New Minnesota Employer Laws for 2019 | Attorney Aaron Hall
Minneapolis Business Attorney Aaron Hall, Minnesota

New Minnesota Employer Laws for 2019

Table of Contents

Guidance for Employers on Minnesota’s New Wage Theft Law

The Minnesota Legislature passed and the governor has signed a new Minnesota Wage Theft Law. The new law amends existing state labor laws and provides for new wage and hour requirements, protections and sanctions. This guidance highlights provisions of the new law that will require employers to review their current policies and practices and take necessary steps to bring those policies and practices into compliance with the requirements of the new law’s provisions.

All provisions of the new law go into effect July 1, 2019, except for the provisions of the new law that amend Minnesota Statutes § 609.52 (criminal wage theft and sanctions). The provisions of the new law providing for criminal wage theft and sanctions go into effect Aug. 1, 2019.

A full summary of the new Wage Theft Law is online at www.dli.mn.gov/sites/default/files/pdf/wage_theft_law_summary.pdf.

Questions and answers about the new Wage Theft Law are online at www.dli.mn.gov/business/employmentpractices/wage-theft-qa.

The complete text of the new law is online at www.revisor.mn.gov/laws/2019/1/Session+Law/Chapter/7/.

New responsibilities for employers

Additional information employers are required to provide to employees when they start work (amendments to Minn. Stat. § 181.032)

Providing written notice to employees about their employment status and terms of employment, including wages, hours and benefits, is not only a good business practice, it is also required by Minnesota law.

The new Wage Theft Law requires all employers to provide each employee with a written notice at the start of their employment. The notice must contain the following specific information about an employee’s employment status and terms of employment (New)

Below is the specific information employers must provide in the notice to employees when they start employment.

• Employee’s employment status and whether an employee is exempt from minimum wage, overtime and other state wage and hour laws, and on what basis (New).
• Number of days in the employee’s pay period and the regularly scheduled payday (New).
• Date the employee will receive the first payment of wages earned (New).
• Employee’s rate or rates of pay and the basis thereof, including whether the employee is paid by the hour, shift, day, week, salary, piece, commission or other method and the specific application of any additional rates (New).
• Allowances, if any, that may be claimed for permitted meals and lodging (New).
• Provision of paid vacation, sick time or other paid time off (PTO), how the paid time off will accrue and terms for its use (New).
• A list of deductions that may be made from the employee’s pay (New).
• Employer’s legal name and the operating name, if different (New).
• Physical address of employer’s main office or principal place of business and a mailing address, if different(New).
• Employer’s telephone number (New).

Employers are required to keep a copy of the notice signed by each employee (New). All employers must provide the notice to employees in English. The notice must include a statement, in multiple languages, that informs employees they may request the notice be provided to them in another language (New). The employer must provide the notice in another language if requested by the employee (New). The Department of Labor and Industry (DLI) is preparing and will make available to employers the statement in multiple languages that must be included with the notice. Employers are also required to provide employees in writing any changes to the information in the notice before the date the changes take effect (New).

An employee notice example is online at www.dli.mn.gov/sites/default/files/doc/employee_notice_form.docx. Employers may use the example notice or create their own.

Additional information employers are required to provide employees on earnings statements (amendments to Minn. Stat. § 181.032)

Earnings statements (or paystubs) are important payroll records for employers and employees that document information about wages paid, hours worked, deductions made and benefits accrued by an employee. Existing state law requires earning statements be provided to employees in writing or by electronic means at the end of each pay period and specific information be included on the earnings statement. The new law requires the following additional information be included on the earnings statements provided to employees each pay period:

• Name of the employee.
• Total hours worked by the employee in the pay period.
• Employee’s rate or rates of pay and basis thereof, including whether the employee is paid by the hour,shift, day, week, salary, piece, commission or other method (New).
• Allowances claimed for permitted meals and lodging (New).
• Total amount of gross pay earned by employee in the pay period.
• Net amount of pay after all deductions are made.
• List of deductions made from the employee’s pay.
• Date pay period ended.
• Employer’s legal and operating name.
• Employer’s telephone contact (New).
• Physical address of employer’s main office or principal place of business and a mailing address, if different(New).

Additional records employers are required to maintain (amendments to Minn. Stat.§ 177.30)

Under existing law, employers are required to keep various records for three years. It is in the employer’s interest to maintain complete and accurate records that can be used to demonstrate an employer’s compliance with state wage and hour laws. The new law requires the following additional records be kept by an employer:

• Each employee’s name, address and occupation.
• Each employee’s rate of pay and the amount paid each pay period.
• Each employee’s hours worked each day and each workweek, including, for all employees paid at a piece rate, the number of pieces completed at each piece rate (New).
• A list of personnel policies with brief descriptions of each policy that were provided to each employee, including the date the policies were given to the employee (New).
• A copy of the new notice that is required to be provided to and signed by each employee at the start of employment and a copy of any written changes to the notice that were provided to each employee (New).
• For each employer subject to Minn. Stat. §§ 177.41 to 177.44 (Minnesota Prevailing Wage Act), and while performing work on public works projects funded in whole or in part with state funds, the employer shall furnish under oath signed by an owner or officer of an employer to the contracting authority and the project owner every two weeks, a certified payroll report with respect to the wages and benefits paid each employee during the preceding weeks specifying for each employee: name; identifying number; prevailing wage master job classification; hours worked each day; total hours; rate of pay; gross amount earned; each deduction for taxes; total deductions; net pay for week; dollars contributed per hour for each benefit, including name and address of administrator; benefit account number; and telephone number for health and welfare, vacation or holiday, apprenticeship training, pension and other benefit programs.
• Other information the commissioner finds necessary and appropriate to enforce Minn. Stat. §§ 177.21 to 177.435.

These and other records that are required to be kept by an employer must be available for inspection by the commissioner upon demand. The records must be either kept at the place where employees are working or kept in a manner that allows the employer to comply with the commissioner’s demand within 72 hours(New).

If records maintained by the employer do not provide sufficient information to determine the exact amount of back wages due, the commissioner may make a determination of wages due based on available evidence (New).

Clarifications and requirements for what wages and commissions an employer must pay and when employers must pay wages and commissions to employees (amendments to Minn. Stat. § 181.101)

Employers must pay all wages, including salary, earnings and gratuities (New) earned by an employee at least once every 31 days and all commissions earned by an employee at least once every three months (New) on a regular payday.

The new Wage Theft Law further clarifies that Minn. Stat. § 181.101 provides a substantive right to the payment of commissions and wages, at the employee’s rate or rates of pay or the rate or rates required by law, whichever is greater, as well as the right to be paid wages and commissions earned on a regular payday(New).

New: Employers must not retaliate against employees for asserting rights or remedies under Minnesota’s wage and hour laws (amendments to Minn. Stat. § 181.03)

An employer is prohibited from retaliating against an employee for asserting rights or remedies under the Minnesota Fair Labor Standards Act, the Minnesota Prevailing Wage Act and certain provisions of Minn. Stat.,Chapter 181, Payment of Wages Act, including filing a complaint with DLI or telling the employer of the employee’s intention to file a complaint. In addition to any other remedies provided by law, an employer that violates this subdivision is liable for a civil penalty of $700 to $3,000 for each violation.

Requirements for employers under the Responsible Contractor Law (amendments to Minn. Stat. § 16C.285)

The “responsible contractor” requirements have been amended to include Minn. Stat. §§ 181.03 (prohibited wage practices and retaliation), 181.101 (payment of wages) and 609.52, subd. 2 (19)(criminal wage theft)(New), in the list of laws that contractors must verify they are in compliance with and have not violated during the past three years, to be considered eligible to bid on public contracts.

New enforcement authority and penalties

New: DLI has additional enforcement and penalty authority for violations of the law (amendments to Minn. Stat. §§ 175.20, 177.27, 177.30 and 181.101)

The application of remedies under existing law was clarified and penalty amounts were increased for repeated violations of the recordkeeping laws. The commissioner’s enforcement authority was also clarified and expanded.

Commissioner enforcement authority

• Enter and inspect places of employment without unreasonable delay to carry out purposes of Minn. Stat., Chapters 177, 181, 181A and 184.
• Apply for an inspection order in district court in the county where the place of employment is located to require employer to permit entry of the commissioner or an authorized representative if the entry has been denied.
• Interview non-management employees in private regarding an investigation.

Clarification of application of remedies and increase in penalties for repeated violations

• For the failure to pay wages or commissions as required under Minn. Stat. § 181.101, the new law clarifies the commissioner may order the employer to:

1. Pay wages or commissions owed to an employee.
2. Pay an amount equal to the wages or commissions owed as liquidated damages.
3. Pay compensatory damages incurred by an employee.
4. Cease and desist in the violative practice.
5. Pay a civil penalty for repeated or willful violations.

The commissioner may also now order an employer to pay a penalty equal to either the employee’s average daily wages earned or an amount equal to 1/15 of the commissions earned for each day payment is not made in accordance with the commissioner’s order.

• Penalize an employer up to $5,000 for each repeated failure to submit or deliver records to the commissioner as required by law.
• Penalize an employer up to $5,000 for each repeated failure to keep and maintain records as required by law.

