Bill Text: MN HF1013 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Janitor, security guard, and window cleaner labor and service contracts regulated; and penalties provided.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-28 - Introduction and first reading, referred to Labor, Workplace and Regulated Industries [HF1013 Detail]
Download: Minnesota-2013-HF1013-Introduced.html
1.2relating to employment; regulating contracts for labor or services for janitors,
1.3security guards, and window cleaners; providing penalties;proposing coding for
1.4new law in Minnesota Statutes, chapter 181.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [181.724] CONTRACTS FOR LABOR OR SERVICES; JANITORS,
1.7SECURITY GUARDS, WINDOW CLEANERS.
1.8 Subdivision 1. Contract; insufficient funds. A person or entity shall not enter
1.9into a contract or agreement for labor or services with a janitorial, security guard, or
1.10window cleaning contractor, where the person or entity knows or should know that the
1.11contract or agreement does not include funds sufficient to allow the contractor to comply
1.12with all applicable local, state, and federal laws or regulations governing the labor or
1.13services to be provided.
1.14 Subd. 2. Rebuttable presumption. There is a rebuttable presumption affecting the
1.15burden of proof that there has been no violation of subdivision 1 where the contract or
1.16agreement with a janitorial, security guard, or window cleaning contractor meets all of
1.17the requirements in subdivision 4.
1.18 Subd. 3. Exclusions. Subdivision 1 does not apply to a person or entity who
1.19executes a collective bargaining agreement covering the workers employed under the
1.20contract or agreement, or to a person who enters into a contract or agreement for labor or
1.21services to be performed on the person's home residence, provided that a family member
1.22resides in the residence or residences for which the labor or services are to be performed
1.23for at least part of the year.
2.1 Subd. 4. Written contract; provisions. To meet the requirements of subdivision 2,
2.2a contract or agreement with a janitorial, security guard, or window cleaning contractor for
2.3labor or services shall be in writing, in a single document, and contain all of the following
2.4provisions, in addition to any other provisions that may be required by the commissioner:
2.5(1) the name, address, and telephone number of the person or entity and the
2.6janitorial, security guard, or window cleaning contractor through whom the labor or
2.7services are to be provided;
2.8(2) a description of the labor or services to be provided and a statement of when
2.9those services are to be commenced and completed;
2.10(3) the employer identification number for state tax purposes of the janitorial,
2.11security guard, or window cleaning contractor;
2.12(4) the workers' compensation insurance policy number and the name, address, and
2.13telephone number of the insurance carrier of the janitorial, security guard, or window
2.14cleaning contractor;
2.15(5) the vehicle identification number of any vehicle that is owned by the janitorial,
2.16security guard, or window cleaning contractor and used for transportation in connection
2.17with any service provided pursuant to the contract or agreement, the number of the vehicle
2.18liability insurance policy that covers the vehicle, and the name, address, and telephone
2.19number of the insurance carrier;
2.20(6) the address of any real property to be used to house workers in connection with
2.21the contract or agreement;
2.22(7) the total number of workers to be employed under the contract or agreement, the
2.23total amount of all wages to be paid, and the date or dates when those wages are to be paid;
2.24(8) the amount of the commission or other payment made to the janitorial, security
2.25guard, or window cleaning contractor for services under the contract or agreement;
2.26(9) the total number of persons who will be utilized under the contract or agreement
2.27as independent contractors, along with a list of the current local, state, and federal
2.28contractor license identification numbers that the independent contractors are required to
2.29have under local, state, or federal laws or regulations; and
2.30(10) the signatures of all parties, and the date the contract or agreement was signed.
2.31 Subd. 5. Material changes. (a) To qualify for the rebuttable presumption in
2.32subdivision 2, a material change to the terms and conditions of a contract or agreement
2.33between a person or entity and a janitorial, security guard, or window cleaning contractor
2.34must be in writing, in a single document, and contain all of the provisions listed in
2.35subdivision 4 that are affected by the change.
3.1(b) If a provision required to be contained in a contract or agreement under
3.2subdivision 4, clause (7) or (9), is unknown at the time the contract or agreement is
3.3executed, the best estimate available at that time is sufficient to satisfy the requirements of
3.4subdivision 4. If an estimate is used in place of actual figures, the parties to the contract or
3.5agreement have a continuing duty to ascertain the information required under subdivision
3.64, clause (7) or (9), and to reduce that information to writing according to the requirements
3.7of paragraph (a) once that information becomes known.
