Minnesota SF 4058: Supported decision making to assist older adults and people with disabilities appropriation

Bill Text

1.1 A bill for an act​
1.2 relating to employment; exempting certain individuals working in transportation​
1.3 occupations from the Minnesota Paid Leave Law; amending Minnesota Statutes​
1.4 2024, section 268B.01, subdivisions 15, 17.​
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.6 Section 1. Minnesota Statutes 2024, section 268B.01, subdivision 15, is amended to read:​
1.7 Subd. 15.Covered employment.(a) "Covered employment" means performing services​
1.8 of whatever nature, unlimited by the relationship of master and servant as known to the​
1.9 common law, or any other legal relationship performed for wages or under any contract​
1.10 calling for the performance of services, written or oral, express or implied.​
1.11 (b) For the purposes of this chapter, covered employment means an employee's entire​
1.12 employment during a calendar year if:​
1.13 (1) 50 percent or more of the employment during the calendar year is performed in​
1.14 Minnesota; or​
1.15 (2) 50 percent or more of the employment during the calendar year is not performed in​
1.16 Minnesota or any other single state within the United States, or United States territory or​
1.17 foreign nation, but some of the employment is performed in Minnesota and the employee's​
1.18 residence is in Minnesota during 50 percent or more of the calendar year.​
1.19 (c) "Covered employment" does not include:​
1.20 (1) a self-employed individual;​
1.21 (2) an independent contractor; or​
1​Section 1.​
26-06899 as introduced​02/09/26 REVISOR SS/CG​
SENATE​
STATE OF MINNESOTA​
S.F. No. 4058​NINETY-FOURTH SESSION​
(SENATE AUTHORS: DRAHEIM, Mathews and Howe)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​6458​03/02/2026​
Referred to Jobs and Economic Development​

2.1 (3) employment by a seasonal employee, as defined in subdivision 35.;​
2.2 (4) any individual in a position for which the United States Department of Transportation​
2.3 has power to establish qualifications and maximum hours of service under United States​
2.4 Code, title 49, section 31502; or​
2.5 (5) any individual hired by a business entity identified as meeting the definitions listed​
2.6 in the Standard Industrial Codes (SIC) 4212-01 through 4231-02 Motor Freight​
2.7 Transportation and Warehousing.​
2.8 (d) Entities that are excluded under this section may opt in to coverage following a​
2.9 procedure determined by the commissioner. In such cases, services provided by employees​
2.10 are considered covered employment under subdivision 15.​
2.11 (e) The commissioner may adopt rules in accordance with chapter 14 to:​
2.12 (1) further define the application of this subdivision; and​
2.13 (2) establish the criteria for covered employment for individuals that do not meet the​
2.14 criteria in paragraphs (a) and (b), but that perform services as an employee to a Minnesota​
2.15 employer.​
2.16 Sec. 2. Minnesota Statutes 2024, section 268B.01, subdivision 17, is amended to read:​
2.17 Subd. 17.Employee.(a) "Employee" means an individual who performs services of​
2.18 whatever nature for an employer.​
2.19 (b) Employee does not include employees of the United States of America, self-employed​
2.20 individuals, or independent contractors.​
2.21 (c) Employee does not include seasonal employees as defined in subdivision 35.​
2.22 (d) Employee does not include any individual in a position for which the United States​
2.23 Department of Transportation has power to establish qualifications and maximum hours of​
2.24 service under United States Code, title 49, section 31502.​
2.25 (e) Employee does not include any individual hired by a business entity identified as​
2.26 meeting the definitions listed in the Standard Industrial Codes (SIC) 4212-01 through​
2.27 4231-02 Motor Freight Transportation and Warehousing.​
2​Sec. 2.​
26-06899 as introduced​02/09/26 REVISOR SS/CG​