1.2relating to state government; providing for the Women's Economic Security
1.3Act; requiring equal pay certificates of compliance; modifying workforce
1.4development provisions; creating women and high-wage, high-demand,
1.5nontraditional jobs grant program; modifying eligibility for unemployment
1.6insurance benefits; offering women entrepreneurs business development
1.7competitive grants; requiring a report on a potential state-administered
1.8retirement savings plan; modifying parenting leave, sick leave, and pregnancy
1.9accommodations; providing employment protections for women and family
1.10caregivers; providing wage disclosure protection; modifying the award of early
1.11childhood scholarships; appropriating money;amending Minnesota Statutes
1.122012, sections 13.552, by adding a subdivision; 181.939; 181.940, subdivision 2;
1.13181.941; 181.943; 268.095, subdivisions 1, 6; 363A.03, by adding a subdivision;
1.14363A.08, subdivisions 1, 2, 3, 4, by adding subdivisions; Minnesota Statutes
1.152013 Supplement, sections 116L.665, subdivision 2; 124D.165, subdivision 3;
1.16181.9413; proposing coding for new law in Minnesota Statutes, chapters 116L;
1.17181; 363A.
1.18BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:


1.21    Section 1. CITATION; WOMEN'S ECONOMIC SECURITY ACT.
1.22This act shall be known as the Women's Economic Security Act.


1.25    Section 1. Minnesota Statutes 2012, section 13.552, is amended by adding a
1.26subdivision to read:
2.1    Subd. 7. Equal pay certificate of compliance. Access to data relating to equal pay
2.2certificates of compliance is governed by section 363A.44.

2.3    Sec. 2. Minnesota Statutes 2013 Supplement, section 116L.665, subdivision 2, is
2.4amended to read:
2.5    Subd. 2. Membership. The governor's Workforce Development Council is
2.6composed of 31 members appointed by the governor. The members may be removed
2.7pursuant to section 15.059. In selecting the representatives of the council, the governor
2.8shall ensure that 50 percent of the members come from nominations provided by local
2.9workforce councils. Local education representatives shall come from nominations
2.10provided by local education to employment partnerships. The 31 members shall represent
2.11the following sectors:
2.12(a) State agencies: the following individuals shall serve on the council:
2.13(1) commissioner of the Minnesota Department of Employment and Economic
2.14Development;
2.15(2) commissioner of the Minnesota Department of Education; and
2.16(3) commissioner of the Minnesota Department of Human Services.
2.17(b) Business and industry: six individuals shall represent the business and industry
2.18sectors of Minnesota.
2.19(c) Organized labor: six individuals shall represent labor organizations of Minnesota.
2.20(d) Community-based organizations: four individuals shall represent
2.21community-based organizations of Minnesota. Community-based organizations are
2.22defined by the Workforce Investment Act as private nonprofit organizations that are
2.23representative of communities or significant segments of communities and that have
2.24demonstrated expertise and effectiveness in the field of workforce investment and may
2.25include entities that provide job training services, serve youth, serve individuals with
2.26disabilities, serve displaced homemakers, union-related organizations, employer-related
2.27nonprofit organizations, and organizations serving nonreservation Indians and tribal
2.28governments.
2.29(e) Education: six individuals shall represent the education sector of Minnesota
2.30as follows:
2.31(1) one individual shall represent local public secondary education;
2.32(2) one individual shall have expertise in design and implementation of school-based
2.33service-learning;
2.34(3) one individual shall represent leadership of the University of Minnesota;
2.35(4) one individual shall represent secondary/postsecondary vocational institutions;
3.1(5) the chancellor of the Board of Trustees of the Minnesota State Colleges and
3.2Universities; and
3.3(6) one individual shall have expertise in agricultural education.
3.4(f) Other: two individuals shall represent other constituencies including:
3.5(1) units of local government; and
3.6(2) applicable state or local programs.
3.7The speaker and the minority leader of the house of representatives shall each
3.8appoint a representative to serve as an ex officio member of the council. The majority
3.9and minority leaders of the senate shall each appoint a senator to serve as an ex officio
3.10member of the council.
3.11The governor shall appoint one individual representing public libraries, one
3.12individual with expertise in assisting women in obtaining employment in high-wage,
3.13high-demand, nontraditional occupations, and one individual representing adult basic
3.14education programs to serve as a nonvoting advisor advisors to the council.
3.15(g) Appointment: each member shall be appointed for a term of three years from the
3.16first day of January or July immediately following their appointment. Elected officials
3.17shall forfeit their appointment if they cease to serve in elected office.
3.18(h) Members of the council are compensated as provided in section 15.059,
3.19subdivision 3 .

