1.2relating to state government; providing for the Women's Economic Security Act;
1.3requiring equal pay certificates of compliance; modifying workforce development
1.4provisions; creating women and high-wage, high-demand, nontraditional jobs
1.5grant program; modifying eligibility for unemployment insurance benefits;
1.6offering women entrepreneurs business development grants; requiring a report on
1.7a potential state-administered retirement savings plan; modifying parenting leave,
1.8sick leave, and pregnancy accommodations; providing employment protections;
1.9providing wage disclosure protection; appropriating money;amending Minnesota
1.10Statutes 2012, sections 13.552, by adding a subdivision; 181.939; 181.940,
1.11subdivision 2; 181.941; 181.943; 181.9435, subdivision 1; 181.944; 268.095,
1.12subdivisions 1, 6; 363A.08, subdivisions 1, 2, 3, 4; Minnesota Statutes 2013
1.13Supplement, sections 116L.665, subdivision 2; 177.27, subdivision 4; 181.9413;
1.14proposing coding for new law in Minnesota Statutes, chapters 116L; 181; 363A.
1.15BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:


1.18    Section 1. CITATION; WOMEN'S ECONOMIC SECURITY ACT.
1.19This act shall be known as the Women's Economic Security Act.


1.22    Section 1. Minnesota Statutes 2012, section 13.552, is amended by adding a
1.23subdivision to read:
1.24    Subd. 7. Equal pay certificate of compliance. Access to data relating to equal pay
1.25certificates of compliance is governed by section 363A.44.

2.1    Sec. 2. Minnesota Statutes 2013 Supplement, section 116L.665, subdivision 2, is
2.2amended to read:
2.3    Subd. 2. Membership. The governor's Workforce Development Council is
2.4composed of 31 members appointed by the governor. The members may be removed
2.5pursuant to section 15.059. In selecting the representatives of the council, the governor
2.6shall ensure that 50 percent of the members come from nominations provided by local
2.7workforce councils. Local education representatives shall come from nominations
2.8provided by local education to employment partnerships. The 31 members shall represent
2.9the following sectors:
2.10(a) State agencies: the following individuals shall serve on the council:
2.11(1) commissioner of the Minnesota Department of Employment and Economic
2.12Development;
2.13(2) commissioner of the Minnesota Department of Education; and
2.14(3) commissioner of the Minnesota Department of Human Services.
2.15(b) Business and industry: six individuals shall represent the business and industry
2.16sectors of Minnesota.
2.17(c) Organized labor: six individuals shall represent labor organizations of Minnesota.
2.18(d) Community-based organizations: four individuals shall represent
2.19community-based organizations of Minnesota. Community-based organizations are
2.20defined by the Workforce Investment Act as private nonprofit organizations that are
2.21representative of communities or significant segments of communities and that have
2.22demonstrated expertise and effectiveness in the field of workforce investment and may
2.23include entities that provide job training services, serve youth, serve individuals with
2.24disabilities, serve displaced homemakers, union-related organizations, employer-related
2.25nonprofit organizations, and organizations serving nonreservation Indians and tribal
2.26governments.
2.27(e) Education: six individuals shall represent the education sector of Minnesota
2.28as follows:
2.29(1) one individual shall represent local public secondary education;
2.30(2) one individual shall have expertise in design and implementation of school-based
2.31service-learning;
2.32(3) one individual shall represent leadership of the University of Minnesota;
2.33(4) one individual shall represent secondary/postsecondary vocational institutions;
2.34(5) the chancellor of the Board of Trustees of the Minnesota State Colleges and
2.35Universities; and
2.36(6) one individual shall have expertise in agricultural education.
3.1(f) Other: two individuals shall represent other constituencies including:
3.2(1) units of local government; and
3.3(2) applicable state or local programs.
3.4The speaker and the minority leader of the house of representatives shall each
3.5appoint a representative to serve as an ex officio member of the council. The majority
3.6and minority leaders of the senate shall each appoint a senator to serve as an ex officio
3.7member of the council.
3.8The governor shall appoint one individual representing public libraries, one
3.9individual with expertise in assisting women in obtaining employment in high-wage,
3.10high-demand, nontraditional occupations, and one individual representing adult basic
3.11education programs to serve as a nonvoting advisor advisors to the council.
3.12(g) Appointment: each member shall be appointed for a term of three years from the
3.13first day of January or July immediately following their appointment. Elected officials
3.14shall forfeit their appointment if they cease to serve in elected office.
3.15(h) Members of the council are compensated as provided in section 15.059,
3.16subdivision 3 .

