The Minnesota State Legislature has taken up legislation to empower to the state labor commissioner to enforce the advance notice requirements of an existing statute (Chpt. 116L, § 116L.976). Currently the state has a well-intentioned but highly ineffective statute that asks businesses to voluntarily comply with advance notice to workers facing a worksite closing or mass layoff. As a result, the state statute is rarely observed in practice. (Michigan has a similar statute). While voluntary statutes can inform good faith employers who need guidance, these statutes too frequently provide bad faith actors with short term marketplace advantages over companies who observe the fundamental rights of their employees and the communities in which they are located.
Minnesota House File No. 1963 would empower the state commissioner to enforce the advance notice requirements of § 116L.976. by permitting the commissioner to issue orders requiring an employer to comply with advance notice requirements. The department is required to serve the order upon the employer or the employer's authorized representative. An employer who wishes to contest the order must file written notice of objection within 15 calendar days after being served. The commissioner may also bring an action in the district court to enforce or require compliance The commissioner can also order violating employers to pay back pay to aggrieved parties and treble damages. Any employer who is found by the commissioner to have repeatedly or willfully violated the Act shall be subject to a civil penalty of $1,000 for each violation for each employee. In addition, the commissioner may order the employer to reimburse the department and the attorney general for all appropriate litigation and hearing costs expended in preparation for and in conducting the contested case proceeding. An employee may also bring a civil action seeking redress for a violation or violations of section 116L.976 in district court. An employer who violates the requirements is liable to the employee for the full amount of the wages, gratuities, and overtime compensation and for an additional equal amount as liquidated damages. In addition, in an action under this subdivision the employee may also seek treble damages and other appropriate relief provided by law.
Due to legislative rules of odd-year adjournments, the bill has been returned to the House Civil Justice Committee where it remains pending.
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