New: Commissioner required to share enforcement action information (amendments to Minn. Stat. § 177.27)

DLI, its commissioner or its authorized representative shall provide a copy of an order to comply issued to an employer and the disposition of the order or the data set out in the order to comply and its disposition to the following entities:

  • A licensing or regulatory authority of one or more state agencies or agencies of political subdivision to which the employer is subject.
  • A public contracting authority with which the employer is party to a public contract.
  • The employees whose interests are affected by the order.

New: Attorney General enforcement authority (new Minn. Stat. §§ 177.45 and 181.1721)

The Minnesota Attorney General’s Office, in addition to the Department of Labor and Industry, has the authority to enforce Minn. Stat., Chapters 177 (Minnesota Fair Labor Standards Act and Prevailing Wage Act) and 181 (Payment of Wages) under Minn. Stat. § 8.31.

Misdemeanor violations (amendments to Minn. Stat. § 177.32)

Under existing law, an employer found to have hindered or delayed the commissioner in the performance of duties required under the Minnesota Fair Labor Standards Act or the Prevailing Wage Act was guilty of a misdemeanor. The new Wage Theft Law adds that any employer hindering or delaying the commissioner in the performance of duties required under Minn. Stat. §§ 181.01 to 181.723 or 181.79 is also guilty of a misdemeanor (New).

New: Crime of “wage theft” and criminal sanctions for committing “wage theft” (amendments to Minn. Stat. § 609.52)

The crime of “wage theft” occurs when an employer, with intent to defraud:

• Fails to pay an employee all wages, salary, gratuities, earnings or commissions at the employee’s rate or rates of pay or at the rate or rates required by law, whichever is greater.
• Directly or indirectly causes any employee to give a receipt for wages for a greater amount than that actually paid to the employee for services rendered.
• Directly or indirectly demands or receives from any employee any rebate or refund from the wages owed the employee under contract of employment with the employer.
• Makes or attempts to make it appear in any manner the wages paid to any employee were greater than the amount actually paid to the employee.

“Employer” is defined as “any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee.”

“Employee” is defined as “any individual employed by an employer.”

“Wage theft” has been added to the criminal definition of theft under Minn. Stat. § 609.52, subd. 2(19), and sanctions for committing wage theft are as follows:

• Imprisonment for not more than 20 years, payment of a fine of not more than $100,000 or both if the value of the wages stolen is more than $35,000.
• Imprisonment for not more than 10 years, payment of a fine of not more than $20,000 or both if the value of the wages stolen exceeds $5,000.
• Imprisonment for not more than five years, payment of a fine of not more than $10,000 or both if the value of wages stolen is more than $1,000 but not more than $5,000.
• Imprisonment for not more than one year, payment of a fine of not more than $3,000 or both if the value of the property or services stolen is more than $500 but not more than $1,000.

When determining the value of the wages stolen, the law allows for the amount of employee wages that were stolen through wage theft to be aggregated within any six-month period.

Summary of Minnesota’s New Wage Theft Law

The Minnesota Legislature passed and the governor signed a new Minnesota Wage Theft Law. The new law amends existing state labor laws and provides for new wage and hour requirements, protections and sanctions. All provisions summarized below, except for those amending Minnesota Statutes § 609.52 (criminal wage theft and sanctions), go into effect July 1, 2019. The provisions providing for criminal wage theft and sanctions go into effect Aug. 1, 2019.

The complete text of the new law is online at www.revisor.mn.gov/laws/2019/1/Session+Law/Chapter/7/.

The following is a summary of the new Wage Theft Law that amends provisions of Minnesota Statutes, Chapters 175, 177, 181, 16C and 609.

Payment of Wages (Amendments to Minn. Stat. § 181.101)

The new law clarifies the law provides a substantive right to the payment of commissions and wages at the employee’s rate or rates of pay or the rate or rates required by law, whichever is greater, in addition to the right to be paid wages or commissions earned at specific intervals on a regular payday.

• Makes clear the term “wages” includes “salary, earnings and gratuities.”
• Provides that all commissions earned must be paid at least once every three months on a regular payday.

Notice to Workers at the Start of Employment (Amendments to Minn. Stat. § 181.032)

The new law requires all employers to provide each employee with a written notice at the start of their employment. The notice must contain the following specific information, which is in addition to the information required to be provided to workers under existing law:

• The employee’s rate or rates of pay and basis thereof, including whether the employee is paid by the hour, shift, day, week, salary, piece, commission or other method, and the specific application of any additional rates.
• Allowances, if any, that may be claimed for permitted meals and lodging.
• Provision of paid vacation, sick time or other paid time-off, how the paid time-off will accrue and terms for its use.
• The employee’s employment status and whether the employee is exempt from the minimum wage,
overtime and other provisions of Minn. Stat., Chapter 177, and on what basis.
• A list of deductions that may be made from the employee’s pay.
• The number of days in the pay period, the regularly scheduled payday and the payday on which the employee will receive the first payment of wages earned.
• The legal name of the employer and the operating name, if different.
• The physical address of the employer’s main office or principal place of business and a mailing address, if different.
• The telephone number of the employer.

Employers are required to keep a copy of the signed notice for each employee. All employers must provide the notice in English, with text that informs employees they may request the notice be provided to them in another language. The Department of Labor and Industry (DLI) will provide, in multiple languages, the text that must be included with the notice. If an employee requests the notice in another language, the employer must provide it. Employers are also required to provide employees in writing any changes to the information in the notice before the date the changes take effect.

Earnings Statement Requirements (Amendments to Minn. Stat. § 181.032)

In addition to the notice an employee must receive and sign at the start of employment, the new law adds the following requirements to the specific information that must be included on the earnings statements provided to employees each pay period:

• The employee’s rate or rates of pay and basis thereof, including whether the employee is paid by hour, shift,day, week, salary, piece, commission or other method.
• Allowances, if any, claimed pursuant to permitted meals and lodging.
• The physical address of the employer’s main office or principal place of business, and a mailing address, if different.
• The telephone number of the employer

Employer Recordkeeping Requirements (Amendments to Minn. Stat. § 177.30)

Under existing law, employers are required to keep various records for three years. The new law requires the following additional records be kept:

• Hours worked for employees paid at piece rate and the number of pieces completed at each piece rate.
• A list of the personnel policies provided to the employee, including the date the policies were given to the employee and a brief description of the policies.
• A copy of the notice that is required to be provided to and signed by each employee at the start of employment and a copy of any written changes to the notice that were subsequently provided to employees.

These and other records that are required to be kept by an employer must be available for inspection by the commissioner upon demand. The records must be either kept at the place where employees are working or kept in a manner that allows the employer to comply with the commissioner’s demand within 72 hours.

If records maintained by the employer do not provide sufficient information to determine the exact amount of back wages due, the commissioner may make a determination of wages due based on available evidence.

Retaliation is prohibited and carries a civil penalty in addition to other remedies (amendments to Minn. Stat. § 181.03)

An employer is prohibited from retaliating against an employee for asserting rights or remedies under the Minnesota Fair Labor Standards Act, the Minnesota Prevailing Wage Act and certain provisions of Minn. Stat.,Chapter 181, Payment of Wages Act, including filing a complaint with DLI or telling the employer of the employee’s intention to file a complaint. In addition to any other remedies provided by law, an employer that violates this subdivision is liable for a civil penalty of $700 to $3,000 for each violation.

Responsible contractor minimum criteria (amendments to Minn. Stat.§ 16C.285)

The “responsible contractor” requirements have been amended to include Minn. Stat. §§ 181.03 (prohibited wage practices and retaliation), 181.101 (payment of wages) and 609.52, subd. 2 (19) (criminal wage theft), in the list of laws contractors must verify they are in compliance with and have not violated during the past three years to be considered eligible to bid on public contracts.

DLI enforcement authority and penalties for violations (amendments to Minn. Stat. §§ 175.20, 177.27, 177.30 and 181.101)

The application of remedies under existing law was clarified and penalty amounts were increased for repeated violations. The commissioner’s enforcement authority was also clarified and expanded.

Commissioner enforcement authority

• Enter and inspect places of employment without unreasonable delay to carry out purposes of Minn. Stat., Chapters 177, 181, 181A and 184.

• Apply for an inspection order in district court in the county where the place of employment is located to require employer to permit entry of the commissioner or an authorized representative if the entry has been denied.

• Interview non-management employees in private regarding an investigation.

Clarification of remedies application, increase in penalties for repeated violations.

• For the failure to pay wages or commissions as required under Minn. Stat. § 181.101, the new law clarifies
the commissioner may order the employer to:

  •  Pay wages or commissions owed to an employee.
  • Pay an amount equal to the wages or commissions owed as liquidated damages.
  • Pay compensatory damages incurred by an employee.
  • Cease and desist in the violative practice.
  • Pay a civil penalty for repeated or willful violations.

The commissioner may also now order an employer to pay a penalty equal to either the employee’s average daily wages earned or an amount equal to 1/15 of the commissions earned for each day payment is not made in accordance with the commissioner’s order.

• Penalize an employer up to $5,000 for each repeated failure to submit or deliver records to the commissioner as required by law.
• Penalize an employer up to $5,000 for each repeated failure to keep and maintain records as required by law.

Commissioner required to share enforcement action information (amendments to Minn. Stat. § 177.27)

DLI, its commissioner or its authorized representative shall provide a copy of an order to comply issued to an employer and the disposition of the order or the data set out in the order to comply and its disposition to the following entities:

• A licensing or regulatory authority of one or more state agencies or agencies of political subdivision to which
the employer is subject.
• A public contracting authority with which the employer is party to a public contract.
• The employees whose interests are affected by the order.