3.20    Sec. 3. [116L.99] WOMEN AND HIGH-WAGE, HIGH-DEMAND,
3.21NONTRADITIONAL JOBS GRANT PROGRAM.
3.22    Subdivision 1. Definitions. (a) For the purpose of this section, the following terms
3.23have the meanings given.
3.24(b) "Commissioner" means the commissioner of employment and economic
3.25development.
3.26(c) ''Eligible organization'' includes, but is not limited to:
3.27(1) community-based organizations experienced in serving women;
3.28(2) employers;
3.29(3) business and trade associations;
3.30(4) labor unions and employee organizations;
3.31(5) registered apprenticeship programs;
3.32(6) secondary and postsecondary education institutions located in Minnesota; and
3.33(7) workforce and economic development agencies.
3.34(d) "High-wage, high-demand" means occupations that represent at least 0.1 percent
3.35of total employment in the base year, have an annual median salary which is higher than
4.1the average for the current year, and are projected to have more total openings as a share
4.2of employment than the average.
4.3(e) "Low-income" means income less than 200 percent of the federal poverty
4.4guideline adjusted for a family size of four.
4.5(f) "Nontraditional occupations'' means those occupations in which women make
4.6up less than 25 percent of the workforce as defined under United States Code, title 20,
4.7section 2302.
4.8(g) "Registered apprenticeship program'' means a program registered under United
4.9States Code, title 29, section 50.
4.10    Subd. 2. Grant program. The commissioner shall establish the women and
4.11high-wage, high-demand, nontraditional jobs grant program to increase the number of
4.12women in high-wage, high-demand, nontraditional occupations. The commissioner shall
4.13make grants to eligible organizations for programs that encourage and assist women to enter
4.14high-wage, high-demand, nontraditional occupations including but not limited to those in
4.15the skilled trades, science, technology, engineering, and math (STEM) occupations.
4.16    Subd. 3. Use of funds. (a) Grant funds awarded under this section may be used for:
4.17(1) recruitment, preparation, placement, and retention of women, including
4.18low-income women and women over 50 years old, in registered apprenticeships,
4.19postsecondary education programs, on-the-job training, and permanent employment in
4.20high-wage, high-demand, nontraditional occupations;
4.21(2) secondary or postsecondary education or other training to prepare women
4.22to succeed in high-wage, high-demand, nontraditional occupations. Activities under
4.23this clause may be conducted by the grantee or in collaboration with another institution,
4.24including but not limited to a public or private secondary or postsecondary school;
4.25(3) innovative, hands-on, best practices that stimulate interest in high-wage,
4.26high-demand, nontraditional occupations among girls, increase awareness among
4.27girls about opportunities in high-wage, high-demand, nontraditional occupations, or
4.28increase access to secondary programming leading to jobs in high-wage, high-demand,
4.29nontraditional occupations. Best practices include but are not limited to mentoring,
4.30internships, or apprenticeships for girls in high-wage, high-demand, nontraditional
4.31occupations;
4.32(4) training and other staff development for job seeker counselors and Minnesota
4.33family investment program (MFIP) caseworkers on opportunities in high-wage,
4.34high-demand, nontraditional occupations;
5.1(5) incentives for employers and sponsors of registered apprenticeship programs
5.2to retain women in high-wage, high-demand, nontraditional occupations for more than
5.3one year;
5.4(6) training and technical assistance for employers to create a safe and healthy
5.5workplace environment designed to retain and advance women, including best practices
5.6for addressing sexual harassment, and to overcome gender inequity among employers
5.7and registered apprenticeship programs;
5.8(7) public education and outreach activities to overcome stereotypes about women
5.9in high-wage, high-demand, nontraditional occupations, including the development of
5.10educational and marketing materials; and
5.11(8) support for women in high-wage, high-demand, nontraditional occupations
5.12including but not limited to assistance with workplace issues resolution and access to
5.13advocacy assistance and services.
5.14(b) Grant applications must include detailed information about how the applicant
5.15plans to:
5.16(1) increase women's participation in high-wage, high-demand occupations in which
5.17women are currently underrepresented in the workforce;
5.18(2) comply with the requirements under subdivision 3; and
5.19(3) use grant funds in conjunction with funding from other public or private sources.
5.20(c) In awarding grants under this subdivision, the commissioner shall give priority
5.21to eligible organizations:
5.22(1) with demonstrated success in recruiting and preparing women, especially
5.23low-income women and women over 50 years old, for high-wage, high-demand,
5.24nontraditional occupations; and
5.25(2) that leverage additional public and private resources.
5.26(d) At least 50 percent of total grant funds must be awarded to programs providing
5.27services and activities targeted to low-income women.
5.28(e) The commissioner of employment and economic development in conjunction
5.29with the commissioner of labor and industry shall monitor the use of funds under this
5.30section, collect and compile information on the activities of other state agencies and public
5.31or private entities that have purposes similar to those under this section, and identify other
5.32public and private funding available for these purposes.

5.33    Sec. 4. Minnesota Statutes 2012, section 268.095, subdivision 1, is amended to read:
5.34    Subdivision 1. Quit. An applicant who quit employment is ineligible for all
5.35unemployment benefits according to subdivision 10 except when:
6.1    (1) the applicant quit the employment because of a good reason caused by the
6.2employer as defined in subdivision 3;
6.3    (2) the applicant quit the employment to accept other covered employment that
6.4provided substantially better terms and conditions of employment, but the applicant did
6.5not work long enough at the second employment to have sufficient subsequent earnings to
6.6satisfy the period of ineligibility that would otherwise be imposed under subdivision 10
6.7for quitting the first employment;
6.8    (3) the applicant quit the employment within 30 calendar days of beginning the
6.9employment because the employment was unsuitable for the applicant;
6.10    (4) the employment was unsuitable for the applicant and the applicant quit to enter
6.11reemployment assistance training;
6.12    (5) the employment was part time and the applicant also had full-time employment
6.13in the base period, from which full-time employment the applicant separated because of
6.14reasons for which the applicant was held not to be ineligible, and the wage credits from
6.15the full-time employment are sufficient to meet the minimum requirements to establish a
6.16benefit account under section 268.07;
6.17    (6) the applicant quit because the employer notified the applicant that the applicant
6.18was going to be laid off because of lack of work within 30 calendar days. An applicant
6.19who quit employment within 30 calendar days of a notified date of layoff because of lack
6.20of work is ineligible for unemployment benefits through the end of the week that includes
6.21the scheduled date of layoff;
6.22    (7) the applicant quit the employment (i) because the applicant's serious illness or
6.23injury made it medically necessary that the applicant quit; or (ii) in order to provide
6.24necessary care because of the illness, injury, or disability of an immediate family member
6.25of the applicant. This exception only applies if the applicant informs the employer of
6.26the medical problem and requests accommodation and no reasonable accommodation
6.27is made available.
6.28    If the applicant's serious illness is chemical dependency, this exception does not
6.29apply if the applicant was previously diagnosed as chemically dependent or had treatment
6.30for chemical dependency, and since that diagnosis or treatment has failed to make
6.31consistent efforts to control the chemical dependency.
6.32    This exception raises an issue of the applicant's being available for suitable
6.33employment under section 268.085, subdivision 1, that the commissioner must determine;
6.34    (8) the applicant's loss of child care for the applicant's minor child caused the
6.35applicant to quit the employment, provided the applicant made reasonable effort to obtain
7.1other child care and requested time off or other accommodation from the employer and no
7.2reasonable accommodation is available.
7.3    This exception raises an issue of the applicant's being available for suitable
7.4employment under section 268.085, subdivision 1, that the commissioner must determine;
7.5    (9) the applicant quit because domestic abuse, sexual assault, or stalking of the
7.6applicant or an immediate family member of the applicant, necessitated the applicant's
7.7quitting the employment. Domestic abuse must be shown by one or more of the following:
7.8    (i) a district court order for protection or other documentation of equitable relief
7.9issued by a court;
7.10    (ii) a police record documenting the domestic abuse;
7.11    (iii) documentation that the perpetrator of the domestic abuse has been convicted
7.12of the offense of domestic abuse;
7.13    (iv) medical documentation of domestic abuse; or
7.14    (v) written statement that the applicant or an immediate family member of the
7.15applicant is a victim of domestic abuse, provided by a social worker, member of the
7.16clergy, shelter worker, attorney at law, or other professional who has assisted the applicant
7.17in dealing with the domestic abuse.
7.18    Domestic abuse for purposes of this clause is defined under section 518B.01; or
7.19For purposes of this section:
7.20(i) "domestic abuse" has the meaning given in section 518B.01;
7.21(ii) "sexual assault" means an act that would constitute a violation of sections
7.22609.342 to 609.3453 or 609.352; and
7.23(iii) "stalking" means an act that would constitute a violation of section 609.749; or
7.24(10) the applicant quit in order to relocate to accompany a spouse whose job location
7.25changed making it impractical for the applicant to commute.
7.26EFFECTIVE DATE.This section is effective October 5, 2014, and applies to all
7.27determinations and appeal decisions issued on or after that date.

