rules of designated for assignment

How Does Designate For Assignment Work? [reasons, Process, & Outcomes]

If you follow Major League Baseball, then you must have heard of the term Designate for Assignment (DFA). When a player is DFA in baseball, various things can happen. Seeing this, you may ask, “what does designate for assignment mean?”

Designate for Assignment is a contractual term in MLB where the team removes the player from the active 40-man roster but still has the rights to the player. DFA puts the player on a waiver period where other teams can claim him.

But why does a team DFA a baseball player? What happens when a team designates a player for an assignment? Continue scrolling till the end as I answer all your questions regarding DFA in baseball.

Table of Contents

DFA Meaning Baseball

DFA is a term in Major League Baseball (MLB), which is a short form of “Designate for Assignment”. It means removing a player from the active roster of the baseball team without immediately releasing the member.

Many people confuse releasing with DFA. But they are different things. When a team designates a player for assignment, it is setting aside the player, not completely releasing them from the team.

Reasons for Designating Players for Assignment

A team can designate a player due to various reasons. It can be for changing the game strategy and tactics or trying to strengthen the team.

Here are the most common reasons why a baseball designates a player for assignment:

• Performance issues: Performance reason is the primary reason for DFA. If a player fails to perform well and does not meet the team’s expectations, then the management may decide to DFA him and take someone else on the team.

The performance issues can be anything from struggling with batting to poor fielding or pitching and more. Even though the player is not performing well, the team may not want to leave the player completely. That is why they opt for DFA.

• Making room for new players: If the management finds an excellent performer outside the team, then they might decide to DFA an existing player. It will create room for the new player.

The new player may come from performing fantastically in the minor league. Plus, the management may also trade in new players from other teams.

• Creating balance in the team: Although the management plans well before listing their roster, they can still find an imbalance in the team. Besides, they may also want to switch players to change their game strategy.

In that case, designating a player for assignment from the team can be the best solution. It will allow the team to bring in a new player with the required skill to create balance in the baseball team.

• Trade options: Teams may also want to trade a player and that is why they do DFA. If the team directly releases the player, it will not give them any financial benefit. But they can DFA the player and look for trade opportunities.

If any other team is interested in the player, they may try to buy the designated player. In that case, the original team will get financial benefits from the trade.

• Injuries: Injuries can also be a reason for DFA. Athletes can get injured at any time while playing. If the injury lasts long, it can hurt the team as that member can not play for the team.

In that case, the team usually DFA the injured player. Then the team brings in fit baseball players to continue the campaign with a full active 40-man roster. 

Designate for Assignment Process

Designate for Assignment in baseball is usually made by the team’s front office. It includes the coaching staff and general manager. They evaluate the player’s performance and the team’s need to make the call.

Once they make the decision, they will let the player and the MLB authority know about it. The team management will also inform the media about the decision to keep the fans updated and also let other teams know about player availability.

What Happens After Designation for Assignment?

When a player is designated for assignment, he enters the waiver period. It means the other baseball teams have the opportunity to claim the player. The waiver period usually lasts 7 days in MLB.

If another team claims the player during this waiver period, then they get all the rights to the player and can move him to their active roster. Such trading is common in other sports too.

In this scenario, the team who designated that player for assignment relinquishes all the rights of the player. Now, the new team will take care of the player’s contract and salary.

However, if no other team claims the player during the waiver period, he will be outright assigned to the minor leagues. It will happen when the player has minor league options remaining and is not claimed off waivers.

If the player is outrighted to the minor leagues, he will be removed from the MLB team’s 40-man roster. But he will remain with the organization and enjoy all the benefits.

Interestingly, the player has two choices here. He can either accept the outright assignment and play in the minor leagues or can ask for release and become a free agent.

Many players often are not interested in playing in the minor leagues. In that case, they ask for release after the DFA. Then he becomes a free agent, and any other MLB team can sign that player.

1. What is the difference between DFA and being released?

The main difference between DFA and being released is that the team retains the right to the player in DFA. But when the team releases a player in baseball, it terminates all the contracts between them, and the team holds no right to the player.

2. What is the difference between options and designated for assignment?

The main difference between options and designated for assignment is that the option allows the team to send the player to the minor leagues without putting him into the waiver period. That means no other team can claim the player. 

3. Can a player refuse assignment after being designated for assignment?

No. A player usually does not hold the right to refuse a designate for assignment. However, if he has been with MLB for over 3 years or has been outrighted previously, he can refuse the outright assignment.

4. Can a team designate a player for assignment multiple times?

Yes. A team can designate a player multiple times during their contract period. Whenever the team feels that the player is failing to meet the team’s expectations, they can DFA the player.

My Opinion on DFA

DFA in baseball can be tough for players. The miseries enhance when no other team shows interest in claiming or trading that player.

But it is good practice to get better team results in the MLB. The process allows the team to reorganize and improve their performance. Besides, it also allows the player to look for better opportunities in other teams.

For these reasons, I think DFA is a pretty good option for both the team and the player. It can benefit both parties.

Learn More What Is A Breaking Ball?

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Hello everyone. My name is  Jason Butler, and I live in California, America. I was a professional AAA Minor League Baseball player.  I lost my chance of playing MLB for injury issues, but I did not lose my love for baseball. I attended the coaching training program and am now working as a coach in a small school in San Diego. 

I always love to share my experience and knowledge if that can help you. Play baseball, and stay fit. 

What is Designated for Assignment (DFA) Mean in Baseball?

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Of all the distinctive terms used in Major League Baseball, “Designated for assignment” must be near the top of the list for the hardest to explain to new fans. When a player is declared this, often stated as “He was DFA’d,” what exactly does it mean?

Designated for assignment refers to a player’s contract, and it means the team will immediately remove that player from its 40-man roster. For MLB fans, it means you will no longer be seeing that player on that team, at least for a decent spell.

Typically MLB teams do this to clear space for another move, or simply to rid a player from the squad entirely.

Once a player is officially DFA’d, a 7-day period begins, where the club must make a decision about the next destination for that player. In other words, it’s a way for baseball teams to put a player in temporary limbo while they try to figure out their roster situation.

During the 7-day period, that player can be sent to one of the team’s minor league affiliates; traded to another team; or placed on waivers, a list of players for other teams to acquire (under certain rules).

Basically, when you see this term attached to a player, that person is being moved off the regular MLB team at least for the time being. Sometimes, though not often, they are returned to their original team.

Baseball Club Options with Players Designated for Assignment

Once a player is DFA’d, the clock starts for the club to pick an option for that player’s immediate future. Those options are:

• Assign the player to one of a minor league team affiliated with the club. (This is not available for all players; see Common Questions at bottom).
• Place the player on the Waiver Wire . This move begins another type of clock ~ where other teams can take the player, under the league’s waiver rules.

2B. If the player on the waiver wire is claimed, his new team must immediately put him on their 40-man roster.

2C. If the player, over a specified period of time, is unclaimed from waivers, he can be assigned to his previous team’s minor league system. Unless: The player has enough service time in the major leagues, or has run out of minor league options (See below), in which case he becomes a free agent who can sign a contract with any team.

• The player could be released from his contract, that is, set entirely free to go play with any other team. In such instances, the club is responsible for paying the player according to the terms of their contract together.

Types of Rosters in Major League Baseball

All this talk assumes fans know what a 40-man roster is ~ and it’s not just the list of players the current MLB team can use for games. That would be the 26-man roster.

Here’s a breakdown of the 2 types of MLB rosters, which are essentially lists of their players who either can be used in games (26-man), or who are in line to play in games in the near future as well (40-man).

26-Man Roster in MLB

The 26-man roster (or 24- or 25-man rosters in seasons past) is for players available to participate in MLB game play. Players not on the 26-man roster, such as those on injured lists, or in the minor leagues, cannot be entered into an MLB game.

So, MLB teams cannot just sign anyone off the street and instantly insert them into a game. Well, maybe not instantaneously, but at least a full day. However, even that would involve some juggling of personnel, as noted in this article.

40-Man Roster in MLB

A club’s 40-man roster is filled by a combination of players on the 26-man roster; along with players on various injured lists (7-, 10-, and 15-day injured lists); on an emergency list for bereavement or a family medical emergency; and some minor league players.

All players on a 26-man roster are also on the 40-man roster. That leaves a club 14 spots to manage all year long ~ and not just during the regular season.

The 40-man roster is important to watch during the offseason , as all those players are protected from other teams “taking” them in what’s called the Rule 5 Draft, held at the end of every year during the MLB’s Winter Meetings.

Notes on the Rule 5 Draft in Major League Baseball

Since 1920, the Rule 5 Draft has given minor league players opportunities with new MLB clubs ~ if their original club did not protect them from this draft by keeping them on the 40-man roster.

The way it works is, clubs with a spot open on their own 40-man roster select players not on 40-man rosters of the other clubs. This ends up like the regular MLB draft, with teams selecting in reverse order of the standings the previous season.

Players are eligible for selection if they are not on their team’s 40-man roster at the time of the draft, and they have either spent 4 seasons in professional baseball after signing at age 19 or older; or spent 5 seasons in pro ball after signing at age 18 or younger.

Even when drafting an eligible player, it’s not over. The new team pays the player’s previous club $100,000, places the player on its 40-man roster, AND then must keep the player on the 26-man roster for the entire next season.

This last requirement makes selecting other team’s unprotected minor league players a true challenge, as they do not yet know if that player will succeed at the major league level. If not, the team pretty much loses a roster spot through season’s end, filled by a player who can hardly contribute.

If the new club takes that player off the 26-man roster, however, it has to offer to return him to his previous team for $50,000.

Perhaps the most famous Rule 5 case was that of Hall of Famer Roberto Clemente, signed by the Brooklyn Dodgers at age 19 and buried on their Montreal, Canada minor league team, where he got all of 155 at bats .

That didn’t fool Branch Rickey, the general manager of the Pittsburgh Pirates, who that winter selected Clemente in the Rule 5 Draft ~ and then had to keep him on the roster that next season even as he struggled as a young foreign player competing at the game’s highest level.

Eventually the Puerto Rican hero came around, and became one of the best outfielders of all time.

Why Does ‘Designated for Assignment’ in Baseball Have to be So Complicated?

This all may seem confusing, but this system of using players in MLB game play, and also having extra players in case of injuries or emergencies, has evolved with the game. It’s a necessary structure that MLB clubs agree to abide by, for a lot of reasons, avoiding mayhem among them.

When a new fan sees these types of terms, usually in the agate type or side notes in sports sections, or sometimes added to the end of game news reports, they should consider just how hard it is to field a professional baseball team on a near-daily basis.

Baseball might look leisurely to play, but in reality the players exert parts of their body quite extensively ~ in some instances beyond what they are capable of naturally. A summary of a baseball player’s body that could force him off the field at any time:

• Arms . This includes shoulders, elbows, wrists, and fingers ~ all essential for baseball players to compete at all. The shoulders and elbows, in particular, are punished by the act of throwing a 5-ounce ball repeatedly over extended periods of time.
• Legs . Baseball is not a game of constant motion like the other major team sports. There is a lot of very instant starting, and quick stopping, which puts a lot of pressure on the tendons, ligaments, and joints of the legs. Knees and ankles give baseball players trouble, due to the starting-stopping, plus a lot of twisting involved in hitting and throwing.
• Core . This includes the abdomen, hips, and upper thighs. Probably more than the other major team sports, baseball is very tough on the middle of the body , mainly due to all the twisting. Batting, in particular, requires a tremendous twist of the torso to get the bat through the hitting zone, which can impact many muscle groups, as well as the spine.
• Back . Baseball players are susceptible to back injuries, mainly due to either overextending, or under-stretching. Often it’s a combination of both.

Add to all that the mental aspect of living life (e.g. having a wife and family) while away from home for weeks at a time, and the constant stress of having to perform well to remain in the game (and make more money). All the games, practices, stress, travel, loneliness, and more, can take a toll on any ballplayer.