3.17    Sec. 3. [116L.99] WOMEN AND HIGH-WAGE, HIGH-DEMAND,
3.18NONTRADITIONAL JOBS GRANT PROGRAM.
3.19    Subdivision 1. Definitions. (a) For the purpose of this section, the following terms
3.20have the meanings given.
3.21(b) "Commissioner" means the commissioner of employment and economic
3.22development.
3.23(c) ''Eligible organization'' includes, but is not limited to:
3.24(1) community-based organizations experienced in serving women;
3.25(2) employers;
3.26(3) business and trade associations;
3.27(4) labor unions and employee organizations;
3.28(5) registered apprenticeship programs;
3.29(6) secondary and postsecondary education institutions located in Minnesota; and
3.30(7) workforce and economic development agencies.
3.31(d) "High-wage, high-demand" means occupations that represent at least 0.1 percent
3.32of total employment in the base year, have an annual median salary which is higher than
3.33the average for the current year, and are projected to have more total openings as a share
3.34of employment than the average.
4.1(e) "Low-income" means income less than 200 percent of the federal poverty
4.2guideline adjusted for a family size of four.
4.3(f) "Nontraditional occupations'' means those occupations in which women make
4.4up less than 25 percent of the workforce as defined under United States Code, title 20,
4.5section 2302.
4.6(g) "Registered apprenticeship program'' means a program registered under United
4.7States Code, title 29, section 50.
4.8    Subd. 2. Grant program. The commissioner shall establish the women and
4.9high-wage, high-demand, nontraditional jobs grant program to increase the number of
4.10women in high-wage, high-demand, nontraditional occupations. The commissioner shall
4.11make grants to eligible organizations for programs that encourage and assist women to enter
4.12high-wage, high-demand, nontraditional occupations including but not limited to those in
4.13the skilled trades, science, technology, engineering, and math (STEM) occupations.
4.14    Subd. 3. Use of funds. (a) Grant funds awarded under this section may be used for:
4.15(1) recruitment, preparation, placement, and retention of women, including
4.16low-income women and women over 50 years old, in registered apprenticeships,
4.17postsecondary education programs, on-the-job training, and permanent employment in
4.18high-wage, high-demand, nontraditional occupations;
4.19(2) secondary or postsecondary education or other training to prepare women
4.20to succeed in high-wage, high-demand, nontraditional occupations. Activities under
4.21this clause may be conducted by the grantee or in collaboration with another institution,
4.22including but not limited to a public or private secondary or postsecondary school;
4.23(3) innovative, hands-on, best practices that stimulate interest in high-wage,
4.24high-demand, nontraditional occupations among girls, increase awareness among
4.25girls about opportunities in high-wage, high-demand, nontraditional occupations, or
4.26increase access to secondary programming leading to jobs in high-wage, high-demand,
4.27nontraditional occupations. Best practices include but are not limited to mentoring,
4.28internships, or apprenticeships for girls in high-wage, high-demand, nontraditional
4.29occupations;
4.30(4) training and other staff development for job seeker counselors and Minnesota
4.31family investment program (MFIP) caseworkers on opportunities in high-wage,
4.32high-demand, nontraditional occupations;
4.33(5) incentives for employers and sponsors of registered apprenticeship programs
4.34to retain women in high-wage, high-demand, nontraditional occupations for more than
4.35one year;
5.1(6) training and technical assistance for employers to create a safe and healthy
5.2workplace environment designed to retain and advance women, including best practices
5.3for addressing sexual harassment, and to overcome gender inequity among employers
5.4and registered apprenticeship programs;
5.5(7) public education and outreach activities to overcome stereotypes about women
5.6in high-wage, high-demand, nontraditional occupations, including the development of
5.7educational and marketing materials; and
5.8(8) support for women in high-wage, high-demand, nontraditional occupations
5.9including but not limited to assistance with workplace issues resolution and access to
5.10advocacy assistance and services.
5.11(b) Grant applications must include detailed information about how the applicant
5.12plans to:
5.13(1) increase women's participation in high-wage, high-demand occupations in which
5.14women are currently underrepresented in the workforce;
5.15(2) comply with the requirements under subdivision 3; and
5.16(3) use grant funds in conjunction with funding from other public or private sources.
5.17(c) In awarding grants under this subdivision, the commissioner shall give priority
5.18to eligible organizations:
5.19(1) with demonstrated success in recruiting and preparing women, especially
5.20low-income women and women over 50 years old, for high-wage, high-demand,
5.21nontraditional occupations; and
5.22(2) that leverage additional public and private resources.
5.23(d) At least 50 percent of total grant funds must be awarded to programs providing
5.24services and activities targeted to low-income women.
5.25(e) The commissioner of employment and economic development in conjunction
5.26with the commissioner of labor and industry shall monitor the use of funds under this
5.27section, collect and compile information on the activities of other state agencies and public
5.28or private entities that have purposes similar to those under this section, and identify other
5.29public and private funding available for these purposes.

5.30    Sec. 4. Minnesota Statutes 2012, section 268.095, subdivision 1, is amended to read:
5.31    Subdivision 1. Quit. An applicant who quit employment is ineligible for all
5.32unemployment benefits according to subdivision 10 except when:
5.33    (1) the applicant quit the employment because of a good reason caused by the
5.34employer as defined in subdivision 3;
6.1    (2) the applicant quit the employment to accept other covered employment that
6.2provided substantially better terms and conditions of employment, but the applicant did
6.3not work long enough at the second employment to have sufficient subsequent earnings to
6.4satisfy the period of ineligibility that would otherwise be imposed under subdivision 10
6.5for quitting the first employment;
6.6    (3) the applicant quit the employment within 30 calendar days of beginning the
6.7employment because the employment was unsuitable for the applicant;
6.8    (4) the employment was unsuitable for the applicant and the applicant quit to enter
6.9reemployment assistance training;
6.10    (5) the employment was part time and the applicant also had full-time employment
6.11in the base period, from which full-time employment the applicant separated because of
6.12reasons for which the applicant was held not to be ineligible, and the wage credits from
6.13the full-time employment are sufficient to meet the minimum requirements to establish a
6.14benefit account under section 268.07;
6.15    (6) the applicant quit because the employer notified the applicant that the applicant
6.16was going to be laid off because of lack of work within 30 calendar days. An applicant
6.17who quit employment within 30 calendar days of a notified date of layoff because of lack
6.18of work is ineligible for unemployment benefits through the end of the week that includes
6.19the scheduled date of layoff;
6.20    (7) the applicant quit the employment (i) because the applicant's serious illness or
6.21injury made it medically necessary that the applicant quit; or (ii) in order to provide
6.22necessary care because of the illness, injury, or disability of an immediate family member
6.23of the applicant. This exception only applies if the applicant informs the employer of
6.24the medical problem and requests accommodation and no reasonable accommodation
6.25is made available.
6.26    If the applicant's serious illness is chemical dependency, this exception does not
6.27apply if the applicant was previously diagnosed as chemically dependent or had treatment
6.28for chemical dependency, and since that diagnosis or treatment has failed to make
6.29consistent efforts to control the chemical dependency.
6.30    This exception raises an issue of the applicant's being available for suitable
6.31employment under section 268.085, subdivision 1, that the commissioner must determine;
6.32    (8) the applicant's loss of child care for the applicant's minor child caused the
6.33applicant to quit the employment, provided the applicant made reasonable effort to obtain
6.34other child care and requested time off or other accommodation from the employer and no
6.35reasonable accommodation is available.
7.1    This exception raises an issue of the applicant's being available for suitable
7.2employment under section 268.085, subdivision 1, that the commissioner must determine;
7.3    (9) the applicant quit because domestic abuse, sexual assault, or stalking of the
7.4applicant or an immediate family member of the applicant, necessitated the applicant's
7.5quitting the employment. Domestic abuse must be shown by one or more of the following:
7.6    (i) a district court order for protection or other documentation of equitable relief
7.7issued by a court;
7.8    (ii) a police record documenting the domestic abuse;
7.9    (iii) documentation that the perpetrator of the domestic abuse has been convicted
7.10of the offense of domestic abuse;
7.11    (iv) medical documentation of domestic abuse; or
7.12    (v) written statement that the applicant or an immediate family member of the
7.13applicant is a victim of domestic abuse, provided by a social worker, member of the
7.14clergy, shelter worker, attorney at law, or other professional who has assisted the applicant
7.15in dealing with the domestic abuse.
7.16    Domestic abuse for purposes of this clause is defined under section 518B.01; or
7.17For purposes of this subdivision:
7.18(i) "domestic abuse" has the meaning given in section 518B.01;
7.19(ii) "sexual assault" means an act that would constitute a violation of sections
7.20609.342 to 609.3453 or 609.352; and
7.21(iii) "stalking" means an act that would constitute a violation of section 609.749; or
7.22(10) the applicant quit in order to relocate to accompany a spouse whose job location
7.23changed making it impractical for the applicant to commute.
7.24EFFECTIVE DATE.This section is effective October 5, 2014, and applies to all
7.25determinations and appeal decisions issued on or after that date.