7.28    Sec. 5. Minnesota Statutes 2012, section 268.095, subdivision 6, is amended to read:
7.29    Subd. 6. Employment misconduct defined. (a) Employment misconduct means any
7.30intentional, negligent, or indifferent conduct, on the job or off the job that displays clearly:
7.31(1) a serious violation of the standards of behavior the employer has the right to
7.32reasonably expect of the employee; or
7.33(2) a substantial lack of concern for the employment.
7.34(b) Regardless of paragraph (a), the following is not employment misconduct:
7.35(1) conduct that was a consequence of the applicant's mental illness or impairment;
8.1    (2) conduct that was a consequence of the applicant's inefficiency or inadvertence;
8.2(3) simple unsatisfactory conduct;
8.3(4) conduct an average reasonable employee would have engaged in under the
8.4circumstances;
8.5(5) conduct that was a consequence of the applicant's inability or incapacity;
8.6(6) good faith errors in judgment if judgment was required;
8.7(7) absence because of illness or injury of the applicant, with proper notice to the
8.8employer;
8.9(8) absence, with proper notice to the employer, in order to provide necessary care
8.10because of the illness, injury, or disability of an immediate family member of the applicant;
8.11    (9) conduct that was a consequence of the applicant's chemical dependency, unless
8.12the applicant was previously diagnosed chemically dependent or had treatment for
8.13chemical dependency, and since that diagnosis or treatment has failed to make consistent
8.14efforts to control the chemical dependency; or
8.15    (10) conduct that was a consequence of the applicant, or an immediate family
8.16member of the applicant, being a victim of domestic abuse as defined under section
8.17518B.01, sexual assault, or stalking. Domestic abuse must be shown as provided for in
8.18subdivision 1, clause (9).
8.19    (c) Regardless of paragraph (b), clause (9), conduct in violation of sections 169A.20,
8.20169A.31 , or 169A.50 to 169A.53 that interferes with or adversely affects the employment
8.21is employment misconduct.
8.22(d) If the conduct for which the applicant was discharged involved only a single
8.23incident, that is an important fact that must be considered in deciding whether the conduct
8.24rises to the level of employment misconduct under paragraph (a). This paragraph does
8.25not require that a determination under section 268.101 or decision under section 268.105
8.26contain a specific acknowledgment or explanation that this paragraph was considered.
8.27    (e) The definition of employment misconduct provided by this subdivision is
8.28exclusive and no other definition applies.
8.29EFFECTIVE DATE.This section is effective October 5, 2014, and applies to all
8.30determinations and appeal decisions issued on or after that date.