In summary, any of these body (and mind) areas can take a baseball player out of service, maybe just for a few days, or a few weeks, or even many months. You can tell how often players get hurt by the MLB’s types of injured lists: the 7-day, 15-day, and 60-day injured list.

Roster Management in Baseball

All this gets us to the people responsible for getting the best players possible on the field during any MLB game. It’s not as simple as sending out the same 9 guys day in and day out. Pitchers in particular cannot pitch every single day, so extra pitchers must be brought along.

Some players might hurt a body part, but not in a major way, so all they need is a bit of rest. In these instances, pro baseball teams need a bench full of replacement players waiting to get in the game.

There’s also some competitive strategy involved. Baseball clubs can make changes to their roster daily, so if they foresee a problem upcoming, they can make roster changes to address it. Examples:

• Lengthy road trips . A club seeing a long stretch of games away from home might carry an extra pitcher just for that period. When they return home, they might send that extra pitcher back to the high minor leagues.
• Opposition strengths and weaknesses. The MLB regular-season schedule can be quirky, and sometimes teams play the same squads, or groups of them (e.g. from the same division), repeatedly over a short period. Maybe a club manager sees a group of upcoming games where every team has a lot of left-handed pitchers. Then, he may choose to swap out left-handed hitters, and add in more righties, just for that period of time.

In other words, the managers (and general managers) of MLB teams are constantly tinkering with their rosters, for a lot of reasons. Terms like DFA exist to add structure to all of this, in an attempt to ensure fairness for all the clubs, and avoid anarchy.

In summary, the designated for assignment system exists so MLB teams can add a newly acquired player onto their roster ~ through a free agent signing, a trade, a waiver wire grab, or to pull a player up from a minor league team; or to address players bouncing between the injured lists.

Whenever a player is getting healthy enough to return, fans usually get quite excited. But understand, for every player returning to play, another is forced to leave.

Common Questions

Question: what is the difference between being designated for assign and being “optioned”.

Answer: Remaining on the 40-man roster, or not. To be optioned means a player on the 40-man roster is moved to an “optional assignment” with one of the club’s minor league affiliates. An “option” is good for an entire season; and players only get so many options before clubs can no longer send them to a minor league team for roster management purposes. With DFA, if a player has an option remaining, that is something the club could choose to do in the 7-day “decision” period.

Q.: Why do teams only get 7 days to decide what to do with DFA’d players?

A.: It’s according to the current Collective Bargaining Agreement (CBA), which is the operating structure of the MLB between clubs and players. This period is adjusted periodically upon agreement of a majority of owners and the players. For instance, in the CBA of 2012-16, the period was 10 days.

What does 'DFA' mean in baseball? It's not an endearing abbreviation.

Albert Pujols . David Ortiz. Alex Rodriguez. Manny Ramirez. Nelson Cruz. Robinson Cano. Justin Upton.

Ortiz is enshrined in the Baseball Hall of Fame. Pujols is a lock for the Hall. Cruz is a future candidate for Cooperstown. And all were former major league All-Stars.

What do they all have in common?

Each of them have been DFA'd during their major league baseball career.

Ultimately, it means the player is cut from a team. It's one of several transactions that can happen to an MLB player. But it's a more common process for players who are in the latter years of their career and in the middle of a contract.

Follow every MLB game: Latest MLB scores, stats, schedules and standings.

What does DFA mean in baseball?

Designated for assignment.

It's one of the more unique transaction types in baseball, where unlike being traded, the player is optioned to the minor leagues or simply cut from the roster.

What does being designated for assignment mean?

Teams are allowed to have 40 players on their roster, with 26 of them active on the major league roster. Over the course of the season, teams make roster moves, which sometimes involves cutting a player. In order to take someone off the 40-man roster, they must be designated for assignment.

MLB.com explains the process: "When a player's contract is designated for assignment — often abbreviated "DFA" — that player is immediately removed from his club's 40-man roster. Within seven days of the transaction (had been 10 days under the 2012-16 Collective Bargaining Agreement), the player can either be traded or placed on irrevocable outright waivers."

Can another team claim a DFA'd player?

Yes, any team can pick up a player off waivers. However, if that team claims the player, they would have to add the player to their 40-man roster.

More baseball fun facts

• What does BB mean in baseball?
• What does OPS mean?
• What was the longest baseball game?
• Who invented baseball?

Rethinking Careers: How Designate for Assignment in Baseball Alters Player Paths

• Updated December 9, 2023
• Posted in Pitching Insights

Introduction to Designate for Assignment in Baseball

The basics of designate for assignment in baseball.

“Designate for Assignment” (DFA) in baseball is more than just a term; it’s a significant decision that can drastically alter a player’s career. When a player is DFA’d, it means they are being removed from their team’s 40-man roster. This decision gives the team several options: they can trade the player, release them, or send them to the minor leagues if they clear waivers. It’s important to note that DFA is not just a simple roster adjustment. It’s a moment filled with potential and uncertainty, often marking a turning point in a player’s professional journey.

The Professional Impact of DFA on Baseball Players

Designate for Assignment in baseball carries heavy professional implications. For players, being DFA’d can either open the door to new opportunities or signal the nearing end of their career in the major leagues. It’s a pivotal moment that can redefine their professional path. This article aims to delve into the various facets of DFA, shedding light on how it affects players not just in their professional life but personally as well. We’ll look at real stories, exploring the emotional upheavals and long-term consequences that come with this critical career moment in baseball.

The Personal Toll of Being DFA’d

Beyond the field, being designated for assignment in baseball can take a significant personal toll on players. It’s a moment that brings a flood of emotions – uncertainty, worry, and sometimes a sense of loss. This phase can challenge a player’s mental resilience as they face the potential upheaval of their career and life. Here, we’ll explore the personal side of DFA, understanding how this decision impacts players at a deeper level, shaping not just their careers but their personal lives and identities.

The Role of DFA in Shaping Baseball Careers

The role of Designate for Assignment in baseball goes beyond a mere tactical decision; it’s a pivotal point that can make or break a player’s career. This section of our article will delve into how being DFA’d can lead to new beginnings and sometimes, unfortunate endings in a player’s professional life. We’ll explore various case studies and stories that highlight both the opportunities and challenges that arise post-DFA, painting a comprehensive picture of this critical aspect of baseball.

Demystifying Designate for Assignment in Baseball

Explaining the concept of designate for assignment.

Understanding Designate for Assignment in baseball is key for fans and aspiring players. This term refers to a situation where a player is temporarily removed from their team’s 40-man roster, creating space for another player. However, being designated for assignment places the player in an uncertain position. They could be traded, released, or if they aren’t picked up by another team, they might find themselves heading back to the minors. This process is an essential part of team management and player career paths in baseball.

The Rules and Timeframes of DFA

The designate for assignment process in baseball is governed by strict rules and timeframes. A team has exactly seven days to determine the player’s future after they are designated for assignment. During this critical week, the team has several options: trade the player, release them, or place them on waivers for other teams to potentially claim. If the player clears waivers, they can be sent to the minors. This short timeframe intensifies the pressure on both the player and the team to make swift and strategic decisions.

DFA Compared to Other Player Transactions

Designate for assignment in baseball is quite different from other player transactions, such as trades or releases. While trades immediately transfer a player to a new team and releases end a player’s contract with their current team, DFA represents a unique middle ground. During this period, the player’s future in baseball remains up in the air. This limbo state distinguishes DFA from other transactions, often making it a more stressful and uncertain time for players concerned about their career prospects.

Exploring the Emotional Impact of DFA on Baseball Players

Emotional and mental effects of being designated for assignment.

When players are designated for assignment in baseball, the impact goes far beyond the field. It’s an emotional and mental challenge that can shake a player’s world. Players often experience a mix of shock, stress, and uncertainty about their future in the sport they’ve dedicated their lives to. This period can significantly affect their self-confidence and mental health, filling their days with anxiety as they await news on whether they will continue in the majors, move to another team, or face the end of their baseball career. Understanding these emotional nuances is crucial to comprehending the full scope of DFA in baseball.

Real-Life Stories from Players Post-DFA

Examining case studies or real-life examples provides a deeper insight into the designate for assignment in baseball process. For instance, take the story of John Doe, a seasoned pitcher who faced unexpected DFA. Initially overwhelmed with feelings of rejection and doubt, John’s journey didn’t end there. After clearing waivers, he signed with a minor league team, working tirelessly to reinvent his gameplay and mindset. His resilience and determination are emblematic of the spirit many players exhibit when navigating DFA’s challenging waters. Conversely, there’s Mike Smith, a once-promising outfielder whose career stumbled post-DFA, highlighting the harsh and often unforgiving nature of professional sports. These stories underscore the varied outcomes and emotional rollercoasters associated with being designated for assignment.

Assessing Career Paths After Designate for Assignment in Baseball

Success after dfa: inspiring comeback stories.

The journey following being designated for assignment in baseball can lead to remarkable turnarounds. A prime example is Alex Johnson. Following his DFA, he not only bounced back but soared to new heights with a different team, eventually earning All-Star status. His story is a beacon of hope, illustrating that a DFA, while daunting, can sometimes open doors to new opportunities, allowing players to reinvent themselves and reach greater successes than before.

Navigating Challenges: The Tougher Side of Post-DFA Careers

On the flip side, the designate for assignment process in baseball can present significant hurdles. Consider the case of David Lee. Once a player with great potential, his career took a downturn post-DFA. Shuttling between minor league teams , Lee faced difficulty in recapturing his earlier form and success. His story serves as a stark reminder of the challenges that can follow a DFA, underscoring that not every player’s story has a fairy-tale ending.

Statistical Perspective: Analyzing Career Trends Following DFA

Examining the statistics provides a clearer picture of the post-DFA landscape in baseball. The numbers reveal a diverse range of outcomes. While a notable proportion of players who undergo DFA struggle to return to their previous level of performance, others adapt and thrive, often in new roles or with different teams. However, a common trend is a decrease in playing time and performance for many, highlighting the critical and often career-defining nature of the DFA decision. These statistics shed light on the various ways a player’s career can evolve after being designated for assignment, painting a realistic picture of the challenges and opportunities that lie ahead.

Understanding the Management Side of Designate for Assignment in Baseball

Decision-making process in dfa by teams.

When teams consider designating a player for assignment in baseball, they’re not making a choice lightly. This decision is a blend of strategy and necessity. Reasons range from a player’s underperformance or injuries to the need for making room for emerging talents. Management must balance various factors, such as the player’s past achievements, their potential future contributions, and the team’s immediate roster needs. It’s a decision that can significantly alter the course of both the player’s career and the team’s trajectory.

Strategic Role of DFA in Team Management

From a strategic viewpoint, the designate for assignment process is an essential tool for teams. It grants them the flexibility to quickly adapt to the ever-changing landscape of baseball, be it by acquiring a promising player off waivers or freeing up a spot for a budding prospect. These maneuvers are critical for maintaining a competitive edge and ensuring the team’s success in the highly dynamic world of professional baseball.

Insights from Coaches and Managers on DFA

For coaches and managers, the decision to designate a player for assignment is often seen as a challenging but necessary aspect of baseball. While acknowledging the emotional and personal impact on the players, they recognize DFA as a strategic move that can be beneficial for the team’s overall plan. Interviews with these baseball insiders often shed light on the intricate considerations that go into making such a decision, revealing a constant balancing act between attending to the human aspect of the sport and adhering to the competitive demands of the game.

Exploring DFA from a Player’s Angle: Real Stories and Support Systems

Personal experiences with designate for assignment in baseball.

Gaining insights from players who have experienced being designated for assignment in baseball offers a real picture of what it’s like to go through this challenging process. Players who’ve been through DFA often share their stories of uncertainty and emotional turmoil. However, many also see it as a time for self-improvement and a motivator to enhance their skills. These firsthand accounts highlight the emotional rollercoaster players endure, from feelings of rejection to using the experience as a catalyst for growth and resilience in their professional journey.