7.26    Sec. 5. Minnesota Statutes 2012, section 268.095, subdivision 6, is amended to read:
7.27    Subd. 6. Employment misconduct defined. (a) Employment misconduct means any
7.28intentional, negligent, or indifferent conduct, on the job or off the job that displays clearly:
7.29(1) a serious violation of the standards of behavior the employer has the right to
7.30reasonably expect of the employee; or
7.31(2) a substantial lack of concern for the employment.
7.32(b) Regardless of paragraph (a), the following is not employment misconduct:
7.33(1) conduct that was a consequence of the applicant's mental illness or impairment;
7.34    (2) conduct that was a consequence of the applicant's inefficiency or inadvertence;
7.35(3) simple unsatisfactory conduct;
8.1(4) conduct an average reasonable employee would have engaged in under the
8.2circumstances;
8.3(5) conduct that was a consequence of the applicant's inability or incapacity;
8.4(6) good faith errors in judgment if judgment was required;
8.5(7) absence because of illness or injury of the applicant, with proper notice to the
8.6employer;
8.7(8) absence, with proper notice to the employer, in order to provide necessary care
8.8because of the illness, injury, or disability of an immediate family member of the applicant;
8.9    (9) conduct that was a consequence of the applicant's chemical dependency, unless
8.10the applicant was previously diagnosed chemically dependent or had treatment for
8.11chemical dependency, and since that diagnosis or treatment has failed to make consistent
8.12efforts to control the chemical dependency; or
8.13    (10) conduct that was a consequence of the applicant, or an immediate family
8.14member of the applicant, being a victim of domestic abuse as defined under section
8.15518B.01, sexual assault, or stalking. Domestic abuse must be shown as provided for in
8.16subdivision 1, clause (9). For the purposes of this subdivision, "domestic abuse," "sexual
8.17assault," and "stalking" have the meanings given them in subdivision 1.
8.18    (c) Regardless of paragraph (b), clause (9), conduct in violation of sections 169A.20,
8.19169A.31 , or 169A.50 to 169A.53 that interferes with or adversely affects the employment
8.20is employment misconduct.
8.21(d) If the conduct for which the applicant was discharged involved only a single
8.22incident, that is an important fact that must be considered in deciding whether the conduct
8.23rises to the level of employment misconduct under paragraph (a). This paragraph does
8.24not require that a determination under section 268.101 or decision under section 268.105
8.25contain a specific acknowledgment or explanation that this paragraph was considered.
8.26    (e) The definition of employment misconduct provided by this subdivision is
8.27exclusive and no other definition applies.
8.28EFFECTIVE DATE.This section is effective October 5, 2014, and applies to all
8.29determinations and appeal decisions issued on or after that date.