Attorney general enforcement authority (new Minn. Stat. §§ 177.45 and 181.1721)

The Minnesota Attorney General’s Office, in addition to the Department of Labor and Industry, has the authority
to enforce Minn. Stat., Chapters 177 (Minnesota Fair Labor Standards Act and Prevailing Wage Act) and 181 (Payment of Wages Act) under Minn. Stat. § 8.31.

Misdemeanor violations (amendment to Minn. Stat. § 177.32)

Under existing law, an employer found to have hindered or delayed the commissioner in the performance of duties required under the Minnesota Fair Labor Standards Act or the Prevailing Wage Act was guilty of a misdemeanor. The new Wage Theft Law adds that any employer hindering or delaying the commissioner in the performance of duties required under Minn. Stat. §§ 181.01 to 181.723 or 181.79 is also guilty of a misdemeanor.

Crime of “wage theft” and criminal sanctions for committing “wage theft” (amendments to Minn. Stat. § 609.52)

The crime of “wage theft” occurs when an employer, with intent to defraud:

• Fails to pay an employee all wages, salary, gratuities, earnings or commissions at the employee’s rate or rates of pay or at the rate or rates required by law, whichever is greater.
• Directly or indirectly causes any employee to give a receipt for wages for a greater amount than that actually paid to the employee for services rendered.
• Directly or indirectly demands or receives from any employee any rebate or refund from the wages owed the employee under contract of employment with the employer.
• Makes or attempts to make it appear in any manner that the wages paid to any employee were greater than the amount actually paid to the employee.

“Employer” is defined as “any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee.”

“Employee” is defined as “any individual employed by an employer.”

“Wage theft” has been added to the criminal definition of theft under Minn. Stat. § 609.52, subd. 2(19), and
sanctions for committing wage theft are:

• Imprisonment for not more than 20 years, payment of a fine of not more than $100,000 or both if the value of the wages stolen is more than $35,000.
• Imprisonment for not more than 10 years, payment of a fine of not more than $20,000 or both if the value of the wages stolen exceeds $5,000.
• Imprisonment for not more than five years, payment of a fine of not more than $10,000 or both if the value of wages stolen is more than $1,000 but not more than $5,000.
• Imprisonment for not more than one year, payment of a fine of not more than $3,000 or both if the value of the property or services stolen is more than $500 but not more than $1,000.

When determining the value of the wages stolen, the law allows for the amount of employee wages that were stolen through wage theft to be aggregated within any six-month period.

Minnesota Wage Theft Law Q&A

1. Will the Department of Labor and Industry (DLI) have a grace period for employers to come into compliance if they are not able to reprogram their systems in time for the July 1, 2019, effective date?

The department’s primary focus for the next few months will be on providing employers with the information and assistance they need to understand and implement the requirements of the new law.

2. Does an employer need to include on an earnings statement whether an employee is “exempt” or “non-exempt”?

The new Wage Theft Prevention Act does not require an employer to state on the earnings statement that an employee is “exempt” or “non-exempt.” Employers are required to include on the earnings statement an employee’s “rate or rates of pay and the basis thereof, including whether the employee is paid by the hour, shift, day, week, salary, piece, commission or other method.” Employers are required to include on the written notice provided to an employee the employee’s employment status and whether the employee is exempt from minimum wage, overtime and other provisions of Minnesota Statutes, Chapter 177, and on what basis.

3. What does “on what basis” mean in Minn. Stat. 181.032(d)(4)?

“On what basis” means the employer must include in the written notice provided to an employee the legal basis for the exemption from minimum wage, overtime and other provisions of Minn. Stat., Chapter 177.

4. Does the employer meet the notice requirement if the employee signs the employee handbook, collective bargaining agreement or other document that includes the information required for the written notice or does the notice have to be on a separate form?

The written notice does not need to be provided by the employer in a specific format or on a specific form. However, the written notice does need to include all of the information required under the law that is specific to each employee. Collective bargaining agreements and employee handbooks may not have the level of specificity required by the notice law. For example, the specific rate or rates of pay for an employee. In addition, the written notice must include the text prepared by DLI that informs the employee they may request, by indicating on the form, the written notice be provided in a particular language. (If requested, the employer must provide the specific information required to be included in the written notice in the language requested by the employee.) DLI’s employee notice example form, which – if completed correctly – could be used by employers to meet the requirements of the new notice law.

5. Does the employer need to provide changes to the notice in the language requested by the employee?

Yes, all changes to the information required to be included in the written notice should be provided in English and in the language requested by the employee prior to the date the changes take effect.

6. Is a company based in Minnesota required to comply with the new Wage Theft Prevention Act for employees working outside of Minnesota?

Employment covered by the wage and hour provisions of Minn. Stat., Chapter 181 or 177, would be covered by the new Wage Theft Prevention Act.

7. Does the complete written notice need to be given again any time there is a change to specific information included in the notice?

If a written notice has been provided to an employee, then only the changes to the information in the written notice would need to be provided to the employee in writing prior to the changes taking effect. The written changes must be provided in English as well the language requested by the employee, if any. If the employee has not requested that the written notice be provided in a language in addition to English, then the changes to the information in the written notice need only be provided in English. Employers are not required to have employees sign changes to the information in the written notice but it would be a good practice to do so.

8. Are employers required to provide employees who were already in an employment relationship July 1, 2019, with the written notice the wage theft law requires to be provided at the start of employment?

Providing a written notice to employees that clearly states their employment status and terms of employment, including wages, hours and benefits, is a good business practice. DLI strongly encourages employers to provide the written notice that includes the information required under the new law to all employees.

The new law requires employers to provide a written notice to employees at the start of their employment that includes the information set out in the new law. It further requires employers to provide employees in writing any changes to the information required to be provided in the written notice, prior to the date the changes take effect.

DLI recognizes the notice requirements of the new law have been understood by some to simply require employers provide to employees, who they already employed at the time the new law took effect, written notice of changes to the information whether or not they had received the complete initial notice.

However, DLI believes to effectively provide notice that information is being changed, to employees who have not received the initial notice, the initial notice – including the changes – be provided to employees. The department believes this is a prudent course for employers to follow to be confident they are fully meeting the notice requirements of the new law and, importantly, the associated language requirement.

9. Are employers required to provide a new notice to employees each time their rate of pay changes?

Changes to the employee’s rate of pay would be a change to the information required to be provided to employees in the written notice. See also answers 7 and 8 above.

10. Should management employees be given the written notice required by the new Wage Theft Prevention Act or would they be excluded under the executive/professional/administrative employee designation? Who is covered by these requirements, which types of “employees?”

The new Wage Theft Prevention Act does not exclude any employees from the written notice requirement and requires that employers provide the written notice to all employees.

11. When would a new or revised written notice be required?

The new law requires employers to provide a written notice to employees at the start of their employment that includes the information set out in the new law. It further requires employers to provide employees in writing any changes to the information required to be provided in the written notice, prior to the date the changes take effect.

See also answers to questions 5, 7, 8 and 9.

12. Will the Department of Labor and Industry be issuing a template written notice for employers to use? If so, when will that be available?

Yes, DLI has prepared an example written employee notice. The example written employee notice includes required text in the 12 most common languages spoken in Minnesota, which informs employees that they may request, by indicating on the form, the written notice be provided in a particular language. This text in the 12 languages must be included with the written notice whether the employer uses the example written notice prepared by the department or uses a written notice it has prepared.

13. Do you have the written notice translated into other languages? If not, when will that be available?

DLI is in the process of translating the example written employee notice into the 12 most common languages spoken in Minnesota based on state demographic data. When translated, the example written notices will be available on the Wage Theft Legislation 2019 and Summaries webpage.

14. Can the written notice provided by the employer be given to employees electronically? Can the employee sign the notice electronically? If so, what level of electronic signature is required? Is it the standard under Minnesota Statutes § 325L?

Yes, employers may provide the written notice to employees electronically. The written notice must be provided in English as well as the language requested by the employee, if any. An electronic signature, as defined in Minn. Stat. § 325L.02, acknowledging receipt of the written notice satisfies the employee signature requirement. If the written notice is provided to employees electronically, the employer must provide a means by which the employee is able to secure a copy of the written notice, such as a printed paper copy or a downloaded copy on a personal computer, laptop, tablet or mobile device.

15. Is emailing the notice to an employee sufficient to meet the signature requirement?

No, the new Wage Theft Prevention Act requires the written notice be signed by an employee acknowledging receipt of the written notice.

16. What are the requirements for keeping “personnel policies provided to the employee, including date the policies were given to the employee and a brief description of the policies?”

This is a new recordkeeping requirement for employers. It requires employers to keep a list of the personnel policies provided to an employee, including the date the policies were given to the employee and a brief description of the policies. This applies to all employees, not just new employees. Records must be kept by an employer for at least three years.

17. For the responsible contractor requirements, is the three-year look-back retroactive prior to this new law or just for violations found on or after July 1, 2019?

At the time a contractor is required to verify its compliance under Minn. Stat. § 16C.285, a contractor is required to verify it has not violated any of the sections listed in Minn. Stat. § 16C.285, subd. 3 (2). When the amendments to Minn. Stat. § 16C.285, subd. 3 (2) went into effect July 1, 2019, contractors became required to verify they have not violated the newly added sections (Minn. Stat. §§ 181.03 and 181.101), in addition to the sections previously listed in the law, during the three-year period before submitting the verification.