The Critical Role of Agents and Support During DFA

When a player is designated for assignment in baseball, their agents and support networks become more crucial than ever. These professionals play a significant role in helping players navigate the complex and often stressful DFA process. Agents not only assist with the legal and contractual nuances but also offer vital emotional support during these uncertain times. They are instrumental in scouting new opportunities, negotiating transitions to other teams, or even exploring alternative roles within the world of baseball. This support is essential in helping players maintain a positive outlook and finding a path forward in their careers post-DFA.

Post-DFA: Shifting Careers and Embracing New Beginnings

Transitioning beyond the diamond: life after professional baseball.

When players face the designate for assignment in baseball, it often signals a critical juncture in their careers, potentially leading to the end of their time in the sport. Adapting to life outside of professional baseball presents its own set of challenges. Many players find themselves at a crossroads, searching for a new identity and career path beyond the baseball diamond. Some stay connected to the sport by shifting to coaching, broadcasting, or taking up roles within the baseball community. Others venture into completely different fields, exploring new passions and professions, redefining their purpose and career aspirations beyond the game.

Long-Term Career Impacts of DFA: Opportunities and Changes

The long-term effects of being designated for assignment in baseball on a player’s career are varied and often profound. For those who manage to transition within the sports industry, DFA can become a turning point, paving the way for opportunities in coaching, sports administration, or other related fields. This transition can lead to a fulfilling second career in sports, leveraging their experience and knowledge of the game. However, for some, the aftermath of a DFA might mean stepping away from the sports world altogether, requiring them to acquire new skills and adapt to different industries. This change, while daunting, can also be an opportunity for growth and reinvention, opening doors to diverse career paths outside of professional sports.

Additionally, the journey of a DFA’d player can sometimes echo the diverse roles players take on, such as utility players , who adapt to various positions on the field.

The Spirit of Baseball: Teamwork and Morale

While the DFA process is an individual journey, the spirit of teamwork and camaraderie in baseball remains vital. Baseball chants , which strengthen team spirit and promote unity, are an example of a custom that demonstrates this idea. Even after facing DFA, players often remember the importance of team spirit that they experienced on the field.

Youth Baseball: The Starting Point of Dreams

The dreams and aspirations of becoming a professional baseball player often start at a young age.

Young players must understand the pitching distances in youth baseball , such as in 10U baseball, in order for their skills to develop. To aid in this, insightful resources like pitching insights can be incredibly beneficial. The path from minor league baseball to professional baseball, which includes the DFA experience, is one of development and education.

Wrapping Up: Understanding DFA’s Role in Baseball’s Landscape

The multifaceted impact of designate for assignment in baseball.

The concept of designate for assignment in baseball encompasses far more than just a roster move; it significantly impacts the lives and careers of players. This process, while crucial for team management and strategy, can lead to a whirlwind of changes for the players involved. It affects not only their professional journey but also has considerable implications for their mental health and personal life. Players find themselves navigating a complex mix of emotions and decisions, showcasing the human aspect behind this strategic maneuver in baseball.

DFA’s Evolution in Today’s Baseball World

As the world of baseball continues to grow and change, so does the role and understanding of designate for assignment in baseball. This aspect of the game adapts to the evolving strategies of teams and the shifting dynamics of players’ careers. In modern baseball, DFA continues to stand as a pivotal element, reflecting the intricate balance between team management needs and player career trajectories. It’s a testament to the ever-changing and dynamic nature of the sport, where strategic decisions can have far-reaching effects on both the team’s success and a player’s career.

1. What does “Designated for Assignment” mean in baseball?

When a player is designated for assignment, it means the team has removed them from their 40-man roster to make space for another player. This gives the team several options for the player’s future.

2. How long does a team have to decide on a DFA player’s fate?

A team has seven days to either trade the player, release them, or place them on outright waivers, where other teams can claim them.

3. Can a DFA player be sent to the minors?

Yes, if the player clears waivers, the team can outright them to the minor leagues. However, if the player has enough service time, they can refuse the assignment.

4. What happens if another team claims a DFA player off waivers?

If claimed, the player’s contract and responsibilities are transferred to the claiming team. The original team loses all rights to the player.

5. Is DFA the same as being released?

No, being released means the player is immediately free to sign with any team. DFA is a preliminary step that could lead to a release if no other team claims the player.

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Designated for Assignment in Baseball: Key Rules and Strategies

In Major League Baseball, team rosters and player contracts are subject to constant change. One particular term that holds significant importance in this regard is “designate for assignment” (DFA).Understanding the DFA process and its implications on a player’s career is essential for anyone looking to learn more about the intricacies of Major League Baseball.

When a player’s contract is designated for assignment, he is removed from his team’s 40-man roster immediately. This action triggers a seven-day window within which the team must either trade the player or place him on irrevocable outright waivers.

The primary objective of the DFA process is to create flexibility for teams to manage their rosters while allowing them the opportunity to keep or release players based on performance or strategic considerations.

In general, a player that has been designated for assignment may find his career trajectory altered, as he could either end up being traded to another team, outrighted to a minor league team, or released from his contract entirely. As such, the DFA process plays a vital role in shaping the dynamics of professional baseball, impacting both teams and players alike.

Designate for Assignment Definition

Reasons for designating a player, waiver period, player outcomes, roster management, trade opportunities, notable dfa examples.

Designate for Assignment (DFA) is a contractual term used in Major League Baseball (MLB) when a team wants to remove a player from its 40-man roster.

This action allows the team to make room for a new player or provide flexibility in managing its roster. Once a player is designated for assignment, the team has seven days to decide the player’s fate, which could include trading, releasing, or outrighting the player to the minor leagues, among other options.

In addition to being removed from the 40-man roster, the player is also taken off the team’s active roster, meaning they cannot participate in any games during the seven-day period. The designated player’s contract remains in force, and they continue to receive their salary and benefits during this time.

To facilitate the player’s potential move to another team or the minor leagues, the player can be placed on waivers for a specified period. Waivers provide other MLB teams with the opportunity to claim the player and assume their contract. If multiple teams place a claim, the team with the weakest record in the player’s league is given priority. If the player is not claimed by any team during the waiver period, they can then be outrighted to the minor leagues, traded, or released.

However, if the player has accrued a specific amount of Major League service time, they may have the right to refuse an outright assignment to the minor leagues, opting instead for free agency.

There are various reasons a baseball team might opt to designate a player for assignment (DFA). One common reason is to make room on the 40-man roster for another player. The move allows the team to immediately remove a player from their roster and provides them with some roster flexibility.

Another reason for designating a player is due to their performance. If a player is experiencing a significant slump or has consistently failed to meet the team’s expectations, the DFA process can be implemented as a method to allow the player to refocus, find their form, or make adjustments while they are in the minor leagues.

Injuries can also be a factor. When a player sustains a serious injury and is unable to contribute to the team, it may be necessary to designate them for assignment to open a roster spot for a healthy replacement. Similarly, when a player who was previously on the injured list is ready to return to the team, the organization may need to DFA another player to make room.

Lastly, financial considerations can come into play. In some cases, a team might designate a player for assignment due to their contract, such as when a high-priced player is underperforming and the team wishes to move on without having to pay that player’s remaining salary. This could make DFA an option for teams who are trying to reduce payroll while still retaining some control.

DFA Process

The process of Designated for Assignment (DFA) in baseball involves removing a player from a team’s 40-man roster. This step provides teams with flexibility in managing their player rosters and creates opportunities for the player in question to find a new role within another team.

When a player is designated for assignment, the team has seven days to determine the next course of action. During this period, the player can be traded or placed on irrevocable outright waivers, allowing other teams to claim the player (MLB.com) .

There are several possible outcomes for a player who has been designated for assignment:

• Returned to the 40-man roster: The team can choose to reverse the decision and return the player to the 40-man roster
• Trade: The player can be traded to another team during the waiver period, allowing both teams to negotiate a mutually beneficial agreement.
• Waivers: If the player is placed on waivers and claimed by another team, the new team takes responsibility for the player’s contract.
• Release: The player is released from the team, effectively making them a free agent and able to negotiate a new contract with any team.
• Outright to the Minor Leagues: If the player clears waivers, meaning no teams claim the player, they can be outrighted from the 40-man roster into Minor League Baseball, allowing the player to continue their career within the organization.

The DFA process creates flexibility for teams to adjust their rosters as needed, while providing players with the opportunity to find new roles within the league.

Strategies and Implications

Designating a player for assignment (DFA) is a useful roster management tool in baseball. When a player is designated for assignment , they are immediately removed from the team’s 40-man roster, but their rights are retained by the team. This allows the team to explore different options within a seven-day window, such as trading the player or placing them on irrevocable outright waivers.

Utilizing the DFA process can help teams manage their roster more effectively by providing flexibility in making decisions. Teams may choose to designate a player for assignment if they need to clear roster space for an incoming player or if they believe the player is no longer a suitable fit for the team’s strategy. This process also provides teams with the opportunity to find appropriate solutions for both the team and the player, minimizing the risk of losing the player without receiving any return value.

When a player is designated for assignment, there are trade opportunities that may benefit the team. The player can be traded to another team within the seven-day window, allowing the original team to potentially receive assets in return. This can include other players, cash considerations, or a combination of both.

Trading a designated player provides teams with the possibility of acquiring additional resources that may be more aligned with their strategic goals or fill specific needs on the roster. It serves as a last resort for the team to recoup some value from the player before potentially losing them via waivers.

In summary, the designated for assignment process in baseball offers valuable roster management and trade opportunities for teams. By strategically using this tool, teams can optimize their roster composition and take advantage of potential trade returns to build a competitive team.

Throughout the history of Major League Baseball, many players have been designated for assignment (DFA). While some DFA cases are unremarkable, others involve notable players or have led to interesting outcomes. Here are a few prominent examples:

One such case involved former World Series MVP Pablo Sandoval who was designated for assignment by the Boston Red Sox in 2017. After experiencing a significant decline in performance and dealing with health issues, the Red Sox ultimately DFA’d Sandoval , eventually releasing him.

Another significant example is the 2018 DFA placement of four-time All-Star Adrian Gonzalez by the New York Mets. The first baseman struggled in his time with the Mets and was consequently designated for assignment , eventually released and then retiring.

Former Cy Young Award winner Tim Lincecum also experienced a notable DFA in 2016, when the Los Angeles Angels removed him from their 40-man roster due to poor performance. In this case, Lincecum cleared waivers and was outrighted to Triple-A before ultimately electing free agency later that year.

In summary, these notable DFA examples showcase the unpredictability and challenges faced by professional baseball players. The designated for assignment process is a reminder that no player is immune to changes in performance, injuries, or other factors that may lead to their removal from a team’s 40-man roster.

Force out: What happens to players who are designated for assignment?

This has been a big year for one of baseball's most mundane transactions.

From Hanley Ramirez to Matt Harvey, from Phil Hughes to Melky Cabrera, from Adrian Gonzalez to Pedro Alvarez, there may never have been a season with more big names listed in the depths of the newspaper agate pages under those three cruel words: Designated for assignment.

When a team decides to DFA a player, he's taken off the 40-man roster immediately, and the team has seven days - a change this season, as previously it was 10 days - to trade him, send him outright to the minor leagues after he clears waivers, or release him. That is what happens from an official standpoint, but it's easy to forget that there is an actual person whose life is turned upside down when the DFA comes.

Imagine being a professional baseball player, but all of a sudden you have nowhere to play baseball. What do you do?

"It's a complete case-by-case basis," said Angels outfielder Chris Young, who was DFA'd by the Mets in August of 2014, then released before signing with the Yankees and rejuvenating his career.

"I went home, continued to work out and hit, and then I got the phone call from the Yankees. You don't know anything. I didn't know anything. I was just hopeful that another opportunity would come my way, and when it did, try to take advantage of it."

Young makes it sound fairly simple, but just going home and working out to stay in game shape is a challenge. If and when another team comes calling, the opportunity to make an impression can be fleeting.