8.30    Sec. 6. [363A.44] EQUAL PAY CERTIFICATE.
8.31    Subdivision 1. Scope. (a) No department, agency of the state, the Metropolitan
8.32Council, or an agency subject to section 473.143, subdivision 1, shall execute a contract or
8.33agreement in excess of $500,000 with a business that has 40 or more full-time employees
8.34in this state or a state where the business has its primary place of business on a single
9.1day during the prior 12 months, unless the business has an equal pay certificate or it has
9.2certified in writing that it is exempt. A certificate is valid for four years.
9.3    (b) This section does not apply to a business with respect to a specific contract if
9.4the commissioner of administration determines that application of this section would
9.5cause undue hardship to the contracting entity. This section does not apply to a contract
9.6to provide goods and services to individuals under chapters 43A, 62A, 62C, 62D, 62E,
9.7256B, 256I, 256L, and 268A, with a business that has a license, certification, registration,
9.8provider agreement, or provider enrollment contract that is prerequisite to providing those
9.9goods and services. This section does not apply to contracts entered into by the State
9.10Board of Investment for investment options under section 352.965, subdivision 4.
9.11    Subd. 2. Application. (a) A business shall apply for an equal pay certificate
9.12by paying a $150 filing fee and submitting an equal pay compliance statement to the
9.13commissioner. The proceeds from the fees collected under this subdivision shall be
9.14deposited in an equal pay certificate special revenue account. Money in the account is
9.15appropriated to the commissioner for the purposes of this section. The commissioner shall
9.16issue an equal pay certificate of compliance to a business that submits to the commissioner
9.17a statement signed by the chairperson of the board or chief executive officer of the business:
9.18    (1) that the business is in compliance with Title VII of the Civil Rights Act of 1964,
9.19Equal Pay Act of 1963, Minnesota Human Rights Act, and Minnesota Equal Pay for
9.20Equal Work Law;
9.21    (2) that the average compensation for its female employees is not consistently
9.22below the average compensation for its male employees within each of the major job
9.23categories in the EEO-1 employee information report for which an employee is expected
9.24to perform work under the contract, taking into account factors such as length of service,
9.25requirements of specific jobs, experience, skill, effort, responsibility, working conditions
9.26of the job, or other mitigating factors;
9.27    (3) that the business does not restrict employees of one sex to certain job
9.28classifications and makes retention and promotion decisions without regard to sex;
9.29    (4) that wage and benefit disparities are corrected when identified to ensure
9.30compliance with the laws cited in clause (1) and with clause (2); and
9.31    (5) how often wages and benefits are evaluated to ensure compliance with the laws
9.32cited in clause (1) and with clause (2).
9.33    (b) The equal pay compliance statement shall also indicate whether the business, in
9.34setting compensation and benefits, utilizes:
9.35    (1) a market pricing approach;
9.36    (2) state prevailing wage or union contract requirements;
10.1    (3) a performance pay system;
10.2    (4) an internal analysis; or
10.3    (5) an alternative approach to determine what level of wages and benefits to pay
10.4its employees. If the business uses an alternative approach, the business must provide a
10.5description of its approach.
10.6    (c) Receipt of the equal pay compliance statement by the commissioner does not
10.7establish compliance with the laws set forth in paragraph (a), clause (1).
10.8    Subd. 3. Issuance or rejection of certificate. The commissioner must issue an
10.9equal pay certificate, or a statement of why the application was rejected, within 15 days of
10.10receipt of the application. An application may be rejected only if it does not comply with
10.11the requirements of subdivision 2.
10.12    Subd. 4. Revocation of certificate. An equal pay certificate for a business may be
10.13suspended or revoked by the commissioner when the business fails to make a good-faith
10.14effort to comply with the laws identified in subdivision 2, paragraph (a), clause (1), fails
10.15to make a good-faith effort to comply with this section, or has multiple violations of
10.16this section or the laws identified in subdivision 2, paragraph (a), clause (1). Prior to
10.17suspending or revoking a certificate, the commissioner must first have sought to conciliate
10.18with the business regarding wages and benefits due to employees.
10.19    Subd. 5. Revocation of contract. (a) If a contract is awarded to a business that
10.20does not have an equal pay certificate as required under subdivision 1, or that is not in
10.21compliance with subdivision 2, paragraph (a), the commissioner may void the contract
10.22on behalf of the state. The contract award entity that is a party to the agreement must be
10.23notified by the commissioner prior to the commissioner taking action to void the contract.
10.24    (b) A contract may be abridged or terminated by the contract award entity identified
10.25in subdivision 1 upon notice that the commissioner has suspended or revoked the
10.26certificate of the business.
10.27    Subd. 6. Administrative review. (a) A business may obtain an administrative
10.28hearing pursuant to sections 14.57 to 14.69 before the suspension or revocation of its
10.29certificate is effective by filing a written request for hearing 20 days after service of notice
10.30by the commissioner.
10.31    (b) A business may obtain an administrative hearing pursuant to sections 14.57
10.32to 14.69 before the contract award entity's abridgement or termination of a contract is
10.33effective by filing a written request for a hearing 20 days after service of notice by the
10.34contract award entity.
10.35    Subd. 7. Technical assistance. The commissioner must provide technical assistance
10.36to any business that requests assistance regarding this section.
11.1    Subd. 8. Audit. The commissioner may audit the business's compliance with this
11.2section. As part of an audit, upon request, a business must provide the commissioner the
11.3following information with respect to employees expected to perform work under the
11.4contract in each of the major job categories in the EEO-1 employee information report:
11.5    (1) number of male employees;
11.6    (2) number of female employees;
11.7    (3) average annualized salaries paid to male employees and to female employees,
11.8in the manner most consistent with the employer's compensation system, within each
11.9major job category;
11.10    (4) information on performance payments, benefits, or other elements of
11.11compensation, in the manner most consistent with the employer's compensation system, if
11.12requested by the commissioner as part of a determination as to whether these elements of
11.13compensation are different for male and female employees;
11.14    (5) average length of service for male and female employees in each major job
11.15category; and
11.16    (6) other information identified by the business or by the commissioner, as needed,
11.17to determine compliance with items specified in subdivision 2, paragraph (a).
11.18    Subd. 9. Access to data. Data submitted to the commissioner related to equal pay
11.19certificates are private data on individuals or nonpublic data with respect to persons other
11.20than department employees. The commissioner's decision to issue, not issue, revoke, or
11.21suspend an equal pay certificate is public data.
11.22    Subd. 10. Report. The commissioner shall report to the governor and the chairs and
11.23ranking minority members of the committees in the senate and the house of representatives
11.24with primary jurisdiction over the department by January 31 of every even-numbered
11.25year, beginning January 31, 2016. The report shall indicate the number of equal pay
11.26certificates issued, the number of audits conducted, the processes used by contractors
11.27to ensure compliance with subdivision 2, paragraph (a), and a summary of its auditing
11.28efforts. The commissioner shall consult with the Legislative Coordinating Commission
11.29Office on the Economic Status of Women in preparing the report.
11.30EFFECTIVE DATE.This section is effective August 1, 2014, and applies to any
11.31solicitation made on or after that date.

11.32    Sec. 7. HIGH-WAGE, HIGH-DEMAND, NONTRADITIONAL JOBS
11.33PROGRAM APPROPRIATION.
11.34$500,000 is appropriated from the workforce development fund in fiscal year
11.352015 to the commissioner of employment and economic development to develop and
12.1implement the women and high-wage, high-demand, nontraditional jobs grant program
12.2under Minnesota Statutes, section 116L.99. Funds available under this section must not
12.3supplant other funds available for the same purposes. The commissioner may use up
12.4to five percent of the appropriation to administer the grant program. This is a onetime
12.5appropriation and is available until expended.