8.31    Sec. 6. [363A.44] EQUAL PAY CERTIFICATE OF COMPLIANCE.
8.32    Subdivision 1. Scope. No department or agency of the state may execute a contract
8.33in excess of $500,000 with a business that has 50 or more full-time employees in this
8.34state or a state where the business has its primary place of business on a single working
8.35day during the previous 12 months unless the business has an equal pay certificate of
9.1compliance. For purposes of this section, a business does not include an entity or a parent
9.2or subsidiary of the entity with a contract with a department or agency of the state if the
9.3entity has a license, certification, registration, provider agreement, or provider enrollment
9.4contract which are a prerequisite to receive reimbursement for providing goods and
9.5services to individuals under chapters 43A, 62A, 62C, 62D, 62E, 256B, 256I, and 256L.
9.6The commissioner shall issue an equal pay certificate of compliance to a business that
9.7submits to the commissioner a statement that:
9.8    (1) its compensation policies or practices are based on the principle of equal pay
9.9for equal work, and are in compliance with title VII of the Civil Rights Act of 1964, the
9.10Equal Pay Act of 1963, the Minnesota Human Rights Act, and the Minnesota Equal
9.11Pay for Equal Work Law;
9.12    (2) its wage schedules and other compensation formulas are not related to, or based
9.13on, the sex of its employees;
9.14    (3) it does not restrict employees of one sex to certain job classifications and makes
9.15retention and promotion of qualified employees without regard to sex;
9.16    (4) its contributions to insurance, pensions, and other benefit plans are not related to,
9.17or based on, the sex of its employees; and
9.18    (5) the average compensation for its female employees is not consistently below the
9.19average compensation for its male employees within each of the major job categories in
9.20the EEO-1 employee information report for which an employee is expected to perform
9.21work under the contract, taking into account factors such as length of service, requirements
9.22of specific jobs, experience, skill, effort, responsibility, working conditions of the job, or
9.23other mitigating factors.
9.24    Subd. 2. Application; issuance; duration. A business applying for a certificate
9.25of compliance must pay a $150 fee to the commissioner. The commissioner must issue
9.26a business an equal pay certificate of compliance, or a statement of why the application
9.27was rejected, within 15 days of receipt of the application and the filing fee. An equal pay
9.28certificate of compliance is valid for four years. Proceeds of the filing fee are appropriated
9.29to the commissioner for purposes of this section.
9.30    Subd. 3. Conditions; audit. (a) As a condition of receiving an equal pay certificate
9.31of compliance, and as a condition of the contract that is subject to this section, a business
9.32must agree that:
9.33    (1) the commissioner may audit the business's compliance with this section; and
9.34    (2) the commissioner or the agency entering into the contract may void a contract if
9.35the commissioner determines that the business is not in compliance with items specified in
9.36subdivision 1, clauses (1) to (5).
10.1    (b) As a condition of receiving an equal pay certificate of compliance, and as a
10.2condition of the contract that is subject to this section, a business must agree that as part
10.3of an audit, the business will provide the commissioner the following information with
10.4respect to employees expected to perform work under the contract in each of the major
10.5job categories in the EEO-1 employee information report:
10.6    (1) number of male employees;
10.7    (2) number of female employees;
10.8    (3) average annualized salaries paid to male employees and to female employees,
10.9in the manner most consistent with the employer's compensation system, within each
10.10major job category;
10.11    (4) information on performance payments, benefits, or other elements of
10.12compensation, in the manner most consistent with the employer's compensation system, if
10.13requested by the commissioner as part of a determination as to whether these elements of
10.14compensation are different for male and female employees;
10.15    (5) average length of service for male and female employees in each major job
10.16category; and
10.17    (6) other information identified by the business or by the commissioner, as needed,
10.18to determine compliance with items specified in subdivision 1, clauses (1) to (5).
10.19    Subd. 4. Compliance plan; revocation of certificate. If the commissioner
10.20determines that a business that has an equal pay certificate of compliance is not in
10.21compliance with subdivision 1, clauses (1) to (5), the commissioner may require the
10.22business to implement a plan to remedy the noncompliance with subdivision 1, clauses (1)
10.23to (5), as a condition of retaining its certificate of compliance. The commissioner may
10.24suspend or revoke a certificate if the commissioner determines that the business is not in
10.25compliance with items specified in subdivision 1, clauses (1) to (5), and is failing to
10.26implement its plan to remedy noncompliance.
10.27    Subd. 5. Voiding of contract. Prior to taking action to void a contract, the
10.28commissioner must first demonstrate that no undue hardship would occur to the state and
10.29that obtaining wages and benefits due to employees of the business is an insufficient
10.30remedy. Multiple violations of the laws set forth in subdivision 1, clause (1), or a
10.31determination of deliberate intent to violate these laws by the certificate holder may be
10.32sufficient justification for the commissioner to void a contract.
10.33    Subd. 6. Administrative review. A business may obtain a hearing when the
10.34commissioner issues an order directing a contract voided or an equal pay certificate of
10.35compliance revoked by filing a written request for a hearing with the department within
11.120 days after service of the notice of sanction. The hearing shall be a contested case
11.2proceeding pursuant to sections 14.57 to 14.69.
11.3    Subd. 7. Technical assistance. The commissioner must provide technical assistance
11.4to any business that requests assistance.
11.5    Subd. 8. Access to data. Data submitted to the commissioner by a business for
11.6purposes of obtaining a certificate of compliance under this section, or in response to an
11.7audit under this section, are private data on individuals or nonpublic data with respect to
11.8persons other than Department of Human Rights employees. The commissioner's decision
11.9to grant, not grant, revoke, or suspend a certificate of compliance is public data.
11.10EFFECTIVE DATE.This section is effective August 1, 2014, and applies to a
11.11contract for which a state department or agency issues a solicitation on or after that date.

11.12    Sec. 7. HIGH-WAGE, HIGH-DEMAND, NONTRADITIONAL JOBS
11.13PROGRAM APPROPRIATION.
11.14$500,000 is appropriated from the general fund in fiscal year 2015 to the
11.15commissioner of employment and economic development to develop and implement the
11.16women and high-wage, high-demand, nontraditional jobs grant program under Minnesota
11.17Statutes, section 116L.99. Funds available under this section must not supplant other
11.18funds available for the same purposes. This is a onetime appropriation.

11.19    Sec. 8. WOMEN ENTREPRENEURS BUSINESS DEVELOPMENT;
11.20APPROPRIATION.
11.21(a) $500,000 in fiscal year 2015 is appropriated from the general fund to the
11.22commissioner of employment and economic development for grants to Women
11.23Venture and the Women's Business Center of Northeastern Minnesota at the Northeast
11.24Entrepreneurial Fund to facilitate and promote the creation and expansion of
11.25women-owned businesses in Minnesota. Funds available under this section must be
11.26divided equally among grant recipients. This is a onetime appropriation. Grant funds may
11.27be used only for the purposes under paragraph (b) except that up to ten percent of each
11.28grant award may be used by grant recipients for administrative costs.
11.29(b) Grants awarded under this section must be used for:
11.30(1) entrepreneurial training, mentoring, and technical assistance for the startup or
11.31expansion of eligible women-owned businesses;
11.32(2) development of networks of potential investors for eligible women-owned
11.33businesses; and
12.1(3) development of recruitment programs for mid-career women with an interest in
12.2starting eligible women-owned businesses.
12.3(c) For the purposes of this section "eligible women-owned business" means a
12.4business entity:
12.5(1) that is at least 51 percent female owned or, in the case of a publicly traded
12.6business, at least 51 percent of the stock is female owned;
12.7(2) whose management and daily operations are controlled by women;
12.8(3) that is organized for profit;
12.9(4) that is projected to generate at least $500,000 in annual revenue and create at
12.10least ten jobs, each of which pay an annual income equal to at least 200 percent of the
12.11federal poverty guideline adjusted for a family size of four; and
12.12(5) in the field of construction; transportation; warehousing; agriculture; mining;
12.13finance; insurance; professional, technical, or scientific services; technology; or other
12.14industries with businesses meeting the revenue and job creation requirements of clause (4).
12.15(d) A grant award under this section does not affect any other grant award or
12.16appropriation made to a grant recipient.
12.17    (e) The Women's Business Center of Northeastern Minnesota shall partner with
12.18the Arrowhead Economic Opportunity Agency to provide entrepreneurial development
12.19training and resources to women with incomes less than 200 percent of the federal poverty
12.20guideline, adjusted for a family size of four, to assist with the start-up or expansion of
12.21eligible women-owned businesses.