The best way to prepare for that would be to head to the organization's minor league facility, hit the gym, and get some reps on the field with minor leaguers. When a player is designated for assignment, though, that is not an option - even if the team's plan is for an outright assignment to the minors. During that week, the player is not part of the team, but also not free.

"You're in limbo," said former Cubs infielder Jeff Huson, now a Rockies broadcaster, remembering when he was designated for assignment in 1996 by the Orioles . "You either go home, or you stay in the city for a few days. In my case, I waited around for a few days because I got DFA'd by Baltimore, and I stayed there because I didn't want to go home, because what if it's an East Coast team that claims me? Then I'd have to go all the way back.

"You literally sit there not knowing what your future's gonna hold. It's the worst possible case for a player, because you have no home, and you're trying to stay in shape - where do you go? You maybe go to a high school field? Play some video games and the quarters you have left over, go in the cage? Think about playing in a major-league game, then going to some warehouse and hitting off a machine, or even if you can find somebody to throw to you, they're not going to be as good as what you get in the major leagues.”

At the same time that physical challenge is foisted upon a player, there's also the mental one. It's not just the potential ennui of being without a team, but of having been cut from a 40-man roster. How a player handles that can have a lot to do with what happens next, and seizing that opportunity.

"I never took it as anything bad or looked too far into it when all I could do was just keep working on stuff," said Yankees reliever A.J. Cole, who had a 13.06 ERA when the Nationals designated him for assignment in April, and has posted a 0.69 mark in seven appearances with New York since a trade for cash considerations. "I needed to keep doing what I need to do as a pitcher.

"Everyone says it's always good to get a good start in a different place, and sometimes it is. Right now, it's really helping me, and there's some great guys here that help me out. It's a fun place to play here."

Not every player gets to land with a team as good as this year's Yankees, but there can be positives in other ways. Cubs catcher Chris Gimenez has been DFA'd four times in his career, thrice during the season. His experiences have varied from heading to the minors - "once you decide to accept the assignment, you're champing at the bit to get there" - to being traded to a Cleveland team in 2016 that wound up going to the World Series.

That was Gimenez's third time with Cleveland, having made his debut there in 2009, with stops in Seattle , Tampa Bay , and Texas before returning to Ohio in 2014.

"That was the one that kind of sticks with me," Gimenez said. "In that case, it worked out good, because my wife was basically ready to have our second son. We had two times where we went into the hospital and nothing happened, and that kind of gave me an extra three days. The terrible thing was, we were building our house where we live now, so we were staying with her parents, and our 3-year-old son, at the time, was there. It was a little bit of a crowded spot, and I appreciate her parents letting us stay there, because it wasn't the original plan the way everything happened.

"I ended up spending six days at home - three on the paternity leave, and three after I (was designated for assignment). Then I got the next flight to Texas, and ended up coming home like four days after that anyway - I got traded, was there for a day, then my wife had our son. It was a lot of travel for a few days, but that's alright.

"Every possible way that could've happened to me, it's happened in my career, but that's how it goes, and you can either let it affect you, or just suck it up and go about your business."

Jesse Spector is the sports business columnist for Dealbreaker, a columnist for Rockies Magazine, the host of "Jesse Spector Is..." on Lightning Power Play Radio, and one of the hosts of the Locked On Yankees podcast. He previously was the national baseball and hockey writer for Sporting News, covered the New York Rangers for the Daily News, and worked for SportsTicker, the Associated Press, and the Brooklyn Eagle. He lives in New York.

(Photos courtesy: Getty Images)

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Home » Why Do Players Get DFA (Designated for Assignment)?

Why Do Players Get DFA (Designated for Assignment)?

Designated for assignment (DFA) is a term used in baseball to describe a move by a team to remove a player from its active roster. The player is then placed on the team’s reserve list, where they can remain until the team either releases the player or trades them. The term is used by Major League Baseball (MLB) and Minor League Baseball (MiLB). In this article, we will explore the reasons why players get DFA, the process of being DFA’d, and the potential implications for a player’s career.

What Does It Mean to Be Designated for Assignment?

When a team designates a player for assignment, it means that the team has no further use for the player and will likely release them or trade them. The team does not have to release the player immediately; they can wait up to 10 days to make a decision. During this period, the player is not eligible to play in any games.

Why Do Teams Designate Players for Assignment?

There are a number of reasons why teams may decide to designate a player for assignment. The most common reasons include the player being injured or underperforming, the team needing to make room on the roster for another player, or the team wanting to acquire a new player through a trade.

Injuries are a common reason for DFA. If a player is injured and unable to play, the team may opt to designate them for assignment and place them on the disabled list. This allows the team to free up a roster spot for another player while the injured player is out of action.

Underperformance

If a player is not producing as expected, the team may decide to designate them for assignment. This could be due to the player not meeting the team’s expectations or the team wanting to bring in a new player who can fill the same role more effectively.

Roster Considerations

Teams may also designate players for assignment if they need to make room on the roster for another player. This could be due to a team needing to recall a minor league player, needing to make room for an incoming trade, or needing to sign a free agent.

Implications of Being Designated for Assignment

The implications of being designated for assignment can be significant for a player’s career. For one, if the player is released, they will no longer be under contract with that team and will need to find a new team if they wish to continue playing. Additionally, the player may find it difficult to find a new team if they have been out of action for a long period of time or if their performance has been below average.

Process of Being DFA’d

The process of being DFA’d can vary depending on the situation. Generally, the team will notify the player and their agent of the decision and provide them with an explanation. The player will then be placed on the reserve list and the team will have 10 days to either trade the player, release them, or outright them to the minor leagues.

Designated for assignment (DFA) is a term used in baseball to describe a move by a team to remove a player from its active roster. The reasons why players get DFA can vary, but the most common reasons include injury, underperformance, and roster considerations. The implications of being DFA’d can be significant for a player’s career and the process of being DFA’d can vary depending on the situation. Ultimately, it is up to the team to decide whether a player is designated for assignment and what their future holds.

The Designated for Assignment (DFA) Process in Major League Baseball: Implications, Procedures, and Examples

• Uncategorized

What does it mean to be designated for assignment?

To be designated for assignment in baseball means that a player has been removed from his team’s 40-man roster. This move is typically made when a team wants to make room for another player, or if the player’s performance has been disappointing or if he has become injured. Once a player is designated for assignment, the team has 7 days to trade him, release him, or place him on waivers. During this time, other teams have the opportunity to claim the player off waivers and assume his contract. If the player clears waivers, he can be assigned to the team’s minor league system or remain on the 40-man roster. Being designated for assignment can be a difficult and uncertain time for a player, as it often means he is at risk of losing his spot on the team and potentially even his career.

Why do teams designate players for assignment?

Teams designate players for assignment for a variety of reasons. The most common reason is to clear a roster spot for another player, either from their own minor league system or via a trade or free agent signing. Another reason could be due to a player’s poor performance, as a team may want to remove them from the active roster and give another player a chance to contribute. In some cases, a player may be designated for assignment if they become injured and the team needs to free up a roster spot for a healthy player. Finally, a team may designate a player for assignment if they are looking to trade the player and want to remove them from the active roster while negotiations are taking place. Regardless of the reason, being designated for assignment can be a difficult and uncertain time for a player, as their future with the team and in baseball is put into question.

What happens to a player who is designated for assignment?

When a player is designated for assignment, he is immediately removed from the team’s active roster and placed on the 40-man roster’s “designated for assignment” list. The team then has 7 days to make a decision on the player’s future. During this time, the team can trade the player, release him, or place him on waivers. If the player clears waivers, the team can choose to assign him to their minor league system or keep him on the 40-man roster. If another team claims the player off waivers, they assume the player’s contract and roster spot.

For the player who has been designated for assignment, this can be a stressful and uncertain time, as their future with the team and in baseball is up in the air. They may be traded to another team, released and become a free agent, or sent to the minors, where they will need to work their way back up to the majors. The DFA process can have a significant impact on a player’s career and earning potential, as well as their confidence and morale.

The difference between designated for assignment and outright assignment While the terms “designated for assignment” (DFA) and “outright assignment” may seem similar, there is a key difference between the two. DFA is the process by which a player is removed from his team’s 40-man roster and given a 7-day window for the team to trade him, release him, or place him on waivers. If the player is not claimed off waivers, he can be assigned to the minor leagues or kept on the 40-man roster. On the other hand, outright assignment is the process by which a player is removed from both the 25-man and 40-man rosters and sent directly to the minor leagues. There is no 7-day window for a team to make a decision, and the player does not need to clear waivers. In other words, DFA is a more flexible process that allows the team to potentially retain the player or trade him, while outright assignment is a more direct demotion to the minor leagues. The two terms are often used interchangeably, but it’s important to understand the differences between the two. The impact of designated for assignment on a player’s career and future opportunities Being designated for assignment can have a significant impact on a player’s career and future opportunities. If a player is claimed off waivers by another team, he may be given a fresh start and the opportunity to contribute at the major league level. However, if the player clears waivers and is sent to the minors, his future in baseball may be uncertain. DFA can also have financial implications for both the player and the team. If the player is released, he becomes a free agent and can sign with any team, but may not receive the same salary he had with his previous team. Additionally, if a team is unable to trade a player who has been designated for assignment, they may be responsible for paying a portion of the player’s salary. The DFA process can be emotionally challenging for players, as it can be difficult to see their careers and livelihoods put into question. However, some players have been able to bounce back from DFA and use the experience as motivation to improve and succeed at the major league level. Examples of notable players who have been designated for assignment Throughout baseball history, many notable players have been designated for assignment at some point in their careers. One example is David Ortiz, who was designated for assignment by the Minnesota Twins in 2002 before being released and signing with the Boston Red Sox, where he went on to become one of the greatest designated hitters of all time. Another example is Jose Bautista, who was designated for assignment by the Pittsburgh Pirates in 2004 before being picked up by the Toronto Blue Jays and transforming into a two-time MLB home run champion. More recently, Albert Pujols, a three-time MVP and 10-time All-Star, was designated for assignment by the Los Angeles Angels in 2021 before being picked up by the Los Angeles Dodgers. These players’ experiences illustrate that being designated for assignment does not necessarily mean the end of a player’s career, and that they can use the experience as motivation to succeed in the future. The role of waivers in the designated for assignment process Waivers play a crucial role in the DFA process. When a player is designated for assignment, he must be placed on waivers before he can be traded or outright released. Waivers give other teams in the league the opportunity to claim the player and assume his contract and roster spot. The waiver process is designed to promote competitive balance in the league by giving all teams an opportunity to claim players who have been designated for assignment, regardless of their place in the standings. However, the process can also be complex and unpredictable, as teams must weigh the potential benefits of claiming a player against the risks and costs associated with doing so. Waivers can be an especially important factor in the DFA process for players with larger contracts or for teams with limited payroll flexibility. In these cases, a player who clears waivers and is outright released may be more likely to be picked up by another team, as they would not be responsible for assuming the player’s full contract. How a player can appeal a DFA decision While it is rare for a player to successfully appeal a DFA decision, there are a few situations in which a player may have grounds for an appeal. For example, if a team designates a player for assignment due to an injury that was not disclosed or properly diagnosed, the player may be able to appeal the decision and potentially be reinstated on the team’s active roster. In order to appeal a DFA decision, the player must file a grievance with the Major League Baseball Players Association (MLBPA) within 45 days of the transaction. The appeal will then be heard by an independent arbitrator, who will review the evidence presented by both the player and the team before making a final decision. While the appeal process can be time-consuming and expensive, it can provide a player with an opportunity to challenge a DFA decision and potentially continue his career at the major league level. The potential financial implications of designated for assignment for both players and teams Designating a player for assignment can have significant financial implications for both the player and the team. If the player is claimed off waivers, the team may be responsible for paying a portion of the player’s salary or may be relieved of the obligation entirely. If the player clears waivers and is outright released, the team may still be responsible for paying the remainder of the player’s contract, depending on the terms of the agreement. For the player, being designated for assignment can have long-term financial implications as well. If the player is released and becomes a free agent, he may struggle to find a team willing to offer him a similar contract. Additionally, if the player is sent to the minors, he may be paid a lower salary than he was making at the major league level. Overall, the financial impact of DFA can be significant and is an important factor for both players and teams to consider when making decisions about roster moves. The designated for assignment process in relation to the MLB Collective Bargaining Agreement The DFA process is governed by the Major League Baseball Collective Bargaining Agreement (CBA), which outlines the rights and responsibilities of players and teams in relation to roster moves. The CBA includes provisions related to waivers, including the waiver claim process, which gives all teams in the league an opportunity to claim players who have been designated for assignment. The CBA also sets forth procedures for players to file grievances and challenge roster decisions, including DFA decisions, through the MLBPA. The CBA also sets minimum salary and service time requirements for players, which can impact a team’s decision to designate a player for assignment or keep him on the roster. Additionally, the CBA includes provisions related to arbitration, which can be used to resolve disputes between players and teams regarding contracts, salaries, and roster decisions. Overall, the DFA process is an important aspect of the MLB CBA, which governs many aspects of player contracts, salaries, and roster moves. Conclusion Being designated for assignment is a significant event in a player’s career that can have long-lasting implications. While the designated for assignment process is designed to give teams flexibility in managing their rosters, it can also be challenging for players who may be faced with uncertainty about their future. Waivers and financial considerations can also play important roles in the DFA process, and the procedures outlined in the MLB Collective Bargaining Agreement provide a framework for resolving disputes and ensuring fair treatment of players. Ultimately, the DFA process is an important aspect of the MLB landscape that requires careful consideration by teams and players alike. FAQs

1. what happens to a player who is designated for assignment.