12.6    Sec. 8. WOMEN ENTREPRENEURS BUSINESS DEVELOPMENT;
12.7APPROPRIATION.
12.8(a) $500,000 in fiscal year 2015 is appropriated from the general fund to the
12.9commissioner of employment and economic development for grants to Women Venture and
12.10the Women's Business Center of Northeastern Minnesota at the Northeast Entrepreneurial
12.11Fund to facilitate and promote the creation and expansion of women-owned businesses
12.12in Minnesota. Funds available under this section must be divided equally among grant
12.13recipients. This is a onetime appropriation and is available until expended. Grant funds
12.14may be used only for the purposes under paragraph (b) except that up to ten percent of
12.15each grant award may be used by grant recipients for administrative costs.
12.16(b) Grants awarded under this section must be used for:
12.17(1) entrepreneurial training, mentoring, and technical assistance for the startup or
12.18expansion of eligible women-owned businesses;
12.19(2) development of networks of potential investors for eligible women-owned
12.20businesses;
12.21(3) development of outreach activities and recruitment programs for midcareer
12.22women with an interest in starting eligible women-owned businesses; and
12.23(4) compilation, development, and dissemination of resources, information, and
12.24technical assistance on best practices and model programs that may be replicated on a
12.25statewide basis.
12.26(c) For the purposes of this section "eligible women-owned business" means a
12.27business entity:
12.28(1) that is at least 51 percent female owned or, in the case of a publicly traded
12.29business, at least 51 percent of the stock is female owned;
12.30(2) whose management and daily operations are controlled by women;
12.31(3) that is organized for profit;
12.32(4) that is projected to generate at least $500,000 in annual revenue and create at
12.33least ten jobs, each of which pay an annual income equal to at least 200 percent of the
12.34federal poverty guideline adjusted for a family size of four; and
13.1(5) in the field of construction; transportation; warehousing; agriculture; mining;
13.2finance; insurance; professional, technical, or scientific services; technology; or other
13.3industries with businesses meeting the revenue and job creation requirements of clause (4).
13.4(d) A grant award under this section does not affect any other grant award or
13.5appropriation made to a grant recipient.
13.6    (e) The Women's Business Center of Northeastern Minnesota shall partner with
13.7the Arrowhead Economic Opportunity Agency to provide entrepreneurial development
13.8training and resources to women with incomes less than 200 percent of the federal poverty
13.9guideline, adjusted for a family size of four, to assist with the start-up or expansion of
13.10eligible women-owned businesses.

13.11    Sec. 9. WOMEN AND HIGH-WAGE, HIGH-DEMAND, NONTRADITIONAL
13.12JOBS APPRENTICESHIPS; APPROPRIATION.
13.13$250,000 is appropriated from the workforce development fund in fiscal year 2015
13.14to the commissioner of labor and industry for the labor education advancement program
13.15under Minnesota Statutes, section 178.11, to educate, promote, assist, and support women
13.16to enter apprenticeship programs in high-wage, high-demand, nontraditional occupations.
13.17Funds available under this section must not supplant other funds available for the same
13.18purposes. This is a onetime appropriation and is available until expended.

13.19    Sec. 10. REPORT; RETIREMENT SAVINGS PLAN.
13.20    (a) The commissioner of management and budget must report to the legislature
13.21by January 15, 2015, on the potential for a state-administered retirement savings plan
13.22to serve employees without access to either an automatic enrollment payroll deduction
13.23IRA maintained or offered by their employer, or a multiemployer retirement plan or
13.24qualifying retirement plan or arrangement described in sections 414(f) and 219(g)(5),
13.25respectively, of the Internal Revenue Code of 1986, as amended through April 14, 2011.
13.26The potential state-administered plan would provide for individuals to make contributions
13.27to their own accounts to be pooled and invested by the State Board of Investment, with the
13.28benefit consisting of the balance in each individual's account, and with the state having no
13.29liability for investment earnings and losses, while discouraging employers from dropping
13.30existing retirement plan options.
13.31    (b) The report must include:
13.32    (1) estimates of the number of Minnesota workers who could be served by the
13.33potential state-administered plan, and the participation rate that would make the plan
13.34self-sustaining;
14.1    (2) the effect of federal tax laws and the federal Employee Retirement Income
14.2Security Act on a potential state-administered plan and on participating employers and
14.3employees, including coverage and potential gaps in consumer protections;
14.4    (3) barriers to savings and reasons individuals and employers may not be
14.5participating in existing private sector retirement plans;
14.6    (4) the potential use and availability of investment strategies, private insurance,
14.7underwriting, or reinsurance against loss to limit or eliminate potential state liability
14.8and manage risk to the principal;
14.9    (5) options for the process by which individuals would enroll in and contribute to
14.10the plan;
14.11    (6) projected costs of administration, record keeping, and investment management,
14.12including staffing, legal, compliance, licensing, procurement, communications with
14.13employers and employees, oversight, marketing, technology and infrastructure, and the fee
14.14needed to cover these costs as a percentage of the average daily net assets of the potential
14.15state-administered plan, relative to asset size, with estimates of investment-related fees
14.16determined in consultation with the State Board of Investment; and
14.17    (7) a comparison of a potential state-administered plan to private sector and federal
14.18government retirement savings options with regard to participation rates, contribution
14.19rates, risk-adjusted return expectations, fees, and any other factors determined by
14.20the commissioner, which may include suitability in meeting the investment needs of
14.21participants.
14.22    (c) Subject to available appropriations, the report may include:
14.23    (1) estimates of the average amount of savings and other financial resources residents
14.24of Minnesota have upon retirement and those that are recommended for a financially
14.25secure retirement in Minnesota;
14.26    (2) estimates of the relative progress toward achieving the savings recommended for
14.27a financially secure retirement by gender, race, and ethnicity;
14.28    (3) the estimated impact on publicly funded social safety net programs attributable
14.29to insufficient retirement savings, and the aggregate effect of potential state-administered
14.30plan options on publicly funded social safety net programs and the state economy;
14.31    (4) the effect of federal tax laws and the federal Employee Retirement Income
14.32Security Act on a potential state-administered plan that allows for voluntary employer
14.33contributions, either commingled with or segregated from employee contributions;
14.34    (5) options for a potential state-administered plan to use group annuities to ensure a
14.35stable stream of retirement income throughout beneficiaries' retirement years;
15.1    (6) alternative ways and costs for the state to encourage similar outcomes to a
15.2state-administered plan;
15.3    (7) options discouraging employers from dropping existing employer-sponsored
15.4retirement savings plans in favor of a potential state-administered plan; and
15.5    (8) other topics that the commissioner determines are relevant to legislative
15.6consideration of possible establishment of a state-administered plan.
15.7    (d) The commissioner may provide information for purposes of paragraph (c) by
15.8reporting the results of a request for public comment.
15.9EFFECTIVE DATE.This section is effective the day following final enactment.

15.10    Sec. 11. RETIREMENT SAVINGS PLAN REPORT; APPROPRIATION.
15.11    $400,000 in fiscal year 2014 is appropriated from the general fund to the
15.12commissioner of management and budget for the retirement savings plan report under
15.13section 10. This is a onetime appropriation and is available until expended.
15.14EFFECTIVE DATE.This section is effective the day following final enactment.