12.22    Sec. 9. WOMEN AND HIGH-WAGE, HIGH-DEMAND, NONTRADITIONAL
12.23JOBS APPRENTICESHIPS; APPROPRIATION.
12.24$250,000 is appropriated from the general fund in fiscal year 2015 to the
12.25commissioner of labor and industry for the labor education advancement program under
12.26Minnesota Statutes, section 178.11, to educate, promote, assist, and support women to
12.27enter apprenticeship programs in high-wage, high-demand, nontraditional occupations.
12.28Funds available under this section must not supplant other funds available for the same
12.29purposes. This is a onetime appropriation.

12.30    Sec. 10. REPORT; RETIREMENT SAVINGS PLAN.
12.31    (a) The commissioner of management and budget must report to the legislature
12.32by January 15, 2015, on the potential for a state-administered retirement savings plan
12.33to serve employees without access to either an automatic enrollment payroll deduction
12.34IRA maintained or offered by their employer, or a multiemployer retirement plan or
13.1qualifying retirement plan or arrangement described in sections 414(f) and 219(g)(5),
13.2respectively, of the Internal Revenue Code of 1986, as amended through April 14, 2011.
13.3The potential state-administered plan would provide for individuals to make contributions
13.4to their own accounts to be pooled and invested by the State Board of Investment, with the
13.5benefit consisting of the balance in each individual's account, and with the state having no
13.6liability for investment earnings and losses, while discouraging employers from dropping
13.7existing retirement plan options.
13.8    (b) The report must include:
13.9    (1) estimates of the number of Minnesota workers who could be served by the
13.10potential state-administered plan, and the participation rate that would make the plan
13.11self-sustaining;
13.12    (2) the effect of federal tax laws and the federal Employee Retirement Income
13.13Security Act on a potential state-administered plan and on participating employers and
13.14employees, including coverage and potential gaps in consumer protections;
13.15    (3) the potential use and availability of investment strategies, private insurance,
13.16underwriting, or reinsurance against loss to limit or eliminate potential state liability
13.17and manage risk to the principal;
13.18    (4) options for the process by which individuals would enroll in and contribute to
13.19the plan;
13.20    (5) projected costs of administration, record keeping, and investment management,
13.21including staffing, legal, compliance, licensing, procurement, communications with
13.22employers and employees, oversight, marketing, technology and infrastructure, and the fee
13.23needed to cover these costs as a percentage of the average daily net assets of the potential
13.24state-administered plan, relative to asset size, with estimates of investment-related fees
13.25determined in consultation with the State Board of Investment; and
13.26    (6) a comparison of a potential state-administered plan to private sector and federal
13.27government retirement savings options with regard to participation rates, contribution
13.28rates, risk-adjusted return expectations, fees, and any other factors determined by
13.29the commissioner, which may include suitability in meeting the investment needs of
13.30participants.
13.31    (c) Subject to available appropriation, the report may include:
13.32    (1) estimates of the average amount of savings and other financial resources residents
13.33of Minnesota have upon retirement and those that are recommended for a financially
13.34secure retirement in Minnesota;
13.35    (2) estimates of the relative progress toward achieving the savings recommended for
13.36a financially secure retirement by gender, race, and ethnicity;
14.1    (3) barriers to savings and reasons individuals and employers may not be
14.2participating in existing private sector retirement plans;
14.3    (4) the estimated impact on publicly funded social safety net programs attributable
14.4to insufficient retirement savings, and the aggregate effect of potential state-administered
14.5plan options on publicly funded social safety net programs and the state economy;
14.6    (5) the effect of federal tax laws and the federal Employee Retirement Income
14.7Security Act on a potential state-administered plan that allows for voluntary employer
14.8contributions, either commingled with or segregated from employee contributions;
14.9    (6) options for a potential state-administered plan to use group annuities to ensure a
14.10stable stream of retirement income throughout beneficiaries' retirement years;
14.11    (7) alternative ways and costs for the state to encourage similar outcomes to a
14.12state-administered plan; and
14.13    (8) other topics that the commissioner determines are relevant to legislative
14.14consideration of possible establishment of a state-administered plan.
14.15    (d) The commissioner may meet any of the topics in paragraph (c) by reporting the
14.16results of a request for public comment.
14.17EFFECTIVE DATE.This section is effective the day following final enactment.

14.18    Sec. 11. RETIREMENT SAVINGS PLAN REPORT; APPROPRIATION.
14.19    $300,000 in fiscal year 2014 is appropriated from the general fund to the
14.20commissioner of management and budget for the retirement savings plan report under
14.21section 10. This is a onetime appropriation and is available until expended.
14.22EFFECTIVE DATE.This section is effective the day following final enactment.

14.23    Sec. 12. REPORT; PAY EQUITY.
14.24    The commissioner of human rights shall report to the governor and the chairs and
14.25ranking minority members of the committees in the senate and the house of representatives
14.26with primary jurisdiction over the department by January 31, 2016. The report shall
14.27indicate the number of equal pay certificates issued under Minnesota Statutes, section
14.28363A.44, the number of audits conducted, and a summary of results of its auditing efforts.
14.29The commissioner shall consult with the Office on the Economic Status of Women
14.30in preparing the report.

14.31    Sec. 13. APPROPRIATION; PAY EQUITY.
15.1$674,000 in fiscal year 2015 is appropriated from the general fund to the
15.2commissioner of human rights for implementation of Minnesota Statutes, section
15.3363A.44. The agency base budget for this purpose is $426,000 each year in fiscal years
15.42016 and 2017.