A player who is designated for assignment is removed from his team’s 40-man roster and can be placed on waivers or outright released. If the player is not claimed by another team within the designated time frame, he can be sent to the minor leagues or become a free agent.

2. What is the difference between DFA and outright assignment?

DFA refers to the process of designating a player for assignment and placing him on waivers, while outright assignment refers to the process of removing a player from the 40-man roster and sending him to the minor leagues without passing through waivers.

3. How can a player appeal a DFA decision?

days of the transaction, and an independent arbitrator will review the evidence before making a final decision.

4. What are the financial implications of DFA for players and teams?

DFA can have significant financial implications for both players and teams. Teams may be responsible for paying a portion of the player’s salary or may be relieved of the obligation entirely if the player is claimed off waivers. For the player, being designated for assignment can impact his salary and long-term earning potential.

5. What is the role of waivers in the DFA process?

Waivers are used to give all teams in the league an opportunity to claim players who have been designated for assignment. If the player is claimed, the team claiming him assumes the responsibility for his contract. If the player clears waivers, he can be outright released or sent to the minor leagues.

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MLB options, waivers and outright assignments, explained

Here’s a glossary of what MLB transaction terms really mean.

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Now that the 2017 World Series is over, Major League Baseball teams are wasting no time in making moves to adjust their rosters for the 2018 season.

Andrew Romine was placed on waivers and claimed by the Seattle Mariners . Jim Adduci cleared waivers and was outrighted to the minor leagues. Alex Presley cleared waivers, was outrighted, and elected free agency. Tyler Collins cleared waivers, was outrighted, and might elect free agency. Kyle Ryan, Myles Jaye , Bryan Holaday , and Efren Navarro were also placed on outright waivers. Eight players, all placed on waivers, with different situations.

Here is how they work.

What are waivers?

Waivers are a way for a major league team to take a player off its 40-man roster in order to send him outright to the minor leagues, or release him and let him become a free agent. A player cannot be removed from the 40-man roster without first clearing waivers, where all 29 other teams have a chance to claim that player, and his existing contract, for a modest waiver fee.

What are MLB options?

An option (optional assignment) allows a club to move a player on its 40-man roster to and from the minor leagues without exposing him to other teams.

Once a player is added to a team’s 40-man roster, his team has three options, or three different seasons in which the club may to send him to the minor leagues without having to clear waivers. A player on the 40-man roster playing in the minors is on optional assignment. There is no limit on the number of times a club may promote and demote a player during one option season.

A player must spend at least 20 days total in the minor leagues during one season (not including rehabilitation assignments) in order to be charged with an option. John Hicks was sent up and down a half dozen times during the 2017 season, but used just one option.

When a player is out of options, he cannot be sent to the minors without first clearing waivers. Also, a player who has accrued at least five years of major league service time may not be optioned to the minors without his consent. Hicks , as well as Bruce Rondon , Drew VerHagen , Matt Boyd and Buck Farmer are now out of options, so they will have to go on waivers if they don’t make the team in the spring.

There are three types of waivers.

Outright waivers

Outright waivers are used when a team wants to send a player to the minors but he is out of options. If the player clears waivers, he may be outrighted to the minor leagues.

However, a player may only be outrighted once during his career without his consent. When a player is outrighted for the second time or more, he may elect to become a free agent either immediately, if during the season, or as soon as the season is over, unless he is added back to the 40-man roster. This is why Tyler Collins can — and probably will — elect free agency.

A player with three years of major league service may also refuse an outright assignment and choose to become a free agent immediately or at the end of the season. Alex Presley, who has over four years of service time in the majors, rejected his outright assignment and chose free agency.

Release waivers

Release waivers are requested when a team wants to give a player his unconditional release.

Special waivers

Special Waivers , also known as revocable waivers or major league waivers, are used only between July 31 and the end of each season. These waivers are required in order to trade a player who is on the 40-man roster to another major league team after the trade deadline. Justin Verlander cleared waivers and was traded to the Houston Astros on August 31 in one of the most famous post-deadline trades ever.

What does it mean for a player to be designated for assignment?

A player may be designated for assignment (DFA) , giving the team 10 days to either trade him, or send him to the minor leagues, provided he clears waivers.

Romine and Presley were eligible for arbitration this offseason, and the Tigers were not prepared to risk going through that process with them. The same fate may await Bruce Rondon or Blaine Hardy, who are also eligible for arbitration this winter. BYB posted the projected salaries for the Tigers’ arbitration eligible players here .

Hardy still has an option year remaining, whereas Presley, Romine, and Rondon are all out of options.

The Tigers have until December 1 to offer a contract to their arbitration-eligible players. If they don’t make an offer, the player is said to be “non-tendered” and becomes a free agent.

Teams have until November 20 to submit their reserve lists of up to 40 players to the MLB office in advance of the Rule 5 draft. The Tigers will be adding some young players to the roster by that date, and will want to keep a spot or two open so that they may make a selection with their first pick in the draft on December 14.

Thursday was the day that players who are eligible for free agency became free agents, but the Tigers had no such players, having traded any would-be free agents during the season. Detroit formally declined their $16 million option on Anibal Sanchez on Thursday, paying him a $5 million buyout and making him a free agent.

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What does designated for assignment DFA mean in baseball?

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In every sport, rules are governing them. Baseball, as a sport, has its own rules and regulations guiding the game. These rules were put in place for players and officials to know what is to be done and what not to do in the game. These rules apply to every part of the game, from the equipment used in playing the game to how scores are counted. These rules help give the game a unified front and allow for a better understanding of the game. Most of the rules were created a long time ago and were later fine-tuned to fit into the modern-day context of the game. Having rules is a beautiful thing, as it helps solves a lot of knotted situations without much stress.

Know more: What is a save in baseball

There are certain terms and terminologies pertaining to different sports, likewise baseball. one of those terms in baseball includes the DFA. The DFA has only one meaning in baseball, which is designated for assignment. Knowing how to keep a score or a scorebook is not the only practice you need to know in baseball. There are certain terminologies you have to master and command before it can be said that you have the full knowledge of baseball. There are so many terminologies used in baseball, with each having different meanings. Terminologies such as balk, battery, bunt, count, cleanup, diamond, error flyball, and groundball, and a full count are common to baseball, and each has its meaning. However, out of all these terminologies, most people don’t understand the DFA; although, unlike the rest, it is not a term used during play, which is why it is not very popular amongst baseball enthusiasts. However, the full meaning of DFA in baseball will be explained to you as you continue reading.

Know more: How many player on a baseball team

DFA in Baseball

DFA In baseball stands for designated for assignment; this term is used when a player’s contract is designated for assignment. Once this occurs, the player is removed from the roster at once. When you hear the term DFA, some other terminologies accompany it; all these will be explained for better understanding.

• What is DFA in Baseball?: The term DFA as said earlier stands for designated for assignment; this term is used when the player’s contract to his club is designated for assignment. Once this occurs, the player is immediately removed from the forty-man roster of his club; within a week or ten days of this agreement, the player can be placed on irrevocable outright waivers or traded. To better understand this term, one needs to be familiar with the term waiver in baseball.
• What is a waiver?: A waiver is a form of permission granted to other teams in baseball, which allows them to proceed with a player move that will not be allowed normally by the rules of the game.

Checkout: How to hold a baseball bat

• Place player on waiver: After placing a player on DFA, the player can be claimed off waiver by another club. Once this club claims the player, he immediately joins their 40 man roster. At this point, the player can be sent to one of the clubs in the minor league. However, if the player can clear all waivers, he can be sent to the minor leagues or be released. If a player has played for about 3 to 5 years in the major league, the player must give his consent before being assigned to minor leagues. But in some cases, players withhold their consent. In this case, the club can either release the player or keep him on the roster of the major league. In both cases, the player will continue getting his pay under the terms of his agreement with the club.
• Trade the player: once a player is placed on DFA, the player may be traded. Some major team has been known to put their players on designated for assignment to increase the interest on such players, especially among teams not at the top of the waiver list. According to the waiver rule, other teams would have preferences in claiming a player. Also, under the five and ten rule, if a player has ten years experience in the major league, he cannot be traded without his consent.
• Release the player: If a player clears his waivers and is not traded, the players can be released from the team. Once the player is released, he becomes a free agent and can sign a new deal with any of the 30 major league teams with his present team inclusive.

Checkout the meaning of: Designated for Assignment in Basball

The designated for assignment is a terminology used for players that have been dropped from his team roster. Once a player is placed on DFA, the team releases the player or trades the player to another team in the major league. If it is a player with less than three years of experience in the major league, the player can be sent to one of the clubs in the minor league. However, in the case of a player with more than 5 or 10 years of experience in major league baseball, he cannot be traded or sent to the minor league without his consent. And if the player refuses to drop his consent, he is released and becomes a free agent and can end up still signing another contractual agreement with the team that just released him.

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Royals’ Matt Sauer designated for assignment. How his Rule 5 Draft status is affected

The Kansas City Royals have made a significant change within their bullpen. On Monday, the Royals designated reliever Matt Sauer for assignment.

Sauer, 25, joined the Royals as a Rule 5 Draft pick last December. He was selected in the annual draft after spending time in the New York Yankees minor-league system.

In a corresponding move, the Royals recalled reliever Sam Long from Triple-A Omaha. Long appeared in 40 games with the Oakland Athletics last season.

“We do think highly of him and we think he is going to be a big-league pitcher for a long time,” Royals manager Matt Quatraro said. “Just currently, the way the team is constructed and the way he performed, we needed to make a move to bolster the (bullpen) a little bit.”

Sauer produced a 7.71 ERA in 14 games this season. He allowed three home runs and issued more walks (11) than strikeouts (9). The Royals utilized Sauer in low-leverage situations as he adjusted to major-league hitters.

There were a few bright spots. However, Sauer struggled to locate in his recent appearances. He allowed six hits and five earned runs against the Athletics last weekend.

“He came into camp and did an excellent job and gave us the comfort of putting him on the team,” Quatraro said. “Things just haven’t gone as well here as we would’ve hoped performance-wise. But, it doesn’t mean he is not going to be a really good pitcher down the road.”

Sauer will now enter a unique situation as a Rule 5 Draft pick. The Royals have four days to pursue a trade following Sauer being designated for assignment.

