, and control of the master
2.24who is exempt from federal overtime standards under United States Code, title 29,
2.25section 213(b)(6), including but not limited to pilots, sailors, engineers, radio operators,
2.26firefighters, security guards, pursers, surgeons, cooks, and stewards;
2.27(18) any individual employed by a county in a single-family residence owned by a
2.28county home school as authorized under section
2.29facility of that county home school, and if the individual as part of the employment duties
2.30resides at the residence for the purpose of supervising children as defined by section
2.32(19) nuns, monks, priests, lay brothers, lay sisters, ministers, deacons, and other
2.33members of religious orders who serve pursuant to their religious obligations in schools,
2.34hospitals, and other nonprofit institutions operated by the church or religious order; or
2.35(20) foreign workers participating in the United States Department of Labor H-2A
2.36Temporary Agriculture Guest Worker Program under United States Code, title 8, sections
3.11101, 1184, and 1188, who meet all requirements under United States Code, title 29,
3.2section 201, et seq., as amended, and United States Code, title 29, section 1801, et seq., as
3.3amended.
3.4EFFECTIVE DATE.This section is effective the day following final enactment.