15.7    Section 1. Minnesota Statutes 2012, section 181.940, subdivision 2, is amended to read:
15.8    Subd. 2. Employee. "Employee" means a person who performs services for hire for
15.9an employer from whom a leave is requested under sections 181.940 to 181.944 for:
15.10(1) at least 12 consecutive months immediately preceding the request; and
15.11(2) for an average number of hours per week equal to one-half the full-time
15.12equivalent position in the employee's job classification as defined by the employer's
15.13personnel policies or practices or pursuant to the provisions of a collective bargaining
15.14agreement, during those 12 months the 12-month period immediately preceding the leave.
15.15Employee includes all individuals employed at any site owned or operated by the
15.16employer but does not include an independent contractor.

15.17    Sec. 2. Minnesota Statutes 2012, section 181.941, is amended to read:
15.18181.941 PREGNANCY AND PARENTING LEAVE.
15.19    Subdivision 1. Six Twelve-week leave; pregnancy, birth, or adoption. (a) An
15.20employer must grant an unpaid leave of absence to an employee who is a natural or
15.21adoptive parent in conjunction with the birth or adoption of a child. The length of the
15.22leave shall be determined by the employee, but may not exceed six weeks, unless agreed
15.23to by the employer.:
15.24(1) a natural or adoptive parent in conjunction with the birth or adoption of a child; or
15.25(2) a female employee for prenatal care, or incapacity due to pregnancy, childbirth,
15.26or related health conditions.
15.27(b) The length of the leave shall be determined by the employee, but must not exceed
15.2812 weeks, unless agreed to by the employer.
15.29    Subd. 2. Start of leave. The leave shall begin at a time requested by the employee.
15.30The employer may adopt reasonable policies governing the timing of requests for unpaid
15.31leave. and may require an employee who plans to take a leave under this section to give
15.32the employer reasonable notice of the date the leave shall commence and the estimated
15.33duration of the leave. For leave taken under subdivision 1, paragraph (a), clause (1), the
16.1leave may must begin not more than six weeks after within 12 months of the birth or
16.2adoption; except that, in the case where the child must remain in the hospital longer than
16.3the mother, the leave may not must begin more than six weeks within 12 months after the
16.4child leaves the hospital.
16.5    Subd. 3. No employer retribution. An employer shall not retaliate against an
16.6employee for requesting or obtaining a leave of absence as provided by this section.
16.7    Subd. 4. Continued insurance. The employer must continue to make coverage
16.8available to the employee while on leave of absence under any group insurance policy,
16.9group subscriber contract, or health care plan for the employee and any dependents.
16.10Nothing in this section requires the employer to pay the costs of the insurance or health
16.11care while the employee is on leave of absence.

16.12    Sec. 3. Minnesota Statutes 2013 Supplement, section 181.9413, is amended to read:
16.13181.9413 SICK LEAVE BENEFITS; CARE OF RELATIVES.
16.14    (a) An employee may use personal sick leave benefits provided by the employer
16.15for absences due to an illness of or injury to the employee's child, as defined in section
16.16181.940, subdivision 4 , adult child, spouse, sibling, parent, mother-in-law, father-in-law,
16.17grandchild, grandparent, or stepparent, for reasonable periods of time as the employee's
16.18attendance may be necessary, on the same terms upon which the employee is able to use
16.19sick leave benefits for the employee's own illness or injury. This section applies only to
16.20personal sick leave benefits payable to the employee from the employer's general assets.
16.21    (b) An employee may use sick leave as allowed under this section for safety leave,
16.22whether or not the employee's employer allows use of sick leave for that purpose for such
16.23reasonable periods of time as may be necessary. Safety leave may be used for assistance
16.24to the employee or assistance to the relatives described in paragraph (a). For the purpose
16.25of this section, "safety leave" is leave for the purpose of providing or receiving assistance
16.26because of sexual assault, domestic abuse, or stalking. For the purpose of this paragraph:
16.27    (1) "domestic abuse" has the meaning given in section 518B.01;
16.28    (2) "sexual assault" means an act that constitutes a violation under sections 609.342
16.29to 609.3453 or 609.352; and
16.30    (3) "stalking" has the meaning given in section 609.749.
16.31    (c) An employer may limit the use of safety leave as described in paragraph (b) or
16.32personal sick leave benefits provided by the employer for absences due to an illness of or
16.33injury to the employee's adult child, spouse, sibling, parent, mother-in-law, father-in-law,
16.34grandchild, grandparent, or stepparent to no less than 160 hours in any 12-month period.
17.1This paragraph does not apply to absences due to the illness or injury of a child, as defined
17.2in section 181.940, subdivision 4.
17.3    (c) (d) For purposes of this section, "personal sick leave benefits" means time
17.4accrued and available to an employee to be used as a result of absence from work due
17.5to personal illness or injury, but does not include short-term or long-term disability or
17.6other salary continuation benefits.
17.7    (d) (e) For the purpose of this section, "child" includes a stepchild and a biological,
17.8adopted, and foster child.
17.9    (f) For the purpose of this section, "grandchild" includes a step-grandchild, and a
17.10biological, adopted, and foster grandchild.
17.11    (e) (g) This section does not prevent an employer from providing greater sick leave
17.12benefits than are provided for under this section.
17.13    (h) An employer shall not retaliate against an employee for requesting or obtaining a
17.14leave of absence under this section.