15.15    Sec. 12. APPROPRIATION; PAY EQUITY.
15.16$674,000 in fiscal year 2015 is appropriated from the general fund to the
15.17commissioner of human rights for implementation of Minnesota Statutes, section
15.18363A.44. The agency base budget for this purpose is $426,000 each year in fiscal years
15.192016 and 2017.


15.22    Section 1. Minnesota Statutes 2012, section 181.940, subdivision 2, is amended to read:
15.23    Subd. 2. Employee. "Employee" means a person who performs services for hire for
15.24an employer from whom a leave is requested under sections 181.940 to 181.944 for:
15.25(1) at least 12 consecutive months immediately preceding the request; and
15.26(2) for an average number of hours per week equal to one-half the full-time
15.27equivalent position in the employee's job classification as defined by the employer's
15.28personnel policies or practices or pursuant to the provisions of a collective bargaining
15.29agreement, during those 12 months the 12-month period immediately preceding the leave.
15.30Employee includes all individuals employed at any site owned or operated by the
15.31employer but does not include an independent contractor.

16.1    Sec. 2. Minnesota Statutes 2012, section 181.941, is amended to read:
16.2181.941 PREGNANCY AND PARENTING LEAVE.
16.3    Subdivision 1. Six Twelve-week leave; pregnancy, birth, or adoption. (a) An
16.4employer must grant an unpaid leave of absence to an employee who is a natural or
16.5adoptive parent in conjunction with the birth or adoption of a child. The length of the
16.6leave shall be determined by the employee, but may not exceed six weeks, unless agreed
16.7to by the employer.:
16.8(1) a biological or adoptive parent in conjunction with the birth or adoption of a
16.9child; or
16.10(2) a female employee for prenatal care, or incapacity due to pregnancy, childbirth,
16.11or related health conditions.
16.12(b) The length of the leave shall be determined by the employee, but must not exceed
16.1312 weeks, unless agreed to by the employer.
16.14    Subd. 2. Start of leave. The leave shall begin at a time requested by the employee.
16.15The employer may adopt reasonable policies governing the timing of requests for unpaid
16.16leave. and may require an employee who plans to take a leave under this section to give
16.17the employer reasonable notice of the date the leave shall commence and the estimated
16.18duration of the leave. For leave taken under subdivision 1, paragraph (a), clause (1), the
16.19leave may must begin not more than six weeks after within 12 months of the birth or
16.20adoption; except that, in the case where the child must remain in the hospital longer than
16.21the mother, the leave may not must begin more than six weeks within 12 months after the
16.22child leaves the hospital.
16.23    Subd. 3. No employer retribution. An employer shall not retaliate against an
16.24employee for requesting or obtaining a leave of absence as provided by this section.
16.25    Subd. 4. Continued insurance. The employer must continue to make coverage
16.26available to the employee while on leave of absence under any group insurance policy,
16.27group subscriber contract, or health care plan for the employee and any dependents.
16.28Nothing in this section requires the employer to pay the costs of the insurance or health
16.29care while the employee is on leave of absence.

16.30    Sec. 3. Minnesota Statutes 2013 Supplement, section 181.9413, is amended to read:
16.31181.9413 SICK LEAVE BENEFITS; CARE OF RELATIVES.
16.32    (a) An employee may use personal sick leave benefits provided by the employer
16.33for absences due to an illness of or injury to the employee's child, as defined in section
16.34181.940, subdivision 4 , adult child, spouse, sibling, parent, mother-in-law, father-in-law,
16.35grandchild, grandparent, or stepparent, for reasonable periods of time as the employee's
17.1attendance may be necessary, on the same terms upon which the employee is able to use
17.2sick leave benefits for the employee's own illness or injury. This section applies only to
17.3personal sick leave benefits payable to the employee from the employer's general assets.
17.4    (b) An employee may use sick leave as allowed under this section for safety leave,
17.5whether or not the employee's employer allows use of sick leave for that purpose for such
17.6reasonable periods of time as may be necessary. Safety leave may be used for assistance
17.7to the employee or assistance to the relatives described in paragraph (a). For the purpose
17.8of this section, "safety leave" is leave for the purpose of providing or receiving assistance
17.9because of sexual assault, domestic abuse, or stalking. For the purpose of this paragraph:
17.10    (1) "domestic abuse" has the meaning given in section 518B.01;
17.11    (2) "sexual assault" means an act that constitutes a violation under sections 609.342
17.12to 609.3453 or 609.352; and
17.13    (3) "stalking" has the meaning given in section 609.749.
17.14    (c) An employer may limit the use of safety leave as described in paragraph (b) or
17.15personal sick leave benefits provided by the employer for absences due to an illness of or
17.16injury to the employee's adult child, spouse, sibling, parent, mother-in-law, father-in-law,
17.17grandchild, grandparent, or stepparent to no less than 160 hours in any 12-month period.
17.18This paragraph does not apply to absences due to the illness or injury of a child, as defined
17.19in section 181.940, subdivision 4.
17.20    (c) (d) For purposes of this section, "personal sick leave benefits" means time
17.21accrued and available to an employee to be used as a result of absence from work due
17.22to personal illness or injury, but does not include short-term or long-term disability or
17.23other salary continuation benefits.
17.24    (d) (e) For the purpose of this section, "child" includes a stepchild and a biological,
17.25adopted, and foster child.
17.26    (f) For the purpose of this section, "grandchild" includes a step-grandchild, and a
17.27biological, adopted, and foster grandchild.
17.28    (e) (g) This section does not prevent an employer from providing greater sick leave
17.29benefits than are provided for under this section.
17.30    (h) An employer shall not retaliate against an employee for requesting or obtaining a
17.31leave of absence under this section.

