1.1 	A bill for an act
1.2 	relating to employment; mandating employer disclosure
1.3 	of terms of probationary employment and opportunities
1.4 	for permanent employment in written agreements of
1.5 	hire; requiring employers to provide written
1.6 	agreements of hire to casual employees temporarily
1.7 	hired; specifying the burden permitting civil actions
1.8 	against employers who fail to provide employees with
1.9 	adequate written agreements of hire; amending
1.10 	Minnesota Statutes 2004, sections 181.55; 181.56;
1.11 	181.57; proposing coding for new law in Minnesota
1.12 	Statutes, chapter 181.
1.13 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14 	Section 1. Minnesota Statutes 2004, section 181.55, is
1.15 	amended to read:
1.16 	181.55 WRITTEN STATEMENT TO EMPLOYEES BY EMPLOYERS.
1.17 	When a contract of employment is consummated between an
1.18 	employer and an employee for work to be performed in this state,
1.19 	or for work to be performed in another state for an employer
1.20 	localized in this state, the employer shall give to the employee
1.21 	a written and signed agreement of hire, which shall clearly and
1.22 	plainly state:
1.23 	(1) The date on which the agreement was entered into;
1.24 	(2) The date on which the services of the employee are to
1.25 	begin;
1.26 	(3) The rate of pay per unit of time, or of commission, or
1.27 	by the piece, so that wages due may be readily computed;
1.28 	(4) The number of hours a day which shall constitute a
1.29 	regular day's work, and whether or not additional hours the
2.1 	employee is required to work shall constitute overtime and be
2.2 	paid for, and, if so, the rate of pay for overtime work; and 
2.3 	(5) A statement of any special responsibility undertaken by
2.4 	the employee, not forbidden by law, which, if not properly
2.5 	performed by the employee, will entitle the employer to make
2.6 	deductions from the wages of the employee, and the terms upon
2.7 	which such deductions may be made;
2.8 	(6) Whether the employee is subject to a probationary
2.9 	period of employment and, if so, the duration and terms of the
2.10 	probationary period; and 
2.11 	(7) Whether the employment is temporary or not and, if the
2.12 	employment is temporary, whether and under what conditions the
2.13 	employee might be hired to fill a position of indefinite
2.14 	duration.

2.15 	Sec. 2. Minnesota Statutes 2004, section 181.56, is
2.16 	amended to read:
2.17 	181.56 NO STATEMENT GIVEN; BURDEN OF PROOF.
2.18 	Where no such written agreement is entered into the burden
2.19 	of proof shall be upon the employer to establish the terms of
2.20 	the verbal agreement, including any terms of probationary
2.21 	employment and any conditions under which a temporary employee
2.22 	might be hired to fill a position of indefinite duration,in
2.23 	case of a dispute with the employee as to its terms.

2.24 	Sec. 3. Minnesota Statutes 2004, section 181.57, is
2.25 	amended to read:
2.26 	181.57 APPLICATION OF SECTIONS 181.55 AND 181.56.
2.27 	Sections 181.55 and 181.56 shall not apply to farm labor,
2.28 	nor to casual employees temporarily employed,nor employers
2.29 	employing less than ten employees.

2.30 	Sec. 4. [181.575] CIVIL ACTIONS.
2.31 		Subdivision 1.Civil actions permitted. Any employee
2.32 	claiming to be aggrieved by a violation of section 181.55 may
2.33 	bring a civil action for damages and injunctive relief against
2.34 	the employee's employer.
2.35 		Subd. 2.Judgment; damages. If the court finds that any
2.36 	defendant has violated the provisions of section 181.55, the
3.1 	court shall enter judgment for the actual damages incurred by
3.2 	the plaintiff or the appropriate penalty as provided by
3.3 	subdivision 3, whichever is greater.  The court may also award
3.4 	court costs and a reasonable attorney's fee.
3.5 		Subd. 3.Penalty. Whenever the court finds that an
3.6 	employer has given an employee a written and signed agreement of
3.7 	hire, but finds that the agreement fails to comply with the
3.8 	requirements of section 181.55, $250.

3.9 	Sec. 4. EFFECTIVE DATE.
 3.10 	Sections 1 to 3 are effective for all contracts of
3.11 	employment consummated on or after August 1, 2005.