Minor League baseball players exemption from minimum wage and overtime requirements provision

A bill for an act

relating to employment; exempting minor league baseball players from minimum

wage and overtime requirements; amending Minnesota Statutes 2024, section

177.23, subdivision 7.

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

Section 1.

Minnesota Statutes 2024, section 177.23, subdivision 7, is amended to read:

Subd. 7.

Employee.

"Employee" means any individual employed by an employer but

does not include:

(1) two or fewer specified individuals employed at any given time in agriculture on a

farming unit or operation who are paid a salary;

(2) any individual employed in agriculture on a farming unit or operation who is paid a

salary greater than the individual would be paid if the individual worked 48 hours at the

state minimum wage plus 17 hours at 1-1/2 times the state minimum wage per week;

(3) an individual under 18 who is employed in agriculture on a farm to perform services

other than corn detasseling or hand field work when one or both of that minor hand field

worker's parents or physical custodians are also hand field workers;

(4) for purposes of section
177.24
, an individual under 18 who is employed as a corn

detasseler;

(5) any staff member employed on a seasonal basis by an organization for work in an

organized resident or day camp operating under a permit issued under section
144.72
;

(6) any individual employed in a bona fide executive, administrative, or professional

capacity, or a salesperson who conducts no more than 20 percent of sales on the premises

of the employer;

(7) any individual who renders service gratuitously for a nonprofit organization;

(8) any individual who serves as an elected official for a political subdivision or who

serves on any governmental board, commission, committee or other similar body, or who

renders service gratuitously for a political subdivision;

(9) any individual employed by a political subdivision to provide police or fire protection

services or employed by an entity whose principal purpose is to provide police or fire

protection services to a political subdivision;

(10) any individual employed by a political subdivision who is ineligible for membership

in the Public Employees Retirement Association under section
353.01, subdivision 2b
,

clause (1), (2), (4), or (9), item (i);

(11) any driver employed by an employer engaged in the business of operating taxicabs;

(12) any individual engaged in babysitting as a sole practitioner;

(13) for the purpose of section
177.25
, any individual employed on a seasonal basis in

a carnival, circus, fair, or ski facility;

(14) any individual under 18 working less than 20 hours per workweek for a municipality

as part of a recreational program;

(15) any individual employed by the state as a natural resource manager 1, 2, or 3

(conservation officer);

(16) 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;

(17) any individual employed as a seafarer. The term "seafarer" means a master of a

vessel or any person subject to the authority, direction, and control of the master who is

exempt from federal overtime standards under United States Code, title 29, section 213(b)(6),

including but not limited to pilots, sailors, engineers, radio operators, firefighters, security

guards, pursers, surgeons, cooks, and stewards;

(18) any individual employed by a county in a single-family residence owned by a county

home school as authorized under section
260B.060
if the residence is an extension facility

of that county home school, and if the individual as part of the employment duties resides

at the residence for the purpose of supervising children as defined by section
260C.007,

subdivision 4
;
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or
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(19) nuns, monks, priests, lay brothers, lay sisters, ministers, deacons, and other members

of religious orders who serve pursuant to their religious obligations in schools, hospitals,

and other nonprofit institutions operated by the church or religious order
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.
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; or
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(20) any individual who has entered into a contract to play baseball at the minor league

level and who is compensated pursuant to the terms of a collective bargaining agreement

that expressly provides for wages and working conditions.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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