17.32    Sec. 4. [181.9414] PREGNANCY ACCOMMODATIONS.
17.33    Subdivision 1. Accommodation. An employer must provide reasonable
17.34accommodations to an employee for health conditions related to pregnancy or childbirth if
17.35she so requests, with the advice of her licensed health care provider or certified doula,
18.1unless the employer demonstrates that the accommodation would impose an undue
18.2hardship on the operation of the employer's business. A pregnant employee shall not be
18.3required to obtain the advice of her licensed health care provider or certified doula, nor
18.4may an employer claim undue hardship for the following accommodations: (1) more
18.5frequent restroom, food, and water breaks; (2) seating; and (3) limits on lifting over 20
18.6pounds. The employee and employer shall engage in an interactive process with respect to
18.7an employee's request for a reasonable accommodation. "Reasonable accommodation"
18.8may include, but is not limited to, temporary transfer to a less strenuous or hazardous
18.9position, seating, frequent restroom breaks, and limits to heavy lifting. Notwithstanding
18.10any other provision of this section, an employer shall not be required to create a new or
18.11additional position in order to accommodate an employee pursuant to this section, and
18.12shall not be required to discharge any employee, transfer any other employee with greater
18.13seniority, or promote any employee.
18.14    Subd. 2. Interaction with other laws. Nothing in this section shall be construed to
18.15affect any other provision of law relating to sex discrimination or pregnancy, or in any
18.16way to diminish the coverage of pregnancy, childbirth, or health conditions related to
18.17pregnancy or childbirth under any other provisions of any other law.
18.18    Subd. 3. No employer retribution. An employer shall not retaliate against an
18.19employee for requesting or obtaining accommodation under this section.
18.20    Subd. 4. Employee not required to take leave. An employer shall not require an
18.21employee to take a leave or accept an accommodation.
18.22EFFECTIVE DATE.This section is effective the day following final enactment.

18.23    Sec. 5. Minnesota Statutes 2012, section 181.943, is amended to read:
18.24181.943 RELATIONSHIP TO OTHER LEAVE.
18.25(a) The length of parental leave provided under section 181.941 may be reduced
18.26by any period of paid parental or disability leave, but not accrued sick leave, provided
18.27by the employer, so that the total leave does not exceed six weeks, unless agreed to by
18.28the employer.:
18.29(1) paid parental, disability, personal, medical, or sick leave, or accrued vacation
18.30provided by the employer so that the total leave does not exceed 12 weeks, unless agreed
18.31to by the employer; or
18.32(2) leave taken for the same purpose by the employee under United States Code,
18.33title 29, chapter 28.
19.1(b) Nothing in sections 181.940 to 181.943 prevents any employer from providing
19.2leave benefits in addition to those provided in sections 181.940 to 181.944 or otherwise
19.3affects an employee's rights with respect to any other employment benefit.


19.6    Section 1. Minnesota Statutes 2013 Supplement, section 177.27, subdivision 4, is
19.7amended to read:
19.8    Subd. 4. Compliance orders. The commissioner may issue an order requiring an
19.9employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
19.10181.101 , 181.11, 181.12, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d),
19.11 181.275, subdivision 2a , 181.722, and 181.79, and 181.939 to 181.943, or with any rule
19.12promulgated under section 177.28. The commissioner shall issue an order requiring an
19.13employer to comply with sections 177.41 to 177.435 if the violation is repeated. For
19.14purposes of this subdivision only, a violation is repeated if at any time during the two years
19.15that preceded the date of violation, the commissioner issued an order to the employer for
19.16violation of sections 177.41 to 177.435 and the order is final or the commissioner and the
19.17employer have entered into a settlement agreement that required the employer to pay back
19.18wages that were required by sections 177.41 to 177.435. The department shall serve the
19.19order upon the employer or the employer's authorized representative in person or by
19.20certified mail at the employer's place of business. An employer who wishes to contest the
19.21order must file written notice of objection to the order with the commissioner within 15
19.22calendar days after being served with the order. A contested case proceeding must then be
19.23held in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being
19.24served with the order, the employer fails to file a written notice of objection with the
19.25commissioner, the order becomes a final order of the commissioner.

19.26    Sec. 2. [181.172] WAGE DISCLOSURE PROTECTION.
19.27(a) An employer shall not:
19.28(1) require nondisclosure by an employee of his or her wages as a condition of
19.29employment;
19.30(2) require an employee to sign a waiver or other document which purports to deny
19.31an employee the right to disclose the employee's wages; or
19.32(3) take any adverse employment action against an employee for disclosing the
19.33employee's own wages or discussing another employee's wages which have been disclosed
19.34voluntarily.
20.1(b) Nothing in this section shall be construed to:
20.2(1) create an obligation on any employer or employee to disclose wages;
20.3(2) permit an employee, without the written consent of the employer, to disclose
20.4proprietary information, trade secret information, or information that is otherwise subject
20.5to a legal privilege or protected by law;
20.6(3) diminish any existing rights under the National Labor Relations Act under
20.7United States Code, title 29; or
20.8(4) permit the employee to disclose wage information of other employees to a
20.9competitor of their employer.
20.10(c) An employer that provides an employee handbook to its employees must include
20.11in the handbook notice of employee rights and remedies under this section.
20.12(d) An employer may not retaliate against an employee for asserting rights or
20.13remedies under this section.
20.14(e) An employee may bring a civil action against an employer for a violation of
20.15paragraph (a) or (d). If a court finds that an employer has violated paragraph (a) or (d), the
20.16court may order reinstatement, back pay, restoration of lost service credit, if appropriate,
20.17and the expungement of any related adverse records of an employee who was the subject
20.18of the violation.

20.19    Sec. 3. Minnesota Statutes 2012, section 181.939, is amended to read:
20.20181.939 NURSING MOTHERS.
20.21(a) An employer must provide reasonable unpaid break time each day to an
20.22employee who needs to express breast milk for her infant child. The break time must,
20.23if possible, run concurrently with any break time already provided to the employee. An
20.24employer is not required to provide break time under this section if to do so would unduly
20.25disrupt the operations of the employer.
20.26(b) The employer must make reasonable efforts to provide a room or other location,
20.27in close proximity to the work area, other than a bathroom or a toilet stall, that is shielded
20.28from view and free from intrusion from coworkers and the public and that includes access
20.29to an electrical outlet, where the employee can express her milk in privacy. The employer
20.30would be held harmless if reasonable effort has been made.
20.31(c) For the purposes of this section, "employer" means a person or entity that
20.32employs one or more employees and includes the state and its political subdivisions.
20.33(d) An employer may not retaliate against an employee for asserting rights or
20.34remedies under this section.