18. What should an employer list for the “number of days in the pay period” on the written notice if the number of days varies? For example, if the employer pay periods are the first through the 15th and the 15th through the end of the month?

The employer should indicate the number of days in the pay period varies from 13 to 16 depending on the month and the regularly scheduled paydays are the 15th and last day of each month.

19. What is meant by “allowances claimed pursuant to permitted meals and lodging?” Does this include expense reimbursements to employees for meals and lodging?

No, this is not a reference to expense reimbursements. The allowances, for purposes of the statement of earnings and written notice, are required if an employer is crediting a meal or lodging allowance toward the wages owed an employee pursuant to Minnesota Rules 5200.0060 or 5200.0070.

20. Regarding sharing of information to employees and licensing agencies: When is this applicable? What are some typical situations under which an “order to comply” would be issued?

DLI issues orders to comply when an employer is found to have violated one or more of the laws under DLI’s enforcement authority. These laws include: minimum wage; overtime; recordkeeping; prevailing wage; failure to pay wages, salaries, commissions or gratuities; deductions from wages; tip sharing; nursing mothers; leave and accommodations; and child labor.

21. What is meant by “employment status” in the context of the written employee notice?

In the written employee notice, an employer is required to state an employee’s employment status. To meet this requirement, an employer must state whether an employee is covered by (non-exempt) or not covered by (exempt) minimum wage, overtime and/or other provisions of Minnesota Statutes Chapter 177 and on what basis they are covered (non-exempt) or not covered (exempt) by one or more of those provisions.

See also answers to questions 2 and 3.

22. Can the employer’s contact information be included on the second page of an employee’s check stub? This second page is called a continuation form and is used by some payroll companies.

Yes, provided the second page containing the employer’s physical address, mailing address and telephone number, as required by the new Wage Theft Prevention Act, is always provided as part of the statement of earnings at the end of each pay period.

23. Regarding “intent to defraud” in the criminal wage theft provision: Is there any definition or something similar that explains what this means in a practical or plain-language sense? Are there any examples?

The Department of Labor and Industry is not the enforcement authority for the criminal provisions of the new Wage Theft Prevention Act. The new criminal wage theft provisions would be investigated by law enforcement agencies with criminal law enforcement authority and prosecuted by city attorneys, county attorneys or the state attorney general’s office when requested by a county attorney.

24. Who specifically in the company would be convicted of the felony under this new law?

The Department of Labor and Industry is not the enforcement authority for the criminal provisions of the new Wage Theft Prevention Act. The new criminal wage theft provisions would be investigated by law enforcement agencies with criminal law enforcement authority and prosecuted by city attorneys, county attorneys and the state attorney general’s office when requested by a county attorney.

25. What is the threshold of a new hire for purposes of the written notice requirement? Are seasonal employees included? If an employee works seasonally, are they a new hire when they return?

Employers are required to provide the written notice to all employees at the start of employment, which includes seasonal employees. If a seasonal employee’s employment ends and the employee is hired again at the beginning of the next season, the employee must receive the written notice at the start of employment for the next season.

26. Does the employer need to provide an employee with new pay information every time they increase an employee’s pay? If they haven’t given the employee new pay information (or if they have but haven’t received a signed copy from the employee) is the employer not allowed to increase the employee’s pay?

The employer must provide an employee in writing the change in the employee’s rate of pay each time the employee’s rate of pay changes, in English and the language requested by the employee, if any. The law states the employee needs to receive in writing a notice of the change prior to the change taking effect. There is no requirement that the employee sign the written notice of a change unless the change is included in the written notice provided to an employee who has not previously received a written notice. The written notice must comply with all the requirements of Minn. Stat. § 181.032(d) and (e).

See also answers to questions 5, 7, 8 and 9.

27. For the purposes of maintaining records and having them available for inspection, can the employer maintain the records electronically and provide DLI with a link to access them upon demand of inspection?

Employers may keep records electronically as long as they are readily available for inspection by DLI upon demand and DLI is able to secure copies of the records.

28. When employees request the written notice in a language other than English, what information needs to be provided in the requested language? What is the expected timeframe for this information to be translated and provided to the employees?

If an employee requests the written notice in a language other than English, the employer must provide the written notice, including all required information, to the employee in that language. The written notice example prepared by DLI has been translated into the 13 most commonly spoken languages in Minnesota and is available on the DLI webpage for use by employers. DLI will work to assist employers whose employees request the written notice be provided in a language other than the 13 languages already translated by DLI.

The law does not establish a time by which the written notice must be provided to an employee in the language requested by the employee. However, providing the written notice in the requested language should be accomplished as close as possible to the start of employment.

29. Can an employer provide links on the written notice template that point to policies, such as the policies around time-off plans or payroll schedules, instead of including that information on the employee notice?

Yes, employers may add links to the information required to be provided to the employee in the written notice. If an employee requests the written notice be provided in a language other than English, the linked information must be in the language requested by the employee.

See also answer to question 4.

30. What is considered the “start” of employment for purposes of providing the written notice to employees? Is this upon “hire”?

The “start” of employment is when the employee begins performing work for the employer. The written notice provision of the new law does not use the term “hire.” An employer may give the written notice before the start of employment.

31. In consideration of the broad definition of “employer” with respect to this law, will DLI consider professional employer organizations and payroll processors subject to the law’s requirements (especially the recordkeeping requirements)?

All employers are subject to the law’s requirement. Employers will be held responsible for compliance with the law’s requirements for each of their employees.

32. Is there someone at DLI who we can partner with or use as a resource to determine if any of our existing processes meet the requirements? Or, perhaps, tweak existing processes to be in compliance?

The resources provided on the DLI website, including these questions and answers, are intended to provide needed guidance to employers to allow them to assess their existing practices and bring them in to compliance with the new Wage Theft Prevention Act requirements. If an employer is seeking a legal review of its existing practices and legal advice about whether they meet the requirements of the new law, the employer may wish to consult with a private attorney experienced in labor and employment law in Minnesota.

33. What is the consequence to employers if employees receive changes to the employee written notice after the changes have gone into effect?

This will depend on the facts of the situation and the consequences for employees who were not provided the written notice before the changes went into effect. Employers who violate the employee notice and recordkeeping requirements may be issued a Commissioner Order to Comply that imposes remedies provided for in Minn. Stat. § 177.27 and civil recordkeeping penalties. Employees may also bring a private civil action seeking similar remedies and penalties.

34. The employee notice must include “a list of deductions that may be made from the employee’s pay.” How comprehensive does this information need to be? Does the exact dollar amount of the deductions need to be listed? Do the different types of health insurance plans and the subcategories (family, married, etc.) need to be broken down? What about child support or wage garnishments? Are the exact amounts of deductions required to be listed and, therefore, a new notice issued each week or pay period?

The written notice should identify all of the deductions that may be made by the employer from an employee’s pay. The amount of each deduction does not need to be indicated in the written notice. If the amount of the deduction is known, the employer may include the amount in the written notice. The example written employee notice prepared by DLI allows for the employer to fill in the amount for each deduction, allowing for that contingency. A list of deductions, including the amount of the deduction, is required in the statement of earnings that must be provided to the employee by the employer at the end of each pay period.

35. Is there a minimum business or employer size that needs to comply with the new laws?

No, all employers must comply with the new Wage Theft Prevention Act.

36. If there is a joint employer, should one or both be listed on the written notice?

All employers are subject to the law’s written employee notice requirements and employers, including joint employers, will be held responsible for compliance with the law’s requirements for each of their employees, including those employed jointly. The new Wage Theft Prevention Act requires specific information about an employee’s employer be provided on the written notice and the earnings statement. If two employers jointly employ an employee, each employer is responsible for providing a written notice to the employee that meets the requirements of the law. The law does not preclude joint employers from meeting this requirement by providing the employee with a joint written notice that provides the required information, including the required information about both employers.

37. If a company is based outside of Minnesota but has employees who occasionally work in the state (for up to a few months at a time) what are the employee notice requirements? For example, an employee is hired in August in Colorado and then works in Minnesota from October through December. Would a notice need to be issued while the person is in Minnesota or only if a notice term changes while the person is working in Minnesota?

Employment covered by the wage and hour provisions of Minn. Stat., Chapters 181 or 177, would be covered by the new Wage Theft Prevention Act. Application of the law would depend on the application of multiple factors and would be highly fact dependent.

38. Do the recordkeeping requirements only pertain to those considered employees under the Minnesota Fair Labor Standards Act (MFLSA) or to others as well?

No, under Minn. Stat. § 177.30, the recordkeeping requirements apply to all employers subject to MFLSA and the Minnesota Prevailing Wage Act. In addition, the recordkeeping requirement in Minn. Stat. § 181.032 applies to all employers and requires employers to keep a copy of the written notice provided to each employee and any written changes.

39. Do the policies required to be kept and briefly summarized include state and federal laws, like Minnesota parental leave, the U.S. Family and Medical Leave Act (FMLA), etc?

The employer must maintain a list of all personnel policies provided by the employer to the employee, with the date the policy was provided and a brief description of the policy.