3.8 Subd. 6. Written contract; commissioner review. A person or entity who enters
3.9into a contract or agreement referred to in subdivision 4 or 5 shall keep a copy of the written
3.10contract or agreement for a period of not less than four years following the termination of
3.11the contract or agreement. Upon the request of the commissioner, any person or entity
3.12who enters into the contract or agreement shall provide to the commissioner a copy of
3.13the provisions of the contract or agreement, and any other documentation, related to
3.14subdivision 4, clauses (1) to (10). Documents obtained under this section are exempt from
3.15disclosure under the Minnesota Government Data Practices Act, chapter 13.
3.16 Subd. 7. Penalties. (a) An employee aggrieved by a violation of subdivision 1 may
3.17file an action for damages to recover the greater of all actual damages or $250 per employee
3.18per violation for an initial violation and $1,000 per employee for each subsequent
3.19violation, and, upon prevailing in an action brought under this section, may recover costs
3.20and reasonable attorney fees. An action under this section shall not be maintained unless it
3.21is pleaded and proved that an employee was injured as a result of a violation of a labor law
3.22or regulation in connection with the performance of the contract or agreement.
3.23(b) An employee aggrieved by a violation of subdivision 1 may also bring an action
3.24for injunctive relief and, upon prevailing, may recover costs and reasonable attorney fees.
3.25 Subd. 8. Applicability. The phrase "janitorial, security guard, or window cleaning
3.26contractor" includes any person, whether or not licensed, who is acting in the capacity of a
3.27janitorial, security guard, or window cleaning contractor.
3.28 Subd. 9. Knowledge; definition. (a) The term "knows" includes the knowledge,
3.29arising from familiarity with the normal facts and circumstances of the business activity
3.30engaged in, that the contract or agreement does not include funds sufficient to allow the
3.31contractor to comply with applicable laws.
3.32(b) The phrase "should know" includes the knowledge of any additional facts or
3.33information that would make a reasonably prudent person undertake to inquire whether,
3.34taken together, the contract or agreement contains sufficient funds to allow the contractor
3.35to comply with applicable laws.
4.1(c) A failure by a person or entity to request or obtain any information from the
4.2contractor that is required by any applicable statute or by the contract or agreement
4.3between them, constitutes knowledge of that information for purposes of this section.
1.3security guards, and window cleaners; providing penalties;proposing coding for
1.4new law in Minnesota Statutes, chapter 181.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [181.724] CONTRACTS FOR LABOR OR SERVICES; JANITORS,
1.7SECURITY GUARDS, WINDOW CLEANERS.
1.8 Subdivision 1. Contract; insufficient funds. A person or entity shall not enter
1.9into a contract or agreement for labor or services with a janitorial, security guard, or
1.10window cleaning contractor, where the person or entity knows or should know that the
1.11contract or agreement does not include funds sufficient to allow the contractor to comply
1.12with all applicable local, state, and federal laws or regulations governing the labor or
1.13services to be provided.
1.14 Subd. 2. Rebuttable presumption. There is a rebuttable presumption affecting the
1.15burden of proof that there has been no violation of subdivision 1 where the contract or
1.16agreement with a janitorial, security guard, or window cleaning contractor meets all of
1.17the requirements in subdivision 4.
1.18 Subd. 3. Exclusions. Subdivision 1 does not apply to a person or entity who
1.19executes a collective bargaining agreement covering the workers employed under the
1.20contract or agreement, or to a person who enters into a contract or agreement for labor or
1.21services to be performed on the person's home residence, provided that a family member
1.22resides in the residence or residences for which the labor or services are to be performed
1.23for at least part of the year.