17.15    Sec. 4. [181.9414] PREGNANCY ACCOMMODATIONS.
17.16    Subdivision 1. Accommodation. An employer must provide reasonable
17.17accommodation for an employee for conditions related to pregnancy, childbirth, or related
17.18health conditions, if she so requests. The employer may provide the accommodation
17.19requested by the employee or an equally effective alternative. "Reasonable
17.20accommodation" includes, but is not limited to: seating, frequent restroom breaks, and
17.21limits to heavy lifting. The employee and employer shall engage in an interactive process
17.22with respect to an employee's request for a reasonable accommodation. Notwithstanding
17.23any other provision of this section, an employer shall not be required to create a new or
17.24additional position in order to accommodate an employee pursuant to this subdivision,
17.25and shall not be required to discharge any employee, transfer any other employee with
17.26greater seniority, or promote any employee.
17.27    Subd. 2. Transfer. An employer must temporarily transfer a pregnant female
17.28employee to a less strenuous or hazardous position for the duration of her pregnancy
17.29if she so requests provided the transfer does not impose an undue hardship on the
17.30employer. An employee requesting a temporary transfer shall be required to provide to the
17.31employer written documentation of medical necessity by a licensed health care provider.
17.32The employee and employer shall engage in an interactive process with respect to an
17.33employee's request for a temporary transfer. Notwithstanding any other provision of this
17.34section, an employer shall not be required to create a new or additional position in order
17.35to accommodate an employee pursuant to this subdivision and shall not be required to
18.1discharge any employee, transfer any other employee with greater seniority, or promote
18.2any employee.
18.3    Subd. 3. Interaction with other laws. Nothing in this section shall be construed to
18.4affect any other provision of law relating to sex discrimination or pregnancy, or in any
18.5way to diminish the coverage of pregnancy, childbirth, or health conditions related to
18.6pregnancy or childbirth under any other provisions of any other law.
18.7    Subd. 4. No employer retribution. An employer shall not retaliate against an
18.8employee for requesting or obtaining accommodation under this section.
18.9EFFECTIVE DATE.This section is effective the day following final enactment.

18.10    Sec. 5. Minnesota Statutes 2012, section 181.943, is amended to read:
18.11181.943 RELATIONSHIP TO OTHER LEAVE.
18.12(a) The length of parental leave provided under section 181.941 may be reduced
18.13by any period of paid parental or disability leave, but not accrued sick leave, provided
18.14by the employer, so that the total leave does not exceed six weeks, unless agreed to by
18.15the employer.:
18.16(1) paid parental, disability, personal, medical, or sick leave, or accrued vacation
18.17provided by the employer so that the total leave does not exceed 12 weeks, unless agreed
18.18to by the employer; or
18.19(2) leave taken for the same purpose by the employee under United States Code,
18.20title 29, chapter 28.
18.21(b) Nothing in sections 181.940 to 181.943 prevents any employer from providing
18.22leave benefits in addition to those provided in sections 181.940 to 181.944 or otherwise
18.23affects an employee's rights with respect to any other employment benefit.


18.26    Section 1. Minnesota Statutes 2012, section 181.939, is amended to read:
18.27181.939 NURSING MOTHERS.
18.28(a) An employer must provide reasonable unpaid break time each day to an
18.29employee who needs to express breast milk for her infant child. The break time must,
18.30if possible, run concurrently with any break time already provided to the employee. An
18.31employer is not required to provide break time under this section if to do so would unduly
18.32disrupt the operations of the employer.
19.1(b) The employer must make reasonable efforts to provide a room or other location,
19.2in close proximity to the work area, other than a toilet stall, that is shielded from view and
19.3free from intrusion and that includes access to an electrical outlet, where the employee
19.4can express her milk in privacy. The employer would be held harmless if reasonable
19.5effort has been made.
19.6(c) For the purposes of this section, "employer" means a person or entity that
19.7employs one or more employees and includes the state and its political subdivisions.
19.8(d) A violation of this section is an unfair employment practice as provided for under
19.9section 363A.08, subdivision 8.

19.10    Sec. 2. Minnesota Statutes 2012, section 363A.03, is amended by adding a subdivision
19.11to read:
19.12    Subd. 18a. Family caregiver. "Family caregiver" means a person who cares for
19.13another person:
19.14(1) who is related by blood, marriage, or legal custody; or
19.15(2) with whom the person lives in a familial relationship.
19.16EFFECTIVE DATE.This section is effective the day following final enactment.

19.17    Sec. 3. Minnesota Statutes 2012, section 363A.08, subdivision 1, is amended to read:
19.18    Subdivision 1. Labor organization. Except when based on a bona fide occupational
19.19qualification, it is an unfair employment practice for a labor organization, because of race,
19.20color, creed, religion, national origin, sex, marital status, status with regard to public
19.21assistance, familial status, status as a family caregiver, disability, sexual orientation, or age:
19.22(1) to deny full and equal membership rights to a person seeking membership or
19.23to a member;
19.24(2) to expel a member from membership;
19.25(3) to discriminate against a person seeking membership or a member with respect
19.26to hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities,
19.27or privileges of employment; or
19.28(4) to fail to classify properly, or refer for employment or otherwise to discriminate
19.29against a person or member.
19.30EFFECTIVE DATE.This section is effective the day following final enactment.

19.31    Sec. 4. Minnesota Statutes 2012, section 363A.08, subdivision 2, is amended to read:
20.1    Subd. 2. Employer. Except when based on a bona fide occupational qualification, it
20.2is an unfair employment practice for an employer, because of race, color, creed, religion,
20.3national origin, sex, marital status, status with regard to public assistance, familial status,
20.4status as a family caregiver, membership or activity in a local commission, disability,
20.5sexual orientation, or age to:
20.6(1) refuse to hire or to maintain a system of employment which unreasonably
20.7excludes a person seeking employment; or
20.8(2) discharge an employee; or
20.9(3) discriminate against a person with respect to hiring, tenure, compensation, terms,
20.10upgrading, conditions, facilities, or privileges of employment.
20.11EFFECTIVE DATE.This section is effective the day following final enactment.

20.12    Sec. 5. Minnesota Statutes 2012, section 363A.08, subdivision 3, is amended to read:
20.13    Subd. 3. Employment agency. Except when based on a bona fide occupational
20.14qualification, it is an unfair employment practice for an employment agency, because of
20.15race, color, creed, religion, national origin, sex, marital status, status with regard to public
20.16assistance, familial status, status as a family caregiver, disability, sexual orientation, or
20.17age to:
20.18(1) refuse or fail to accept, register, classify properly, or refer for employment or
20.19otherwise to discriminate against a person; or
20.20(2) comply with a request from an employer for referral of applicants for
20.21employment if the request indicates directly or indirectly that the employer fails to comply
20.22with the provisions of this chapter.
20.23EFFECTIVE DATE.This section is effective the day following final enactment.

