Certain individuals working in transportation occupations exempted from Minnesota Paid Leave Law.

A bill for an act

relating to employment; exempting certain individuals working in transportation

occupations from the Minnesota Paid Leave Law; amending Minnesota Statutes

2024, section 268B.01, subdivisions 15, 17.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 268B.01, subdivision 15, is amended to read:

Subd. 15.

Covered employment.

(a) "Covered employment" means performing services

of whatever nature, unlimited by the relationship of master and servant as known to the

common law, or any other legal relationship performed for wages or under any contract

calling for the performance of services, written or oral, express or implied.

(b) For the purposes of this chapter, covered employment means an employee's entire

employment during a calendar year if:

(1) 50 percent or more of the employment during the calendar year is performed in

Minnesota; or

(2) 50 percent or more of the employment during the calendar year is not performed in

Minnesota or any other single state within the United States, or United States territory or

foreign nation, but some of the employment is performed in Minnesota and the employee's

residence is in Minnesota during 50 percent or more of the calendar year.

(c) "Covered employment" does not include:

(1) a self-employed individual;

(2) an independent contractor;
deleted text begin
or
deleted text end

(3) employment by a seasonal employee, as defined in subdivision 35
deleted text begin
.
deleted text end
new text begin
;
new text end

new text begin

(4) any individual in a position for which the United States Department of Transportation

has power to establish qualifications and maximum hours of service under United States

Code, title 49, section 31502; or

new text end

new text begin

(5) any individual hired by a business entity identified as meeting the definitions listed

in the Standard Industrial Codes (SIC) 4212-01 through 4231-02 Motor Freight

Transportation and Warehousing.

new text end

(d) Entities that are excluded under this section may opt in to coverage following a

procedure determined by the commissioner. In such cases, services provided by employees

are considered covered employment under subdivision 15.

(e) The commissioner may adopt rules in accordance with chapter 14 to:

(1) further define the application of this subdivision; and

(2) establish the criteria for covered employment for individuals that do not meet the

criteria in paragraphs (a) and (b), but that perform services as an employee to a Minnesota

employer.

Sec. 2.

Minnesota Statutes 2024, section 268B.01, subdivision 17, is amended to read:

Subd. 17.

Employee.

(a) "Employee" means an individual who performs services of

whatever nature for an employer.

(b) Employee does not include employees of the United States of America, self-employed

individuals, or independent contractors.

(c) Employee does not include seasonal employees as defined in subdivision 35.

new text begin

(d) Employee does not include any individual in a position for which the United States

Department of Transportation has power to establish qualifications and maximum hours of

service under United States Code, title 49, section 31502.

new text end

new text begin

(e) Employee does not include any individual hired by a business entity identified as

meeting the definitions listed in the Standard Industrial Codes (SIC) 4212-01 through

4231-02 Motor Freight Transportation and Warehousing.

new text end