2.1 Subd. 4. Written contract; provisions. To meet the requirements of subdivision 2,
2.2a contract or agreement with a janitorial, security guard, or window cleaning contractor for
2.3labor or services shall be in writing, in a single document, and contain all of the following
2.4provisions, in addition to any other provisions that may be required by the commissioner:
2.5(1) the name, address, and telephone number of the person or entity and the
2.6janitorial, security guard, or window cleaning contractor through whom the labor or
2.7services are to be provided;
2.8(2) a description of the labor or services to be provided and a statement of when
2.9those services are to be commenced and completed;
2.10(3) the employer identification number for state tax purposes of the janitorial,
2.11security guard, or window cleaning contractor;
2.12(4) the workers' compensation insurance policy number and the name, address, and
2.13telephone number of the insurance carrier of the janitorial, security guard, or window
2.14cleaning contractor;
2.15(5) the vehicle identification number of any vehicle that is owned by the janitorial,
2.16security guard, or window cleaning contractor and used for transportation in connection
2.17with any service provided pursuant to the contract or agreement, the number of the vehicle
2.18liability insurance policy that covers the vehicle, and the name, address, and telephone
2.19number of the insurance carrier;
2.20(6) the address of any real property to be used to house workers in connection with
2.21the contract or agreement;
2.22(7) the total number of workers to be employed under the contract or agreement, the
2.23total amount of all wages to be paid, and the date or dates when those wages are to be paid;
2.24(8) the amount of the commission or other payment made to the janitorial, security
2.25guard, or window cleaning contractor for services under the contract or agreement;
2.26(9) the total number of persons who will be utilized under the contract or agreement
2.27as independent contractors, along with a list of the current local, state, and federal
2.28contractor license identification numbers that the independent contractors are required to
2.29have under local, state, or federal laws or regulations; and
2.30(10) the signatures of all parties, and the date the contract or agreement was signed.
2.31 Subd. 5. Material changes. (a) To qualify for the rebuttable presumption in
2.32subdivision 2, a material change to the terms and conditions of a contract or agreement
2.33between a person or entity and a janitorial, security guard, or window cleaning contractor
2.34must be in writing, in a single document, and contain all of the provisions listed in
2.35subdivision 4 that are affected by the change.
3.1(b) If a provision required to be contained in a contract or agreement under
3.2subdivision 4, clause (7) or (9), is unknown at the time the contract or agreement is
3.3executed, the best estimate available at that time is sufficient to satisfy the requirements of
3.4subdivision 4. If an estimate is used in place of actual figures, the parties to the contract or
3.5agreement have a continuing duty to ascertain the information required under subdivision
3.64, clause (7) or (9), and to reduce that information to writing according to the requirements
3.7of paragraph (a) once that information becomes known.
3.8 Subd. 6. Written contract; commissioner review. A person or entity who enters
3.9into a contract or agreement referred to in subdivision 4 or 5 shall keep a copy of the written
3.10contract or agreement for a period of not less than four years following the termination of
3.11the contract or agreement. Upon the request of the commissioner, any person or entity
3.12who enters into the contract or agreement shall provide to the commissioner a copy of
3.13the provisions of the contract or agreement, and any other documentation, related to
3.14subdivision 4, clauses (1) to (10). Documents obtained under this section are exempt from
3.15disclosure under the Minnesota Government Data Practices Act, chapter 13.
3.16 Subd. 7. Penalties. (a) An employee aggrieved by a violation of subdivision 1 may
3.17file an action for damages to recover the greater of all actual damages or $250 per employee
3.18per violation for an initial violation and $1,000 per employee for each subsequent
3.19violation, and, upon prevailing in an action brought under this section, may recover costs
3.20and reasonable attorney fees. An action under this section shall not be maintained unless it
3.21is pleaded and proved that an employee was injured as a result of a violation of a labor law
3.22or regulation in connection with the performance of the contract or agreement.
3.23(b) An employee aggrieved by a violation of subdivision 1 may also bring an action
3.24for injunctive relief and, upon prevailing, may recover costs and reasonable attorney fees.
3.25 Subd. 8. Applicability. The phrase "janitorial, security guard, or window cleaning
3.26contractor" includes any person, whether or not licensed, who is acting in the capacity of a
3.27janitorial, security guard, or window cleaning contractor.
3.28 Subd. 9. Knowledge; definition. (a) The term "knows" includes the knowledge,
3.29arising from familiarity with the normal facts and circumstances of the business activity
3.30engaged in, that the contract or agreement does not include funds sufficient to allow the
3.31contractor to comply with applicable laws.
3.32(b) The phrase "should know" includes the knowledge of any additional facts or
3.33information that would make a reasonably prudent person undertake to inquire whether,
3.34taken together, the contract or agreement contains sufficient funds to allow the contractor
3.35to comply with applicable laws.
4.1(c) A failure by a person or entity to request or obtain any information from the
4.2contractor that is required by any applicable statute or by the contract or agreement
4.3between them, constitutes knowledge of that information for purposes of this section.