40. If a language other than English is requested, what is the timeline or expectation to fulfill that request?

The law does not establish a time by which the written notice must be provided to an employee in the language requested by the employee. However, providing the written notice in the requested language should be accomplished as close as possible to the start of employment. The written notice example prepared by DLI has been translated into the 13 most commonly spoken languages in Minnesota and is available on the DLI webpage for use by employers. A list of reputable translation services for other language translation requests can be found on the English version of the example employee notice posted on the DLI website.

41. We are an employer in Iowa, but have a few employees in Minnesota. Are we required to follow Minnesota’s new Wage Theft Prevention Act for these employees? What is the statute citation that addresses this?

Employment covered by the wage and hour provisions of Minn. Stat., Chapters 181 or 177, would be covered by the new Wage Theft Prevention Act. Application of the law would depend on the application of multiple factors and would be highly fact dependent.

42. What is the penalty for not having the translated language on the written notice?

This will depend on the facts of the situation and the consequences for employees. Pursuant to Minn. Stat. § 177.27, subd. 4 and 7, the commissioner may issue an order requiring an employer to comply with the written notice requirements in Minn. Stat. § 181.032, including the requirement that the notice be translated into a requested language. The order may impose the appropriate remedies and penalties included in Minn. Stat. § 177.27, subd. 7. In addition, the commissioner may issue civil penalties to an employer pursuant to Minn. Stat. § 177.30 for failure to maintain records, including the notice provided to each employee as required by Minn. Stat. § 181.032, paragraph (d). This penalty may be up to $1,000 for each violation and up to $5,000 for each repeated failure to comply with the law’s requirements. Lastly, the employer may be charged with a misdemeanor under Minn. Stat. § 177.32, sub. 1 (3).

43. Is there a specific person who should sign the written employee notice on behalf of the employer or can the employer designate someone to sign on behalf the employer?

The new Wage Theft Prevention Act requires that the employee sign the written notice acknowledging receipt. The new Wage Theft Prevention Act does not require the employer to sign the written notice but other laws may require the employer to sign the written notice if the written notice is being used to also meet the requirements of those laws, see for example, Minn. Stat. § 181.55. DLI in its example written notice has provided for both the employee’s and the employer’s signature, allowing for that contingency. The written notice, if signed by the employer, should be signed by an individual authorized to sign on behalf of the employer.

44. Who should sign the form on behalf of the employer if the written employee notice is being issued to the “top” employee, for example the president, executive director, owner/worker, etc.?

The new Wage Theft Prevention Act requires that the employee sign the written notice acknowledging receipt. The new Wage Theft Prevention Act does not require that the employer sign the written notice but other laws may require the employer to sign the written notice if the written notice is being used to also meet the requirements of those laws, see for example, Minn. Stat. § 181.55. DLI in its example written notice has provided for both the employee’s and the employer’s signature, allowing for that contingency. The written notice, if signed by the employer, should be signed by an individual authorized to sign on behalf of the employer.

45. Minnesota Statutes § 181.032 (e) provides that the commissioner shall “assist employers with translation of the notice in the languages requested by their employees.” What kind of assistance will be provided and how does an employer request such assistance?

DLI is in the process of translating the example written notice into the 12 most common languages spoken in Minnesota. When translated, the written notices will be available on the Wage Theft Legislation 2019 and Summaries webpage. DLI will provide a list of reputable translation services for other language requests. That list can be found on the English version of the example employee notice.

46. Will awarding a discretionary or nondiscretionary bonus to an employee require a written change notification?

A discretionary bonus, for example, an end of the year bonus, would not likely constitute a rate of pay as contemplated by the new notice requirement and is, therefore, not required in the initial written notice and will not require a written change notification. A nondiscretionary bonus, for example, additional wages earned after a certain goal is reached, is required to be identified as a rate of pay in the initial written notice and requires a written change notification if changed.

47. What parts of the new law pertain to those exempt from the Minnesota Fair Labor Standards Act (Minn. Stat., Ch. 177)?

The definition of employee in the Minnesota Fair Labor Standards Act (MFLSA), Minn. Stat. § 177.23, subd. 7, applies to MFLSA; MFLSA definitions are limited in scope. Minnesota Statutes § 177.23, subd. 1. The new notice requirements, changes to the required statement of earnings and changes to payment of wages are in Minn. Stat., Ch. 181. Whether a specific worker is an employee under Minn. Stat., Ch. 181, is a separate analysis that is highly fact-dependent.

48. The law states the earnings statement must include “the total hours worked by the employee in the pay period.” Does this mean that simply the number of hours paid must be shown or must the number of hours worked need to be described differently than the hours paid due to PTO or holiday time? In other words, would “80 hours” be acceptable on the earnings statement when the person has earned 80 hours of pay – even if the pay period had an eight-hour holiday and 16 hours of PTO, and only 56 hours of time actually worked?

The requirement that an earning statement include “the total number of hours worked by the employee unless exempt from chapter 177” was not affected by the new Wage Theft Prevention Act.

49. Does the employer need to show on the earnings statement the number of hours worked even for salaried/FLSA-exempt employees? Or is showing their earnings as “salary” sufficient?

Minnesota Statutes § 181.032 (b) (4) requires that an earnings statement include “the total number of hours worked by the employee unless exempt from chapter 177.” This provision was not affected by the new Wage Theft Prevention Act.

50. Are employers on prevailing-wage projects required to provide each employee with the rates or can the employer refer the employees to the posting of the rates instead?

Employees must be provided with a written notice of any changes to the information in the initial written notice, including rates of pay. If the rates of the prevailing-wage project were not included in the initial written notice, then the new applicable rates for the prevailing-wage job need to be provided to the employees via a written change notification. The written change notice can be provided in hard copy or electronically.

Simply referring employees to a jobsite posting is not sufficient to meet the initial notice or the change notice requirements. If the employer wants to use a jobsite posting to meet its notice obligations, the jobsite posting, including the prevailing-wage rates that apply to the employee, must be attached to the initial written notice or written change notice. The initial written notice or change notice and the attachments must contain enough specifics for the employee to identify the applicable rate or rates of pay for their job classification(s).

51. The law states that an employer must pay all commissions earned by an employee at least once every three months. When are commissions earned?

The law does not define when commissions are earned. This is typically defined in an agreement between the employer and employee. Once commissions are earned, they must be paid within three months.

52. An employer specifically references provisions of a collective bargaining agreement (CBA) in the written notice and delivers a full copy of the CBA to the employee. If an employee requests that the notice be provided in a different language, is the employer obligated to translate the entire CBA or only those portions of the CBA specifically referenced in the notice to meet the notice requirement?

The employer is obligated to translate the portions of the CBA specifically referenced in the notice requirement that are necessary to convey the information statutorily required in the written notice.

Still have a question?

If you didn’t find your question answered above, email it to DLI Labor Standards at [email protected]

New 2019 Minnesota Wage Theft Law States:

Section 1.
Minnesota Statutes 2018, section 16C.285, subdivision 3, is amended to read:

Subd. 3.

Minimum criteria.

“Responsible contractor” means a contractor that conforms to the responsibility requirements in the solicitation document for its portion of the work on the project and verifies that it meets the following minimum criteria:
(1) the contractor:

(i) is in compliance with workers’ compensation and unemployment insurance requirements;

(ii) is in compliance with Department of Revenue and Department of Employment and Economic Development registration requirements if it has employees;

(iii) has a valid federal tax identification number or a valid Social Security number if an individual; and

(iv) has filed a certificate of authority to transact business in Minnesota with the secretary of state if a foreign corporation or cooperative;

(2) the contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 177.24, 177.25, 177.41 to 177.44, 181.03, 181.101, 181.13, 181.14, or 181.722, and has not violated United States Code, title 29, sections 201 to 219, or United States Code, title 40, sections
3141 to 3148. For purposes of this clause, a violation occurs when a contractor or related entity:

(i) repeatedly fails to pay statutorily required wages or penalties on one or more separate projects for a total underpayment of $25,000 or more within the three-year period, provided that a failure to pay is “repeated” only if it involves two or more separate and distinct occurrences of underpayment during the three-year period;

(ii) has been issued an order to comply by the commissioner of labor and industry that has become final;

(iii) has been issued at least two determination letters within the three-year period by the Department of Transportation finding an underpayment by the contractor or related entity to its own employees;

(iv) has been found by the commissioner of labor and industry to have repeatedly or willfully violated any of the sections referenced in this clause pursuant to section 177.27;

(v) has been issued a ruling or findings of underpayment by the administrator of the Wage and Hour Division of the United States Department of Labor that have become final or have been upheld by an administrative law judge or the Administrative Review Board; or

(vi) has been found liable for underpayment of wages or penalties or misrepresenting a construction worker as an independent contractor in an action brought in a court having jurisdiction;or

(vii) has been convicted of a violation of section 609.52, subdivision 2, clause (19).