21.1    Sec. 4. Minnesota Statutes 2012, section 181.9435, subdivision 1, is amended to read:
21.2    Subdivision 1. Investigation. The Division of Labor Standards and Apprenticeship
21.3shall receive complaints of employees against employers relating to sections 181.940
21.4 181.172, paragraph (a) or (d), and 181.939 to 181.9436 and investigate informally whether
21.5an employer may be in violation of sections 181.940 181.172, paragraph (a) or (d), and
21.6181.939 to 181.9436. The division shall attempt to resolve employee complaints by
21.7informing employees and employers of the provisions of the law and directing employers
21.8to comply with the law. For complaints related to section 181.939, the division must
21.9contact the employer within two business days and investigate the complaint within ten
21.10days of receipt of the complaint.

21.11    Sec. 5. Minnesota Statutes 2012, section 181.944, is amended to read:
21.12181.944 INDIVIDUAL REMEDIES.
21.13In addition to any other remedies provided by law, a person injured by a violation
21.14of sections 181.940 181.172, paragraph (a) or (d), and 181.939 to 181.943 may bring a
21.15civil action to recover any and all damages recoverable at law, together with costs and
21.16disbursements, including reasonable attorney's fees, and may receive injunctive and other
21.17equitable relief as determined by a court.

21.18    Sec. 6. Minnesota Statutes 2012, section 363A.08, subdivision 1, is amended to read:
21.19    Subdivision 1. Labor organization. Except when based on a bona fide occupational
21.20qualification, it is an unfair employment practice for a labor organization, because of race,
21.21color, creed, religion, national origin, sex, marital status, status with regard to public
21.22assistance, familial status, disability, sexual orientation, or age:
21.23(1) to deny full and equal membership rights to a person seeking membership or
21.24to a member;
21.25(2) to expel a member from membership;
21.26(3) to discriminate against a person seeking membership or a member with respect
21.27to hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities,
21.28or privileges of employment; or
21.29(4) to fail to classify properly, or refer for employment or otherwise to discriminate
21.30against a person or member.
21.31EFFECTIVE DATE.This section is effective the day following final enactment.

21.32    Sec. 7. Minnesota Statutes 2012, section 363A.08, subdivision 2, is amended to read:
22.1    Subd. 2. Employer. Except when based on a bona fide occupational qualification, it
22.2is an unfair employment practice for an employer, because of race, color, creed, religion,
22.3national origin, sex, marital status, status with regard to public assistance, familial status,
22.4 membership or activity in a local commission, disability, sexual orientation, or age to:
22.5(1) refuse to hire or to maintain a system of employment which unreasonably
22.6excludes a person seeking employment; or
22.7(2) discharge an employee; or
22.8(3) discriminate against a person with respect to hiring, tenure, compensation, terms,
22.9upgrading, conditions, facilities, or privileges of employment.
22.10EFFECTIVE DATE.This section is effective the day following final enactment.

22.11    Sec. 8. Minnesota Statutes 2012, section 363A.08, subdivision 3, is amended to read:
22.12    Subd. 3. Employment agency. Except when based on a bona fide occupational
22.13qualification, it is an unfair employment practice for an employment agency, because of
22.14race, color, creed, religion, national origin, sex, marital status, status with regard to public
22.15assistance, familial status, disability, sexual orientation, or age to:
22.16(1) refuse or fail to accept, register, classify properly, or refer for employment or
22.17otherwise to discriminate against a person; or
22.18(2) comply with a request from an employer for referral of applicants for
22.19employment if the request indicates directly or indirectly that the employer fails to comply
22.20with the provisions of this chapter.
22.21EFFECTIVE DATE.This section is effective the day following final enactment.

22.22    Sec. 9. Minnesota Statutes 2012, section 363A.08, subdivision 4, is amended to read:
22.23    Subd. 4. Employer, employment agency, or labor organization. (a) Except when
22.24based on a bona fide occupational qualification, it is an unfair employment practice for an
22.25employer, employment agency, or labor organization, before a person is employed by an
22.26employer or admitted to membership in a labor organization, to:
22.27(1) require or request the person to furnish information that pertains to race, color,
22.28creed, religion, national origin, sex, marital status, status with regard to public assistance,
22.29 familial status, disability, sexual orientation, or age; or, subject to section 363A.20,
22.30to require or request a person to undergo physical examination; unless for the sole and
22.31exclusive purpose of national security, information pertaining to national origin is required
22.32by the United States, this state or a political subdivision or agency of the United States or
22.33this state, or for the sole and exclusive purpose of compliance with the Public Contracts Act
23.1or any rule, regulation, or laws of the United States or of this state requiring the information
23.2or examination. A law enforcement agency may, after notifying an applicant for a peace
23.3officer or part-time peace officer position that the law enforcement agency is commencing
23.4the background investigation on the applicant, request the applicant's date of birth, gender,
23.5and race on a separate form for the sole and exclusive purpose of conducting a criminal
23.6history check, a driver's license check, and fingerprint criminal history inquiry. The form
23.7shall include a statement indicating why the data is being collected and what its limited use
23.8will be. No document which has date of birth, gender, or race information will be included
23.9in the information given to or available to any person who is involved in selecting the
23.10person or persons employed other than the background investigator. No person may act
23.11both as background investigator and be involved in the selection of an employee except
23.12that the background investigator's report about background may be used in that selection as
23.13long as no direct or indirect references are made to the applicant's race, age, or gender; or
23.14(2) seek and obtain for purposes of making a job decision, information from any
23.15source that pertains to the person's race, color, creed, religion, national origin, sex, marital
23.16status, status with regard to public assistance, familial status, disability, sexual orientation,
23.17or age, unless for the sole and exclusive purpose of compliance with the Public Contracts
23.18Act or any rule, regulation, or laws of the United States or of this state requiring the
23.19information; or
23.20(3) cause to be printed or published a notice or advertisement that relates to
23.21employment or membership and discloses a preference, limitation, specification, or
23.22discrimination based on race, color, creed, religion, national origin, sex, marital status,
23.23status with regard to public assistance, familial status, disability, sexual orientation, or age.
23.24(b) Any individual who is required to provide information that is prohibited by this
23.25subdivision is an aggrieved party under sections 363A.06, subdivision 4, and 363A.28,
23.26subdivisions 1 to 9.
23.27EFFECTIVE DATE.This section is effective the day following final enactment.

23.28    Sec. 10. ENFORCEMENT APPROPRIATION.
23.29$100,000 in fiscal year 2015 is appropriated from the general fund to the
23.30commissioner of labor and industry for additional compliance and enforcement activities
23.31by the labor standards unit related to this act.