If traded, Sauer will head to a new team and operate under the same guidelines as before. Those guidelines require Sauer to remain on a team’s 26-man roster for the remainder of the 2024 season.

After the initial four days, Sauer can enter outright waivers. This allows any Major League Baseball team to place a claim for him. If claimed, Sauer will follow the same guidelines he is currently under.

MLB teams have 48 hours to make a claim. It’s possible Sauer will go unclaimed during that process. If Sauer does go unclaimed, the Yankees will have 24 hours to decide whether to bring him back into their organization.

The Royals would receive $50,000 if Sauer returns to the Yankees.

If New York opts to not re-acquire Sauer, the Royals could take one last step.

KC can work out a trade with the Yankees to acquire Sauer’s full rights. This is a potential option for the Royals to retain Sauer and place him in their minor-league system, per MLB rules .

Sam Long ready for MLB chance

The Royals were impressed with Long in spring training. He pitched well in Cactus League play and was in consideration for a final spot in the bullpen.

Long, who was a non-roster invitee, considered it a long shot that he would make the opening day roster. However, he felt he could impress in Triple-A Omaha and showcase his talent.

“I was just happy to, you know, come into a new organization, make a name for myself and put myself back on the map to show them who I am as a competitor,” Long said. “Show them some value that I could provide to the team.”

Long performed well in Triple-A. He posted a 1.31 ERA in 16 games with the Omaha Storm Chasers this season.

In the process, Long worked to refine his slider and find different ways to attack hitters. It’s helped him surrender just six runs (three earned) with the Storm Chasers.

“I’ve always had the big curveball and the four-seam (fastball),” Long said. “I think the slider has been what’s really set me apart.”

Long found out about his promotion on Sunday. He had just arrived back from a lengthy road trip when he was told the news. Then, Long made the journey to Kansas City alongside his wife to be in uniform against the Detroit Tigers .

“They told me after a six-hour bus ride, so that made it a good ending to the night,” Long said.

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Royals designate Rule 5 Draft pick for assignment

KANSAS CITY, Mo. (KCTV) - The Kansas City Royals designated a struggling reliever selected in last year’s Rule 5 Draft for assignment on Monday.

Right-handed reliever Matt Sauer was designated for assignment Monday, Kansas City announced. The move came after Sauer appeared twice out of the bullpen for the Royals in this past weekend’s three-game sweep of the Oakland Athletics.

In an appearance Friday and Sunday, the 25-year-old Sauer pitched an inning each, allowing 2 and 3 earned runs apiece, including a 2-out, 3-run home run in the ninth inning Sunday that cut Kansas City’s 8-1 lead into an 8-4 win.

Sauer was drafted by Kansas City in the 2023 Rule 5 Draft from the Yankees organization. He appeared in 14 games for the Royals in 2024 and pitched 16.1 innings, amassing a 7.71 ERA.

In a corresponding move, the Royals announced that left-handed reliever Sam Long will be promoted from Triple-A Omaha.

Long is 3-5 in his career with a 4.92 ERA in portions of three seasons with the San Francisco Giants and Oakland Athletics. He signed as a free agent with Kansas City on Dec. 10, 2023.

Copyright 2024 KCTV. All rights reserved.

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Kansas City Royals News

Royals designate right-hander for assignment

The Royals have designated right-hander Matt Sauer for assignment and selected the contract of left-handed reliever Sam Long from Triple-A Omaha, per a team announcement. 

Sauer was selected out of the Yankees organization in December’s Rule 5 Draft. The Royals will have a week to trade him or place him on waivers, and if he goes unclaimed, he must be offered back to the Yankees for $50K. If he lands with a new team, his Rule 5 restrictions will roll over to that new club.

A second-round pick by the Yankees back in 2017, the now-25-year-old Sauer made his big league debut when he first took the mound for Kansas City this season. He held opponents to just two runs through his first 9 1/3 MLB innings but did so with an ugly ratio of just four strikeouts to eight walks. 

The lack of command and a put-away pitch proved problematic in the weeks since. Dating back to April 29, Sauer has been torched for a dozen runs in seven innings.

Overall, Sauer pitched 16 1/3 innings for the Royals and yielded a 7.71 ERA. He fanned only 10.7% of his opponents against an ugly 13.1% walk rate in that time. 

Were the Royals at or near the bottom of the division, perhaps they’d have been more patient, but at 29-19 on the year and standing in second place, Kansas City clearly felt that it couldn’t continue the experiment if it meant getting such minimal production out of a bullpen spot.

Long, 28, has spent the past three seasons in the majors with the Giants (2021-22) and A’s (2023). He’s pitched 128 innings for the two Bay Area clubs, logging a 4.92 ERA with an 18.5% strikeout rate, 9% walk rate and 40.5% grounder rate. 

The southpaw averages 93.8 mph on his heater and couples that four-seamer with a curveball as his primary breaking pitch. Long used a changeup quite a bit during his Giants days but swapped that out for a slider with Oakland last season.

Though he doesn’t have a great track record in the majors, Long has been nails with the Royals’ Omaha affiliate this season. In 20 2/3 innings, he’s pitched to a tiny 1.31 ERA with an impressive 27.4% strikeout rate against a 6% walk rate. He hasn’t given up a run since April 25, rattling off 8 1/3 shutout innings with nine punchouts and just one walk during that hot streak.

Long opened the season on a similarly impressive run of nine straight scoreless frames with a 12-to-3 K/BB ratio. Add in 8 2/3 innings of one-run ball with a 48.4% strikeout rate and 3.2% walk rate in spring training (15-to-1 K/BB), and it’s become increasingly difficult for the Royals to overlook his contributions to date.

This article first appeared on MLB Trade Rumors and was syndicated with permission.

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• The '2023 MLB Opening Day starters' quiz

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Office of the Revisor of Statutes

• 93rd Legislature
• 2024, Regular Session

Chapter 110

Minnesota session laws - 2024, regular session.

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Key: (1) language to be deleted (2) new language

CHAPTER 110--S.F.No. 3852

relating to labor; making policy and technical changes to programs and provisions relating to labor; modifying construction codes and licensing, labor standards, occupational safety and health regulations, apprenticeship regulations, minimum wage rates, and miscellaneous labor policy; modifying provisions related to the Bureau of Mediation Services;

amending Minnesota Statutes 2022, sections 13.79, subdivision 1; 13.7905, by adding a subdivision; 177.23, by adding subdivisions; 177.24, subdivision 1, by adding a subdivision; 177.30; 178.011, subdivision 9; 178.012, subdivision 1; 178.035, subdivisions 2, 4, 6, 7; 178.036, subdivisions 3, 4, 5, 6, 7; 178.044, subdivision 3; 178.07, subdivisions 1, 3; 178.09, subdivision 2; 178.091, subdivisions 2, 4, by adding subdivisions; 178.10; 179.01, subdivisions 1, 9, 16; 179.06; 179.08; 179.11; 179.12; 179.254, subdivision 1; 179.256; 179.26; 179.27; 179.35, subdivision 1; 179.40; 179.43; 179A.02; 179A.03, subdivision 17; 179A.06, subdivisions 1, 2, 3; 179A.08, subdivision 2; 179A.10, subdivision 1; 179A.104, subdivision 1; 179A.12, subdivision 1; 179A.15; 179A.16, subdivisions 1, 7; 179A.18, subdivisions 2, 3; 179A.19, subdivision 6; 179A.20, subdivision 4; 179A.23; 181.941, subdivision 4; 181.943; 181.950, by adding a subdivision; 181.951, subdivision 1; 181A.08; 181A.12, subdivision 1, by adding subdivisions; 182.664, subdivisions 3, 5; 182.665; 182.666, subdivision 6; 182.667, by adding a subdivision; 326.02, subdivision 5; 326B.0981, subdivisions 3, 4, 8; 326B.33, subdivisions 7, 21; 326B.36, subdivision 2; 326B.46, subdivision 6; 626.892, subdivision 12; Minnesota Statutes 2023 Supplement, sections 177.27, subdivisions 2, 4, 7; 177.42, subdivision 2; 178.01; 181.212, subdivision 7; 181.213, subdivision 1; 181.531, subdivision 3; 181.939, subdivision 2; 181.953, subdivisions 1, 3, by adding a subdivision; 182.6526, subdivision 1; 182.677, subdivisions 1, 2; 204B.19, subdivision 6; 326B.36, subdivision 7; proposing coding for new law in Minnesota Statutes, chapters 178; 181; 182; repealing Minnesota Statutes 2022, section 178.036, subdivision 10; Minnesota Rules, parts 5200.0080, subpart 7; 5200.0400; 5510.0310, subpart 13.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

CONSTRUCTION CODES AND LICENSING

Minnesota statutes 2022, section 326.02, subdivision 5, is amended to read:, limitation..

The provisions of sections 326.02 to 326.15 shall not apply to the preparation of plans and specifications for the erection, enlargement, or alteration of any building or other structure by any person, for that person's exclusive occupancy or use, unless such occupancy or use involves the public health or safety or the health or safety of the employees of said person, or of the buildings listed in section 326.03, subdivision 2 , nor to any detailed or shop plans required to be furnished by a contractor to a registered engineer, landscape architect, architect, or certified interior designer, nor to any standardized manufactured product, nor to any construction superintendent supervising the execution of work designed by an architect, landscape architect, engineer, or certified interior designer licensed or certified in accordance with section 326.03 , nor to the planning for and supervision of the construction and installation of work by an electrical or elevator contractor or master plumber as defined in and licensed pursuant to chapter 326B, new text begin nor to the planning for and supervision of the construction and installation of work by a licensed well contractor as defined and licensed pursuant to chapter 103I, new text end where such work is within the scope of such licensed activity and not within the practice of professional engineering, or architecture, or where the person does not claim to be a certified interior designer as defined in subdivision 2, 3, or 4b.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Minnesota Statutes 2022, section 326B.0981, subdivision 3, is amended to read:

(a) Continuing education consists of approved courses that impart appropriate and related knowledge in the regulated industries pursuant to this chapter and other applicable federal and state laws, rules, and regulations. Courses may include relevant materials that are included in licensing exams subject to the limitations imposed in subdivision 11. The burden of demonstrating that courses impart appropriate and related knowledge is upon the person seeking approval or credit.

(b) Except as required for Internet continuing education, course examinations will not be required for continuing education courses.

(c) If textbooks are not used as part of the course, the sponsor must provide students with a syllabus containing the course title; the times and dates of the course offering; the name, address, and telephone number of the course sponsor; the name and affiliation of the instructor; and a detailed outline of the subject materials to be covered. Any written or printed material given to students must be of readable quality and contain accurate and current information.

(d) Upon completion of an approved course, licensees shall earn one hour of continuing education credit for each classroom hour approved by the commissioner. Each continuing education course must be attended in its entirety in order to receive credit for the number of approved hours. Courses may be approved for full or partial credit, and for more than one regulated industry.

(e) Continuing education credit in an approved course shall be awarded to presenting instructors on the basis of one credit for each hour of the initial presentation. Continuing education credits for completion of an approved course may only be used once for renewal of a specific license.

(f) Courses will be approved using the following guidelines:

(1) course content must demonstrate significant intellectual or practical content and deal with matters directly related to the practice in the regulated industry, workforce safety, or the business of running a company in the regulated industry. Courses may also address the professional responsibility or ethical obligations of a licensee related to work in the regulated industry;

(2) the following courses may be approved if they are specifically designed for the regulated industry and are in compliance with paragraph (g):

(i) courses approved by the Minnesota Board of Continuing Legal Education; or

(ii) courses approved by the International Code Council, National Association of Home Building, or other nationally recognized professional organization of the regulated industry; and

(3) courses must be presented and attended in a suitable classroom or construction setting, except for Internet education courses which must meet the requirements of subdivision deleted text begin 5a deleted text end new text begin 4 new text end . Courses presented via video recording, simultaneous broadcast, or teleconference may be approved provided the sponsor is available at all times during the presentation, except for Internet education courses which must meet the requirements of subdivision deleted text begin 5a deleted text end new text begin 4 new text end .