Provided that, if the contractor or related entity contests a determination of underpayment by the Department of Transportation in a contested case proceeding, a violation does not occur until the contested case proceeding has concluded with a determination that the contractor or related entity underpaid wages or penalties;

(3) the contractor or related entity is in compliance with and, during the three-year period before submitting the verification, has not violated section 181.723 or chapter 326B. For purposes of this clause, a violation occurs when a contractor or related entity has been issued a final administrative or licensing order;

(4) the contractor or related entity has not, more than twice during the three-year period before submitting the verification, had a certificate of compliance under section 363A.36 revoked or suspended based on the provisions of section 363A.36, with the revocation or suspension becoming final because it was upheld by the Office of Administrative Hearings or was not appealed to the office;

(5) the contractor or related entity has not received a final determination assessing a monetary sanction from the Department of Administration or Transportation for failure to meet targeted group business, disadvantaged business enterprise, or veteran-owned business goals, due to a lack of good faith effort, more than once during the three-year period before submitting the verification;

(6) the contractor or related entity is not currently suspended or debarred by the federal government or the state of Minnesota or any of its departments, commissions, agencies, or political subdivisions that have authority to debar a contractor; and

(7) all subcontractors and motor carriers that the contractor intends to use to perform project work have verified to the contractor through a signed statement under oath by an owner or officer that they meet the minimum criteria listed in clauses (1) to (6).

Any violations, suspensions, revocations, or sanctions, as defined in clauses (2) to (5), occurring prior to July 1, 2014, shall not be considered in determining whether a contractor or related entity meets the minimum criteria.

Sec. 2.
Minnesota Statutes 2018, section 175.20, is amended to read:

[175.20] Enforcement.

The commissioner or an authorized representative may enter without unreasonable delay and inspect places of employment, during normal working hours, and investigate facts, conditions, practices or matters as the commissioner deems appropriate to enforce the laws within the commissioner’s jurisdiction and to carry out the purposes of this chapter and chapter 177, 181,181A, or 184. If an employer refuses to permit entry into the employer’s place of employment, the commissioner may apply for an inspection order in the district court in the county in which the place of employment is located requiring the employer to permit entry of the commissioner or an authorized representative. The commissioner or an authorized representative may issue subpoenas, collect evidence, interview witnesses, take testimony, compel the attendance of witnesses, and shall have authority to administer oaths and take testimony under oath, but no person shall be compelled to attend as a witness unless paid the fees provided for witnesses in the district court. The commissioner may interview in private nonmanagement employees regarding the matter under investigation.

Sec. 3.
Minnesota Statutes 2018, section 177.27, subdivision 2, is amended to read:

Subd. 2.

Submission of records; penalty.

The commissioner may require the employer of employees working in the state to submit to the commissioner photocopies, certified copies, or, if necessary, the originals of employment records which the commissioner deems necessary or appropriate. The records which may be required include full and correct statements in writing, including sworn statements by the employer, containing information relating to wages, hours, names, addresses, and any other information pertaining to the employer’s employees and the conditions of their employment as the commissioner deems necessary or appropriate.

The commissioner may require the records to be submitted by certified mail delivery or, if necessary, by personal delivery by the employer or a representative of the employer, as authorized by the employer in writing.

The commissioner may fine the employer up to $1,000 for each failure to submit or deliver records as required by this section, and up to $5,000 for each repeated failure. This penalty is in addition to any penalties provided under section 177.32, subdivision 1. In determining the amount of a civil penalty under this subdivision, the appropriateness of such penalty to the size of the employer’s business and the gravity of the violation shall be considered.

Sec. 4.
Minnesota Statutes 2018, section 177.27, is amended by adding a subdivision to read:

Subd. 11.

Providing data to licensing agencies, contracting agencies, and employees.

(a) The commissioner shall provide an order to comply issued to an employer under subdivision 4 and the resolution of the compliance order made through settlement or other final disposition to:

(1) a licensing or regulatory authority of one or more state agencies or agencies of a political subdivision to which the employer is subject; and

(2) a public contracting authority with which the employer is a party to a public contract.

(b) The commissioner shall provide the data set out in the compliance order and there solution of the compliance order made through settlement or other final disposition to the employer’s employees whose interests are affected by the order, including an explanation of how the order was resolved.

(c) Data provided by the commissioner to a licensing agency, contracting authority, or employee to aid in the law enforcement process under this subdivision is subject to section 13.39.

(d) For purposes of this subdivision, a licensing agency or contracting authority is subject to chapter 13 and must protect not public data received under this subdivision from unlawful disclosure.

Sec. 5.
Minnesota Statutes 2018, section 177.30, is amended to read:

[177.30] Keeping records; penalty.

(a) Every employer subject to sections 177.21 to 177.44 must make and keep a record of:

(1) the name, address, and occupation of each employee;

(2) the rate of pay, and the amount paid each pay period to each employee;

(3) the hours worked each day and each workweek by the employee, including for all employees paid at piece rate, the number of pieces completed at each piece rate;

(4) a list of the personnel policies provided to the employee, including the date the policies were given to the employee and a brief description of the policies;

(5) a copy of the notice provided to each employee as required by section 181.032, paragraph (d), including any written changes to the notice under section 181.032, paragraph (f);

(6) for each employer subject to sections 177.41 to 177.44, and while performing work on public works projects funded in whole or in part with state funds, the employer shall furnish under oath signed by an owner or officer of an employer to the contracting authority and the project owner every two weeks, a certified payroll report with respect to the wages and benefits paid each employee during the preceding weeks specifying for each employee: name; identifying number; prevailing wage master job classification; hours worked each day; total hours; rate of pay; gross amount earned; each deduction for taxes; total deductions; net pay for week; dollars contributed per hour for each benefit, including name and address of administrator; benefit account number; and telephone number for health and welfare, vacation or holiday, apprenticeship training, pension, and other benefit programs; and

(5) (7) other information the commissioner finds necessary and appropriate to enforce sections 177.21 to 177.435. The records must be kept for three years in or near the premises where an employee works except each employer subject to sections 177.41 to 177.44, and while performing work on public works projects funded in whole or in part with state funds, the records must be kept for three years after the contracting authority has made final payment on the public works project.

(b) All records required to be kept under paragraph (a) must be readily available for inspection by the commissioner upon demand. The records must be either kept at the place where employees are working or kept in a manner that allows the employer to comply with this paragraph within 72 hours.

(c) The commissioner may fine an employer up to $1,000 for each failure to maintain records as required by this section, and up to $5,000 for each repeated failure. This penalty is in addition to any penalties provided under section 177.32, subdivision 1. In determining the amount of a civil penalty under this subdivision, the appropriateness of such penalty to the size of the employer’s business and the gravity of the violation shall be considered.

(d) If the records maintained by the employer do not provide sufficient information to determine the exact amount of back wages due an employee, the commissioner may make a determination of wages due based on available evidence.

Sec. 6.
Minnesota Statutes 2018, section 177.32, subdivision 1, is amended to read:

Subdivision 1.

Misdemeanors.

An employer who does any of the following is guilty of a misdemeanor:

(1) hinders or delays the commissioner in the performance of duties required under
sections 177.21 to 177.435, 181.01 to 181.723, or 181.79;

(2) refuses to admit the commissioner to the place of business or employment of the
employer, as required by section 177.27, subdivision 1;

(3) repeatedly fails to make, keep, and preserve records as required by section 177.30;

(4) falsifies any record;

(5) refuses to make any record available, or to furnish a sworn statement of the record or
any other information as required by section 177.27;

(6) repeatedly fails to post a summary of sections 177.21 to 177.44 or a copy or summary of the applicable rules as required by section 177.31;

(7) pays or agrees to pay wages at a rate less than the rate required under sections 177.21 to 177.44;

(8) refuses to allow adequate time from work as required by section 177.253; or

(9) otherwise violates any provision of sections 177.21 to 177.44.

Sec. 7.

[177.45] Attorney General Enforcement.

In addition to the enforcement of this chapter by the department, the attorney general may enforce this chapter under section 8.31.

Sec. 8.
Minnesota Statutes 2018, section 181.03, is amended by adding a subdivision to read:

Subd. 4.

Enforcement.

The use of an enforcement provision in this section shall not preclude the use of any other enforcement provision provided by law.

Sec. 9.
Minnesota Statutes 2018, section 181.03, is amended by adding a subdivision to read:

Subd. 5.

Effect on other laws.

Nothing in this section shall be construed to limit the application of other state or federal
laws.

Sec. 10.

Minnesota Statutes 2018, section 181.03, is amended by adding a subdivision to read:

Subd. 6.

Retaliation.

An employer must not retaliate against an employee for asserting rights or remedies under
this section, sections 177.21 to 177.44, 181.01 to 181.723, or 181.79, including, but not limited to, filing a complaint with the department or telling the employer of the employee’s intention to file a complaint. In addition to any other remedies provided by law, an employer who violates this subdivision is liable for a civil penalty of not less than $700 nor more than $3,000 per violation.

Sec. 11.

Minnesota Statutes 2018, section 181.032, is amended to read:

[181.032] Required Statement of Earnings by Employer; Notice to Employee.

(a) At the end of each pay period, the employer shall provide each employee with an earnings statement, either in writing or by electronic means, covering that pay period. An employer who chooses to provide an earnings statement by electronic means must provide employee access to an employer-owned computer during an employee’s regular working hours to review and print earnings statements.

(b) The earnings statement may be in any form determined by the employer but must include:

(1) the name of the employee;

(2) the hourly rate or rates of pay (if applicable) and basis thereof, including whether the employee is paid by hour, shift, day, week, salary, piece, commission, or other method;

(3) allowances, if any, claimed pursuant to permitted meals and lodging;

(4) the total number of hours worked by the employee unless exempt from chapter 177;

(4) (5) the total amount of gross pay earned by the employee during that period;

(5) (6) a list of deductions made from the employee’s pay;

(6) (7) the net amount of pay after all deductions are made;

(7) (8) the date on which the pay period ends; and

(8) (9) the legal name of the employer and the operating name of the employer if different from the legal name;

(10) the physical address of the employer’s main office or principal place of business, and a mailing address if different; and

(11) the telephone number of the employer.