20.24    Sec. 6. Minnesota Statutes 2012, section 363A.08, subdivision 4, is amended to read:
20.25    Subd. 4. Employer, employment agency, or labor organization. (a) Except when
20.26based on a bona fide occupational qualification, it is an unfair employment practice for an
20.27employer, employment agency, or labor organization, before a person is employed by an
20.28employer or admitted to membership in a labor organization, to:
20.29(1) require or request the person to furnish information that pertains to race, color,
20.30creed, religion, national origin, sex, marital status, status with regard to public assistance,
20.31 familial status, status as a family caregiver, disability, sexual orientation, or age; or, subject
20.32to section 363A.20, to require or request a person to undergo physical examination; unless
20.33for the sole and exclusive purpose of national security, information pertaining to national
21.1origin is required by the United States, this state or a political subdivision or agency of
21.2the United States or this state, or for the sole and exclusive purpose of compliance with
21.3the Public Contracts Act or any rule, regulation, or laws of the United States or of this
21.4state requiring the information or examination. A law enforcement agency may, after
21.5notifying an applicant for a peace officer or part-time peace officer position that the law
21.6enforcement agency is commencing the background investigation on the applicant, request
21.7the applicant's date of birth, gender, and race on a separate form for the sole and exclusive
21.8purpose of conducting a criminal history check, a driver's license check, and fingerprint
21.9criminal history inquiry. The form shall include a statement indicating why the data is
21.10being collected and what its limited use will be. No document which has date of birth,
21.11gender, or race information will be included in the information given to or available to
21.12any person who is involved in selecting the person or persons employed other than the
21.13background investigator. No person may act both as background investigator and be
21.14involved in the selection of an employee except that the background investigator's report
21.15about background may be used in that selection as long as no direct or indirect references
21.16are made to the applicant's race, age, or gender; or
21.17(2) seek and obtain for purposes of making a job decision, information from any
21.18source that pertains to the person's race, color, creed, religion, national origin, sex,
21.19marital status, status with regard to public assistance, familial status, status as a family
21.20caregiver, disability, sexual orientation, or age, unless for the sole and exclusive purpose
21.21of compliance with the Public Contracts Act or any rule, regulation, or laws of the United
21.22States or of this state requiring the information; or
21.23(3) cause to be printed or published a notice or advertisement that relates to
21.24employment or membership and discloses a preference, limitation, specification, or
21.25discrimination based on race, color, creed, religion, national origin, sex, marital status,
21.26status with regard to public assistance, familial status, status as a family caregiver,
21.27 disability, sexual orientation, or age.
21.28(b) Any individual who is required to provide information that is prohibited by this
21.29subdivision is an aggrieved party under sections 363A.06, subdivision 4, and 363A.28,
21.30subdivisions 1 to 9.
21.31EFFECTIVE DATE.This section is effective the day following final enactment.

21.32    Sec. 7. Minnesota Statutes 2012, section 363A.08, is amended by adding a subdivision
21.33to read:
22.1    Subd. 8. Nursing mothers. Except when based on a bona fide occupational
22.2qualification, any violation of section 181.939 by an employer is an unfair employment
22.3practice.

22.4    Sec. 8. Minnesota Statutes 2012, section 363A.08, is amended by adding a subdivision
22.5to read:
22.6    Subd. 9. Wage disclosure protection. (a) An employer shall not:
22.7(1) require nondisclosure by an employee of the employee's wages as a condition of
22.8employment;
22.9(2) require an employee to sign a waiver or other document which purports to deny
22.10an employee the right to disclose the employee's wages; or
22.11(3) take any adverse employment action against an employee for disclosing the
22.12employee's own wages or discussing another employee's wages which have been disclosed
22.13voluntarily.
22.14(b) Nothing in this section shall be construed to:
22.15(1) create an obligation on any employer or employee to disclose wages;
22.16(2) permit an employee, without the written consent of the employer, to disclose
22.17proprietary information, trade secret information, or information that is otherwise subject
22.18to a legal privilege or protected by law;
22.19(3) diminish any existing rights under the National Labor Relations Act under
22.20United States Code, title 29; or
22.21(4) permit the employee to disclose wage information to a competitor of their
22.22employer.
22.23EFFECTIVE DATE. This section is effective the day following final enactment.


22.26    Section 1. Minnesota Statutes 2013 Supplement, section 124D.165, subdivision 3,
22.27is amended to read:
22.28    Subd. 3. Administration. (a) The commissioner shall establish application
22.29timelines and determine the schedule for awarding scholarships that meets operational
22.30needs of eligible families and programs. The commissioner may prioritize applications on
22.31factors including family income, geographic location, and whether the child's family is on a
22.32waiting list for a publicly funded program providing early education or child care services.
23.1    (b) Scholarships may be awarded up to $5,000 for each eligible child. The
23.2commissioner shall establish a target for the average scholarship amount per child
23.3based on the results of the rate survey conducted under section 119B.13, subdivision 1,
23.4paragraph (b), per year.
23.5    (c) A four-star rated program that has children eligible for a scholarship enrolled
23.6in or on a waiting list for a program beginning in July, August, or September may notify
23.7the commissioner, in the form and manner prescribed by the commissioner, each year
23.8of the program's desire to enhance program services or to serve more children than
23.9current funding provides. The commissioner may designate a predetermined number of
23.10scholarship slots for that program and notify the program of that number.
23.11    (d) A scholarship is awarded for a 12-month period. If the scholarship recipient has
23.12not been accepted and subsequently enrolled in a rated program within ten months of the
23.13awarding of the scholarship, the scholarship cancels and the recipient must reapply in
23.14order to be eligible for another scholarship. A child may not be awarded more than one
23.15scholarship in a 12-month period.
23.16    (e) A child who receives a scholarship who has not completed development
23.17screening under sections 121A.16 to 121A.19 must complete that screening within 90
23.18days of first attending an eligible program.
23.19EFFECTIVE DATE.This section is effective the day following final enactment.