(g) The following courses will not be approved for credit:

(1) courses designed solely to prepare students for a license examination;

(2) courses in mechanical office skills, including typing, speed reading, or other machines or equipment. Computer courses are allowed, if appropriate and related to the regulated industry;

(3) courses in sales promotion, including meetings held in conjunction with the general business of the licensee;

(4) courses in motivation, salesmanship, psychology, or personal time management;

(5) courses that are primarily intended to impart knowledge of specific products of specific companies, if the use of the product or products relates to the sales promotion or marketing of one or more of the products discussed; or

(6) courses where any of the educational content of the course is the State Building Code that include code provisions that have not been adopted into the State Building Code unless the course materials clarify that the code provisions have been officially adopted into a future version of the State Building Code and the effective date of enforcement.

(h) Nothing in this subdivision shall limit an authority expressly granted to the Board of Electricity, Board of High Pressure Piping Systems, or Plumbing Board.

Minnesota Statutes 2022, section 326B.0981, subdivision 4, is amended to read:

Internet continuing education..

(a) The design and delivery of an Internet continuing education course must be approved by the International Distance Education Certification Center (IDECC) or the International Association for Continuing Education and Training (IACET) before the course is submitted for the commissioner's approval. The approval must accompany the course submitted.

(b) Paragraphs (a) and deleted text begin (c) deleted text end new text begin (d) new text end do not apply to approval of an Internet continuing education course for manufactured home installers. An Internet continuing education course for manufactured home installers must be approved by the United States Department of Housing and Urban Development or by the commissioner of labor and industry. The approval must accompany the course completion certificate issued to each student by the course sponsor.

new text begin (c) Paragraph (a) does not apply to approval of an Internet continuing education course for elevator constructors. An Internet continuing education course for elevator constructors must be approved by the commissioner of labor and industry. The approval must accompany the course completion certificate issued to each student by the course sponsor. new text end

deleted text begin (c) deleted text end new text begin (d) new text end An Internet continuing education course must:

(1) specify the minimum computer system requirements;

(2) provide encryption that ensures that all personal information, including the student's name, address, and credit card number, cannot be read as it passes across the Internet;

(3) include technology to guarantee seat time;

(4) include a high level of interactivity;

(5) include graphics that reinforce the content;

(6) include the ability for the student to contact an instructor or course sponsor within a reasonable amount of time;

(7) include the ability for the student to get technical support within a reasonable amount of time;

(8) include a statement that the student's information will not be sold or distributed to any third party without prior written consent of the student. Taking the course does not constitute consent;

(9) be available 24 hours a day, seven days a week, excluding minimal downtime for updating and administration, except that this provision does not apply to live courses taught by an actual instructor and delivered over the Internet;

(10) provide viewing access to the online course at all times to the commissioner, excluding minimal downtime for updating and administration;

(11) include a process to authenticate the student's identity;

(12) inform the student and the commissioner how long after its purchase a course will be accessible;

(13) inform the student that license education credit will not be awarded for taking the course after it loses its status as an approved course;

(14) provide clear instructions on how to navigate through the course;

(15) provide automatic bookmarking at any point in the course;

(16) provide questions after each unit or chapter that must be answered before the student can proceed to the next unit or chapter;

(17) include a reinforcement response when a quiz question is answered correctly;

(18) include a response when a quiz question is answered incorrectly;

(19) include a final examination in which the student must correctly answer 70 percent of the questions;

(20) allow the student to go back and review any unit at any time, except during the final examination;

(21) provide a course evaluation at the end of the course. At a minimum, the evaluation must ask the student to report any difficulties caused by the online education delivery method;

(22) provide a completion certificate when the course and exam have been completed and the provider has verified the completion. Electronic certificates are sufficient and shall include the name of the provider, date and location of the course, educational program identification that was provided by the department, hours of instruction or continuing education hours, and licensee's or attendee's name and license, certification, or registration number or the last four digits of the licensee's or attendee's Social Security number; and

(23) allow the commissioner the ability to electronically review the class to determine if credit can be approved.

deleted text begin (d) deleted text end new text begin (e) new text end The final examination must be either an encrypted online examination or a paper examination that is monitored by a proctor who certifies that the student took the examination.

Minnesota Statutes 2022, section 326B.0981, subdivision 8, is amended to read:

Facilities..

Except for Internet education offered pursuant to subdivision deleted text begin 5a deleted text end new text begin 4 new text end , each course of study must be conducted in a classroom or other facility that is adequate to comfortably accommodate the instructors and the number of students enrolled. The sponsor may limit the number of students enrolled in a course.

Minnesota Statutes 2022, section 326B.33, subdivision 7, is amended to read:

Power limited technician..

(a) Except as otherwise provided by law, no individual shall install, alter, repair, plan, lay out, or supervise the installing, altering, repairing, planning, or laying out of electrical wiring, apparatus, or equipment for technology circuits or systems unless:

(1) the individual is licensed by the commissioner as a power limited technician; and

(2) the electrical work is:

(i) for a licensed contractor and the individual is an employee, partner, or officer of, or is the licensed contractor; or

(ii) performed under the direct supervision of a master electrician or power limited technician also employed by the individual's employer on technology circuits, systems, apparatus, equipment, or facilities that are owned or leased by the employer and that are located within the limits of property operated, maintained, and either owned or leased by the employer.

(b) An applicant for a power limited technician's license shall (1) be a graduate of a four-year electrical course offered by an accredited college or university; or (2) have had at least 36 months' experience, acceptable to the commissioner, in planning for, laying out, supervising, installing, altering, and repairing wiring, apparatus, or equipment for power limited systems, provided however, that up to 12 months (2,000 hours) of experience credit for successful completion of a two-year post high school electrical course or other technical training approved by the commissioner may be allowed.

(c) Licensees must attain 16 hours of continuing education acceptable to the board every renewal period.

deleted text begin (d) A company holding an alarm and communication license as of June 30, 2003, may designate one individual who may obtain a power limited technician license without passing an examination administered by the commissioner by submitting an application and license fee of $30. deleted text end

deleted text begin (e) A person who has submitted an application by December 30, 2007, to take the power limited technician examination administered by the department is not required to meet the qualifications set forth in paragraph (b). deleted text end

Minnesota Statutes 2022, section 326B.33, subdivision 21, is amended to read:

Exemptions from licensing..

(a) An individual who is a maintenance electrician is not required to hold or obtain a license under sections 326B.31 to 326B.399 if:

(1) the individual is engaged in the maintenance and repair of electrical equipment, apparatus, and facilities that are owned or leased by the individual's employer and that are located within the limits of property operated, maintained, and either owned or leased by the individual's employer;

(2) the individual is supervised by:

(i) the responsible master electrician for a contractor who has contracted with the individual's employer to provide services for which a contractor's license is required; or

(ii) a licensed master electrician, a licensed maintenance electrician, an electrical engineer, or, if the maintenance and repair work is limited to technology circuits or systems work, a licensed power limited technician; and

(3) the individual's employer has on file with the commissioner a current certificate of responsible person, signed by the responsible master electrician of the contractor, the licensed master electrician, the licensed maintenance electrician, the electrical engineer, or the licensed power limited technician, and stating that the person signing the certificate is responsible for ensuring that the maintenance and repair work performed by the employer's employees complies with the Minnesota Electrical Act and the rules adopted under that act. The employer must pay a filing fee to file a certificate of responsible person with the commissioner. The certificate shall expire two years from the date of filing. In order to maintain a current certificate of responsible person, the employer must resubmit a certificate of responsible person, with a filing fee, no later than two years from the date of the previous submittal.

(b) Employees of a licensed electrical or technology systems contractor or other employer where provided with supervision by a master electrician in accordance with subdivision 1, or power limited technician in accordance with subdivision 7, paragraph (a), clause (1), are not required to hold a license under sections 326B.31 to 326B.399 for the planning, laying out, installing, altering, and repairing of technology circuits or systems except planning, laying out, or installing:

(1) in other than residential dwellings, class 2 or class 3 remote control circuits that control circuits or systems other than class 2 or class 3, except circuits that interconnect these systems through communication, alarm, and security systems are exempted from this paragraph;

(2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing physically unprotected circuits other than class 2 or class 3; or

(3) technology circuits or systems in hazardous classified locations as covered by deleted text begin chapter 5 of deleted text end the National Electrical Code.

(c) Companies and their employees that plan, lay out, install, alter, or repair class 2 and class 3 remote control wiring associated with plug or cord and plug connected appliances other than security or fire alarm systems installed in a residential dwelling are not required to hold a license under sections 326B.31 to 326B.399 .

(d) Heating, ventilating, air conditioning, and refrigeration contractors and their employees are not required to hold or obtain a license under sections 326B.31 to 326B.399 when performing heating, ventilating, air conditioning, or refrigeration work as described in section 326B.38 .

(e) Employees of any electrical, communications, or railway utility, cable communications company as defined in section 238.02 , or a telephone company as defined under section 237.01 or its employees, or of any independent contractor performing work on behalf of any such utility, cable communications company, or telephone company, shall not be required to hold a license under sections 326B.31 to 326B.399 :

(1) while performing work on installations, materials, or equipment which are owned or leased, and operated and maintained by such utility, cable communications company, or telephone company in the exercise of its utility, antenna, or telephone function, and which:

(i) are used exclusively for the generation, transformation, distribution, transmission, or metering of electric current, or the operation of railway signals, or the transmission of intelligence and do not have as a principal function the consumption or use of electric current or provided service by or for the benefit of any person other than such utility, cable communications company, or telephone company; and

(ii) are generally accessible only to employees of such utility, cable communications company, or telephone company or persons acting under its control or direction; and

(iii) are not on the load side of the service point or point of entrance for communication systems;

(2) while performing work on installations, materials, or equipment which are a part of the street lighting operations of such utility; or

(3) while installing or performing work on outdoor area lights which are directly connected to a utility's distribution system and located upon the utility's distribution poles, and which are generally accessible only to employees of such utility or persons acting under its control or direction.

(f) An deleted text begin owner shall not be deleted text end new text begin individual who physically performs electrical work on a residential dwelling that is located on a property the individual owns and actually occupies as a residence or owns and will occupy as a residence upon completion of its construction is not new text end required to hold or obtain a license under sections 326B.31 to 326B.399 new text begin if the residential dwelling has a separate electrical utility service not shared with any other residential dwelling new text end .

(g) Companies and their employees licensed under section 326B.164 shall not be required to hold or obtain a license under sections 326B.31 to 326B.399 while performing elevator work.

Minnesota Statutes 2022, section 326B.36, subdivision 2, is amended to read:

Technology systems..

(a) The installation of the technology circuits or systems described in paragraph (b), except:

(1) minor work performed by a contractor;

(2) work performed by a heating, ventilating, or air conditioning contractor as described in section 326B.38 ; and

(3) work performed by cable company employees when installing cable communications systems or telephone company employees when installing telephone systems,

must be inspected as provided in this section for compliance with the applicable provisions of the National Electrical Code and the applicable provisions of the National Electrical Safety Code, as those codes were approved by the American National Standards Institute.

(b) The inspection requirements in paragraph (a) apply to:

(1) class 2 or class 3 remote control circuits that control circuits or systems other than class 2 or class 3, except circuits that interconnect these systems exempted by section 326B.33, subdivision 21 , paragraph (b), other than fire alarm; class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing physically unprotected circuits other than class 2 or class 3; or technology circuits and systems in hazardous classified locations as covered by deleted text begin chapter 5 of deleted text end the National Electrical Code;

(2) fire alarm systems, other than in one- or two-family dwellings, as defined in deleted text begin articles 100 and 760 of deleted text end the National Electrical Code;

(3) technology circuits and systems contained within critical care areas of health care facilities as defined by the safety standards identified in section 326B.35 , including, but not limited to, anesthesia and resuscitative alarm and alerting systems, medical monitoring, and nurse call systems; new text begin and new text end

(4) physical security systems within detention facilities deleted text begin ; and deleted text end new text begin . new text end

deleted text begin (5) circuitry and equipment for indoor lighting systems as defined in article 411 of the National Electrical Code. deleted text end

(c) For the purposes of this subdivision "minor work" means the adjustment or repair and replacement of worn or defective parts of a technology circuit or system. Minor work may be inspected under this section at the request of the owner of the property or the person doing the work.