(c) An employer must provide earnings statements to an employee in writing, rather than by electronic means, if the employer has received at least 24 hours notice from an employee that the employee would like to receive earnings statements in written form. Once an employer has received notice from an employee that the employee would like to receive earnings statements in written form, the employer must comply with that request on an ongoing basis.

(d) At the start of employment, an employer shall provide each employee a written notice containing the following information:

(1) the rate or rates of pay and basis thereof, including whether the employee is paid by the hour, shift, day, week, salary, piece, commission, or other method, and the specific application of any additional rates;

(2) allowances, if any, claimed pursuant to permitted meals and lodging;

(3) paid vacation, sick time, or other paid time-off accruals and terms of use;

(4) the employee’s employment status and whether the employee is exempt from minimum wage, overtime, and other provisions of chapter 177, and on what basis;

(5) a list of deductions that may be made from the employee’s pay;

(6) the number of days in the pay period, the regularly scheduled pay day, and the pay day on which the employee will receive the first payment of wages earned;

(7) the legal name of the employer and the operating name of the employer if different from the legal name;

(8) the physical address of the employer’s main office or principal place of business, and a mailing address if different; and

(9) the telephone number of the employer.

(e) The employer must keep a copy of the notice under paragraph (d) signed by each employee acknowledging receipt of the notice. The notice must be provided to each employee in English. The English version of the notice must include text provided by the commissioner that informs employees that they may request, by indicating on the form, the notice be provided in a particular language. If requested, the employer shall provide the notice in the language requested by the employee. The commissioner shall make available to employers the text to be included in the English version of the notice required by this section and assist employers with translation of the notice in the languages requested by their employees.

(f) An employer must provide the employee any written changes to the information contained in the notice under paragraph (d) prior to the date the changes take effect.

Sec. 12.
Minnesota Statutes 2018, section 181.101, is amended to read:

[181.101] Wages; How Often Paid.

(a) Except as provided in paragraph (b), every employer must pay all wages, including salary, earnings, and gratuities earned by an employee at least once every 31 days and all commissions earned by an employee at least once every three months, on a regular payday designated in advance by the employer regardless of whether the employee requests payment at longer intervals. Unless paid earlier, the wages earned during the first half of the first 31-day pay period become due on the first regular payday following the first day of work. If wages or commissions earned are not paid, the commissioner of labor and industry or the commissioner’s representative may serve a demand for payment on behalf of an employee. In addition to other remedies under section 177.27, if payment of wages is not made within ten days of service of the demand, the commissioner may charge and collect the wages earned at the employee’s rate or rates of pay or at the rate or rates required by law, including any applicable statute, regulation, rule, ordinance, government resolution or policy, contract, or other legal authority, whichever rate of pay is greater, and a penalty in the amount of the employee’s average daily earnings at the same rate agreed upon in the contract of employment, not exceeding 15 days in all, or rates for each day beyond the ten-day limit following the demand. If payment of commissions is not made within ten days of service of the demand, the commissioner may charge and collect the commissions earned and a penalty equal to 1/15 of the commissions earned but unpaid for each day beyond the ten-day limit. Money collected by the commissioner must be paid to the employee concerned. This section does not prevent an employee from prosecuting a claim for wages. This section does not prevent a school district, other public school entity, or other school, as defined under section 120A.22, from paying any wages earned by its employees during a school year on regular paydays in the manner provided by an applicable contract or collective bargaining agreement, or a personnel policy adopted by the governing board. For purposes of this section, “employee” includes a person who performs agricultural labor as defined in section 181.85, subdivision 2. For purposes of this section, wages are earned on the day an employee works. This section provides a substantive right for employees to the payment of wages, including salary, earnings, and gratuities, as well as commissions, in addition to the right to be paid at certain times.

(b) An employer of a volunteer firefighter, as defined in section 424A.001, subdivision 10, a member of an organized first responder squad that is formally recognized by a political subdivision in the state, or a volunteer ambulance driver or attendant must pay all wages earned by the volunteer firefighter, first responder, or volunteer ambulance driver or attendant at least once every 31 days, unless the employer and the employee mutually agree upon payment at longer intervals.

Sec. 13.

[181.1721] Attorney General Enforcement.

In addition to the enforcement of this chapter by the department, the attorney general may enforce this chapter under section 8.31.

Sec. 14.
Minnesota Statutes 2018, section 609.52, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

In this section:

(1) “Property” means all forms of tangible property, whether real or personal, without limitation including documents of value, electricity, gas, water, corpses, domestic animals, dogs, pets, fowl, and heat supplied by pipe or conduit by municipalities or public utility companies and articles, as defined in clause (4), representing trade secrets, which articles shall be deemed for the purposes of Extra Session Laws 1967, chapter 15 to include any trade secret represented by the article.

(2) “Movable property” is property whose physical location can be changed, including without limitation things growing on, affixed to, or found in land.

(3) “Value” means the retail market value at the time of the theft, or if the retail market value cannot be ascertained, the cost of replacement of the property within a reasonable time after the theft, or in the case of a theft or the making of a copy of an article representing a trade secret, where the retail market value or replacement cost cannot be ascertained, any reasonable value representing the damage to the owner which the owner has suffered by reason of losing an advantage over those who do not know of or use the trade secret. For a check, draft, or other order for the payment of money, “value” means the amount of money promised or ordered to be paid under the terms of the check, draft, or other order. For a theft committed within the meaning of subdivision 2, clause (5), items (i) and (ii), if the property has been restored to the owner, “value” means the value of the use of the property or the damage which it sustained, whichever is greater, while the owner was deprived of its possession, but not exceeding the value otherwise provided herein. For a theft committed within the meaning of subdivision 2, clause (9), if the property has been restored to the owner, “value” means the rental value of the property, determined at the rental rate contracted by the defendant or, if no rental rate was contracted, the rental rate customarily charged by the owner for use of the property, plus any damage that occurred to the property while the owner was deprived of its possession, but not exceeding the total retail value of the property at the time of rental. For a theft committed within the meaning of subdivision 2, clause (19), “value” means the difference between wages legally required to be reported or paid to an employee and the amount actually reported or paid to the employee.

(4) “Article” means any object, material, device or substance, including any writing, record, recording, drawing, sample specimen, prototype, model, photograph, microorganism, blueprint or map, or any copy of any of the foregoing.

(5) “Representing” means describing, depicting, containing, constituting, reflecting or recording.

(6) “Trade secret” means information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

(i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use, and

(ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

(7) “Copy” means any facsimile, replica, photograph or other reproduction of an article, and any note, drawing, or sketch made of or from an article while in the presence of the article.

(8) “Property of another” includes property in which the actor is co-owner or has a lien, pledge, bailment, or lease or other subordinate interest, property transferred by the actor in circumstances which are known to the actor and which make the transfer fraudulent as defined in section 513.44, property possessed pursuant to a short-term rental contract, and property of a partnership of which the actor is a member, unless the actor and the victim are husband and wife. It does not include property in which the actor asserts in good faith a claim as a collection fee or commission out of property or funds recovered, or by virtue of a lien, setoff, or counterclaim.

(9) “Services” include but are not limited to labor, professional services, transportation services, electronic computer services, the supplying of hotel accommodations, restaurant services, entertainment services, advertising services, telecommunication services, and the supplying of equipment for use including rental of personal property or equipment.

(10) “Motor vehicle” means a self-propelled device for moving persons or property or pulling implements from one place to another, whether the device is operated on land, rails, water, or in the air.

(11) “Motor fuel” has the meaning given in section 604.15, subdivision 1.

(12) “Retailer” has the meaning given in section 604.15, subdivision 1.

(13) “Wage theft” occurs when an employer with intent to defraud:

(i) fails to pay an employee all wages, salary, gratuities, earnings, or commissions at the employee’s rate or rates of pay or at the rate or rates required by law, including any applicable statute, regulation, rule, ordinance, government resolution or policy, contract, or other legal authority, whichever rate of pay is greater;

(ii) directly or indirectly causes an employee to give a receipt for wages for a greater amount than that actually paid to the employee for services rendered;

(iii) directly or indirectly demands or receives from any employee any rebate or refund from the wages owed the employee under contract of employment with the employer; or

(iv) makes or attempts to make it appear in any manner that the wages paid to any employee were greater than the amount actually paid to the employee.

(14) “Employer” means any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an employee.

(15) “Employee” means any individual employed by an employer.

Effective Date.

This section is effective August 1, 2019, and applies to crimes committed on or after that date.

Sec. 15.

Minnesota Statutes 2018, section 609.52, subdivision 2, is amended to read:

Subd. 2.

Acts constituting theft.

(a) Whoever does any of the following commits theft and may be sentenced as provided in subdivision 3:

(1) intentionally and without claim of right takes, uses, transfers, conceals or retains possession of movable property of another without the other’s consent and with intent to deprive the owner permanently of possession of the property; or

(2) with or without having a legal interest in movable property, intentionally and without consent, takes the property out of the possession of a pledgee or other person having a superior right of possession, with intent thereby to deprive the pledgee or another person permanently of the possession of the property; or

(3) obtains for the actor or another the possession, custody, or title to property of or performance of services by a third person by intentionally deceiving the third person with a false representation which is known to be false, made with intent to defraud, and which does defraud the person to whom it is made. “False representation” includes without limitation:

(i) the issuance of a check, draft, or order for the payment of money, except a forged check as defined in section 609.631, or the delivery of property knowing that the actor is not entitled to draw upon the drawee therefor or to order the payment or delivery thereof; or

(ii) a promise made with intent not to perform. Failure to perform is not evidence of intent not to perform unless corroborated by other substantial evidence; or

(iii) the preparation or filing of a claim for reimbursement, a rate application, or a cost report used to establish a rate or claim for payment for medical care provided to a recipient of medical assistance under chapter 256B, which intentionally and falsely states the costs of or actual services provided by a vendor of medical care; or

(iv) the preparation or filing of a claim for reimbursement for providing treatment or supplies required to be furnished to an employee under section 176.135 which intentionally and falsely states the costs of or actual treatment or supplies provided; or

(v) the preparation or filing of a claim for reimbursement for providing treatment or supplies required to be furnished to an employee under section 176.135 for treatment or supplies that the provider knew were medically unnecessary, inappropriate, or excessive; or

(4) by swindling, whether by artifice, trick, device, or any other means, obtains property or services from another person; or

(5) intentionally commits any of the acts listed in this subdivision but with intent to exercise temporary control only and:

(i) the control exercised manifests indifference to the rights of the owner or the restoration of the property to the owner; or

(ii) the actor pledges or otherwise attempts to subject the property to an adverse claim; or

(iii) the actor intends to restore the property only on the condition that the owner pay a reward or buy back or make other compensation; or

(6) finds lost property and, knowing or having reasonable means of ascertaining the true owner, appropriates it to the finder’s own use or to that of another not entitled thereto without first having made reasonable effort to find the owner and offer and surrender the property to the owner; or

(7) intentionally obtains property or services, offered upon the deposit of a sum of money or tokens in a coin or token operated machine or other receptacle, without making the required deposit or otherwise obtaining the consent of the owner; or

(8) intentionally and without claim of right converts any article representing a trade secret, knowing it to be such, to the actor’s own use or that of another person or makes a copy of an article representing a trade secret, knowing it to be such, and intentionally and without claim of right converts the same to the actor’s own use or that of another person. It shall be a complete defense to any prosecution under this clause for the defendant to show that information comprising the trade secret was rightfully known or available to the defendant from a source other than the owner of the trade secret; or

(9) leases or rents personal property under a written instrument and who:

(i) with intent to place the property beyond the control of the lessor conceals or aids or abets the concealment of the property or any part thereof; or

(ii) sells, conveys, or encumbers the property or any part thereof without the written consent of the lessor, without informing the person to whom the lessee sells, conveys, or encumbers that the same is subject to such lease or rental contract with the intent to deprive the lessor of possession thereof; or

(iii) does not return the property to the lessor at the end of the lease or rental term, plus agreed-upon extensions, with intent to wrongfully deprive the lessor of possession of the property; or

(iv) returns the property to the lessor at the end of the lease or rental term, plus agreed-upon extensions, but does not pay the lease or rental charges agreed upon in the written instrument, with intent to wrongfully deprive the lessor of the agreed-upon charges.

For the purposes of items (iii) and (iv), the value of the property must be at least $100.

Evidence that a lessee used a false, fictitious, or not current name, address, or place of employment in obtaining the property or fails or refuses to return the property or pay the rental contract charges to lessor within five days after written demand for the return has been served personally in the manner provided for service of process of a civil action or sent by certified mail to the last known address of the lessee, whichever shall occur later, shall be evidence of intent to violate this clause. Service by certified mail shall be deemed to be complete upon deposit in the United States mail of such demand, postpaid and addressed to the person at the address for the person set forth in the lease or rental agreement, or, in the absence of the address, to the person’s last known place of residence; or

(10) alters, removes, or obliterates numbers or symbols placed on movable property for purpose of identification by the owner or person who has legal custody or right to possession thereof with the intent to prevent identification, if the person who alters, removes, or obliterates the numbers or symbols is not the owner and does not have the permission of the owner to make the alteration, removal, or obliteration; or

(11) with the intent to prevent the identification of property involved, so as to deprive the rightful owner of possession thereof, alters or removes any permanent serial number, permanent distinguishing number or manufacturer’s identification number on personal property or possesses, sells or buys any personal property knowing or having reason to know that the permanent serial number, permanent distinguishing number or manufacturer’s identification number has been removed or altered; or

(12) intentionally deprives another of a lawful charge for cable television service by:

(i) making or using or attempting to make or use an unauthorized external connection outside the individual dwelling unit whether physical, electrical, acoustical, inductive, or other connection; or by

(ii) attaching any unauthorized device to any cable, wire, microwave, or other component of a licensed cable communications system as defined in chapter 238. Nothing herein shall be construed to prohibit the electronic video rerecording of program material transmitted on the cable communications system by a subscriber for fair use as defined by Public Law 94-553, section 107; or

(13) except as provided in clauses (12) and (14), obtains the services of another with the intention of receiving those services without making the agreed or reasonably expected payment of money or other consideration; or

(14) intentionally deprives another of a lawful charge for telecommunications service by:

(i) making, using, or attempting to make or use an unauthorized connection whether physical, electrical, by wire, microwave, radio, or other means to a component of a local telecommunication system as provided in chapter 237; or

(ii) attaching an unauthorized device to a cable, wire, microwave, radio, or other component of a local telecommunication system as provided in chapter 237. The existence of an unauthorized connection is prima facie evidence that the occupier of the premises:

(A) made or was aware of the connection; and

(B) was aware that the connection was unauthorized;

(15) with intent to defraud, diverts corporate property other than in accordance with general business purposes or for purposes other than those specified in the corporation’s articles of incorporation; or

(16) with intent to defraud, authorizes or causes a corporation to make a distribution in violation of section 302A.551, or any other state law in conformity with it; or

(17) takes or drives a motor vehicle without the consent of the owner or an authorized agent of the owner, knowing or having reason to know that the owner or an authorized agent of the owner did not give consent; or

(18) intentionally, and without claim of right, takes motor fuel from a retailer without the retailer’s consent and with intent to deprive the retailer permanently of possession of the fuel by driving a motor vehicle from the premises of the retailer without having paid for the fuel dispensed into the vehicle; or

(19) commits wage theft under subdivision 1, clause (13).

(b) Proof that the driver of a motor vehicle into which motor fuel was dispensed drove the vehicle from the premises of the retailer without having paid for the fuel permits the factfinder to infer that the driver acted intentionally and without claim of right, and that the driver intended to deprive the retailer permanently of possession of the fuel. This paragraph does not apply if: (1)payment has been made to the retailer within 30 days of the receipt of notice of nonpayment under section 604.15; or (2) a written notice as described in section 604.15, subdivision 4, disputing the retailer’s claim, has been sent. This paragraph does not apply to the owner of a motor vehicle if the vehicle or the vehicle’s license plate has been reported stolen before the theft of the fuel.

Effective Date.

This section is effective August 1, 2019, and applies to crimes committed on or after that date.

Sec. 16.
Minnesota Statutes 2018, section 609.52, subdivision 3, is amended to read:

Subd. 3.

Sentence.

Whoever commits theft may be sentenced as follows:

(1) to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both, if the property is a firearm, or the value of the property or services stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4), (15), or (16), or(19), or section 609.2335, subdivision 1, clause (1) or (2), item (i); or

(2) to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the property stolen was an article representing a trade secret, an explosive or incendiary device, or a controlled substance listed in Schedule I or II pursuant to section 152.02 with the exception of marijuana; or

(3) to imprisonment for not more than five years or to payment of a fine of not more than
$10,000, or both, if any of the following circumstances exist:

(a) the value of the property or services stolen is more than $1,000 but not more than
$5,000; or

(b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant
to section 152.02; or

(c) the value of the property or services stolen is more than $500 but not more than $1,000
and the person has been convicted within the preceding five years for an offense under this section,section 256.98; 268.182; 609.24; 609.245; 609.53; 609.582, subdivision 1, 2, or
3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, the United States, or a foreign jurisdiction, in conformity with any of those sections, and the person received a felony or gross misdemeanor sentence for the offense, or a sentence that was stayed under section 609.135 if the offense to which a plea was entered would allow imposition of a felony or gross misdemeanor sentence; or

(d) the value of the property or services stolen is not more than $1,000, and any of the following circumstances exist:

(i) the property is taken from the person of another or from a corpse, or grave or coffin containing a corpse; or

(ii) the property is a record of a court or officer, or a writing, instrument or record kept, filed or deposited according to law with or in the keeping of any public officer or office; or

(iii) the property is taken from a burning, abandoned, or vacant building or upon its removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle; or

(iv) the property consists of public funds belonging to the state or to any political subdivision or agency thereof; or

(v) the property stolen is a motor vehicle; or

(4) to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the value of the property or services stolen is more than $500 but not more than $1,000; or

(5) in all other cases where the value of the property or services stolen is $500 or less, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3), (4), and (13), and(19), the value of the money or property or services received by the defendant in violation of any one or more of the above provisions within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this subdivision; provided that when two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph.

Effective Date.

This section is effective August 1, 2019, and applies to crimes committed on or after that date.

To learn additional information on employee notice, earning statements and labor standards recordkeeping laws visit these blog posts:

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