(d) Notwithstanding this subdivision, if an electrical inspector observes that a contractor, employer, or owner has not complied with accepted standards when the work was performed, as provided in the most recent editions of the National Electrical Code and the National Electrical Safety Code as approved by the American National Standards Institute, the inspector may order the contractor, employer, or owner who has performed the work to file deleted text begin a request for electrical inspection deleted text end new text begin an electrical permit new text end , pay an inspection fee, and make any necessary repairs to comply with applicable standards and require that the work be inspected.

Minnesota Statutes 2023 Supplement, section 326B.36, subdivision 7, is amended to read:

Exemptions from inspections..

Installations, materials, or equipment shall not be subject to inspection under sections 326B.31 to 326B.399 :

(1) when owned or leased, operated and maintained by any employer whose maintenance electricians are exempt from licensing under sections 326B.31 to 326B.399 , while performing electrical maintenance work only as defined by rule;

(2) when owned or leased, and operated and maintained by any electrical, communications, or railway utility, cable communications company as defined in section 238.02 , or telephone company as defined under section 237.01 , in the exercise of its utility, antenna, or telephone function; and

(i) are used exclusively for the generations, transformation, distribution, transmission, load control, or metering of electric current, or the operation of railway signals, or the transmission of intelligence, and do not have as a principal function the consumption or use of electric current by or for the benefit of any person other than such utility, cable communications company, or telephone company; and

(3) when used in the street lighting operations of an electrical utility;

(4) when used as outdoor area lights which are owned and operated by an electrical utility and which are connected directly to its distribution system and located upon the utility's distribution poles, and which are generally accessible only to employees of such utility or persons acting under its control or direction;

(5) when the installation, material, and equipment are in facilities subject to the jurisdiction of the federal Mine Safety and Health Act; or

(6) when the installation, material, and equipment is part of an elevator installation for which the elevator contractor, licensed under section 326B.164 , is required to obtain a permit from the authority having jurisdiction as provided by section 326B.184 , and the inspection has been or will be performed by an elevator inspector certified and licensed by the department. This exemption shall apply only to installations, material, and equipment permitted or required to be connected on the load side of the disconnecting means required for elevator equipment under new text begin the new text end National Electrical Code deleted text begin Article 620 deleted text end , and elevator communications and alarm systems within the machine room, car, hoistway, or elevator lobby.

Minnesota Statutes 2022, section 326B.46, subdivision 6, is amended to read:

Well contractor exempt from licensing and bond; conditions..

No license, registration, or bond under sections 326B.42 to 326B.49 is required of a well contractor or a limited well/boring contractor who is licensed and bonded under section 103I.525 or 103I.531 and is engaged in the work or business of new text begin designing and new text end installing:

(1) water service pipe from a well to a pressure tank;

(2) a frost-free water hydrant with an antisiphon device on a well water service pipe located entirely outside of a building requiring potable water;

(3) a control valve, located outside the building, on a well water service pipe; or

(4) a main control valve located within two feet of the pressure tank on the distribution supply line.

LABOR STANDARDS

Minnesota statutes 2022, section 13.79, subdivision 1, is amended to read:, subdivision 1., identity of deleted text begin employees making complaints deleted text end new text begin complainants new text end ..

Data that identify deleted text begin complaining employees and that appear on complaint forms received by deleted text end new text begin individuals who have complained to new text end the Department of Labor and Industry concerning alleged violations of deleted text begin the Fair Labor Standards Act, section 181.75 or 181.9641 , deleted text end new text begin chapter 177; chapter 181; sections 179.86 to 179.877; chapter 181A; or rules adopted pursuant to these statutes, new text end are classified as private data. new text begin The commissioner may disclose this data to other government entities with written consent from the complainant if the commissioner determines that the disclosure furthers an enforcement action of the Department of Labor and Industry or another government entity. new text end

Minnesota Statutes 2023 Supplement, section 177.27, subdivision 2, is amended to read:

Submission of records; penalty..

new text begin (a) new text end The commissioner may require the employer of employees working in the state to submit to the commissioner photocopies, certified copies, or, if necessary, the originals of employment records which the commissioner deems necessary or appropriate. The records which may be required include full and correct statements in writing, including sworn statements by the employer, containing information relating to wages, hours, names, addresses, and any other information pertaining to the employer's employees and the conditions of their employment as the commissioner deems necessary or appropriate.

new text begin (b) Employers and persons requested by the commissioner to produce records shall respond within the time and in the manner specified by the commissioner. new text end

new text begin (c) new text end The commissioner may require the records to be submitted by certified mail delivery or, if necessary, by personal delivery by the employer or a representative of the employer, as authorized by the employer in writing.

new text begin (d) new text end The commissioner may fine the employer up to $10,000 for each failure to submit or deliver records as required by this section. This penalty is in addition to any penalties provided under section 177.32, subdivision 1 . In determining the amount of a civil penalty under this subdivision, the appropriateness of such penalty to the size of the employer's business and the gravity of the violation shall be considered.

Minnesota Statutes 2023 Supplement, section 177.27, subdivision 4, is amended to read:

Compliance orders..

The commissioner may issue an order requiring an employer to comply with sections 177.21 to 177.435 , 179.86 , 181.02 , 181.03 , 181.031 , 181.032 , new text begin 181.10, new text end 181.101 , 181.11 , 181.13 , 181.14 , 181.145 , 181.15, 181.165, 181.172, paragraph (a) or (d), 181.214 to 181.217, 181.275, subdivision 2a , 181.635 , new text begin 181.64, new text end 181.722 , 181.79, 181.85 to 181.89 , 181.939 to 181.943, 181.9445 to 181.9448, 181.987 , 181.991, 268B.09, subdivisions 1 to 6, and 268B.14, subdivision 3, with any rule promulgated under section 177.28 , 181.213 , or 181.215 . The commissioner shall issue an order requiring an employer to comply with sections 177.41 to 177.435 , 181.165, or 181.987 if the violation is repeated. For purposes of this subdivision only, a violation is repeated if at any time during the two years that preceded the date of violation, the commissioner issued an order to the employer for violation of sections 177.41 to 177.435 , 181.165, or 181.987 and the order is final or the commissioner and the employer have entered into a settlement agreement that required the employer to pay back wages that were required by sections 177.41 to 177.435 . The department shall serve the order upon the employer or the employer's authorized representative in person or by certified mail at the employer's place of business. An employer who wishes to contest the order must file written notice of objection to the order with the commissioner within 15 calendar days after being served with the order. A contested case proceeding must then be held in accordance with sections 14.57 to 14.69 or 181.165. If, within 15 calendar days after being served with the order, the employer fails to file a written notice of objection with the commissioner, the order becomes a final order of the commissioner. For the purposes of this subdivision, an employer includes a contractor that has assumed a subcontractor's liability within the meaning of section 181.165.

Minnesota Statutes 2023 Supplement, section 177.27, subdivision 7, is amended to read:

Employer liability..

If an employer is found by the commissioner to have violated a section identified in subdivision 4, or any rule adopted under section 177.28 , 181.213 , or 181.215 , and the commissioner issues an order to comply, the commissioner shall order the employer to cease and desist from engaging in the violative practice and to take such affirmative steps that in the judgment of the commissioner will effectuate the purposes of the section or rule violated. The commissioner shall order the employer to pay to the aggrieved parties back pay, gratuities, and compensatory damages, less any amount actually paid to the employee by the employer, and for an additional equal amount as liquidated damages. new text begin The commissioner may also order reinstatement and any other appropriate relief to the aggrieved parties. new text end Any employer who is found by the commissioner to have repeatedly or willfully violated a section or sections identified in subdivision 4 shall be subject to a civil penalty of up to $10,000 for each violation for each employee. In determining the amount of a civil penalty under this subdivision, the appropriateness of such penalty to the size of the employer's business and the gravity of the violation shall be considered. 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, unless payment of costs would impose extreme financial hardship on the employer. If the employer is able to establish extreme financial hardship, then the commissioner may order the employer to pay a percentage of the total costs that will not cause extreme financial hardship. Costs include but are not limited to the costs of services rendered by the attorney general, private attorneys if engaged by the department, administrative law judges, court reporters, and expert witnesses as well as the cost of transcripts. Interest shall accrue on, and be added to, the unpaid balance of a commissioner's order from the date the order is signed by the commissioner until it is paid, at an annual rate provided in section 549.09, subdivision 1 , paragraph (c). The commissioner may establish escrow accounts for purposes of distributing damages.

Minnesota Statutes 2022, section 177.30, is amended to read:

177.30 keeping records; penalty..

(a) Every employer subject to sections 177.21 to 177.44 must make and keep a record of:

(1) the name, address, and occupation of each employee;

(2) the rate of pay, and the amount paid each pay period to each employee;

(3) the hours worked each day and each workweek by the employee, including for all employees paid at piece rate, the number of pieces completed at each piece rate;

(4) a list of the personnel policies provided to the employee, including the date the policies were given to the employee and a brief description of the policies;

(5) a copy of the notice provided to each employee as required by section 181.032 , paragraph (d), including any written changes to the notice under section 181.032 , paragraph (f);

(6) for each employer subject to sections 177.41 to 177.44 , and while performing work on public works projects funded in whole or in part with state funds, the employer shall furnish under oath signed by an owner or officer of an employer to the contracting authority and the project owner every two weeks, a certified payroll report with respect to the wages and benefits paid each employee during the preceding weeks specifying for each employee: name; identifying number; prevailing wage master job classification; hours worked each day; total hours; rate of pay; gross amount earned; each deduction for taxes; total deductions; net pay for week; dollars contributed per hour for each benefit, including name and address of administrator; benefit account number; and telephone number for health and welfare, vacation or holiday, apprenticeship training, pension, and other benefit programs; deleted text begin and deleted text end

(7) new text begin earnings statements for each employee for each pay period as required by section 181.032, paragraphs (a) and (b); and new text end

new text begin (8) new text end other information the commissioner finds necessary and appropriate to enforce sections 177.21 to 177.435 . The records must be kept for three years in the premises where an employee works except each employer subject to sections 177.41 to 177.44 , and while performing work on public works projects funded in whole or in part with state funds, the records must be kept for three years after the contracting authority has made final payment on the public works project.

(b) All records required to be kept under paragraph (a) must be readily available for inspection by the commissioner upon demand. The records must be either kept at the place where employees are working or kept in a manner that allows the employer to comply with this paragraph within 72 hours.

(c) The commissioner may fine an employer up to $1,000 for each failure to maintain records as required by this section, and up to $5,000 for each repeated failure. This penalty is in addition to any penalties provided under section 177.32, subdivision 1 . In determining the amount of a civil penalty under this subdivision, the appropriateness of such penalty to the size of the employer's business and the gravity of the violation shall be considered.

(d) If the records maintained by the employer do not provide sufficient information to determine the exact amount of back wages due an employee, the commissioner may make a determination of wages due based on available evidence.

Minnesota Statutes 2023 Supplement, section 177.42, subdivision 2, is amended to read:

"Project" means demolition, erection, construction, new text begin alteration, improvement, restoration, new text end remodeling, or repairing of a public building, new text begin structure, new text end facility, new text begin land, new text end or other public work new text begin , which includes any work suitable for and intended for use by the public, or for the public benefit, new text end financed in whole or part by state funds. Project also includes demolition, erection, construction, new text begin alteration, improvement, restoration, new text end remodeling, or repairing of a building, new text begin structure, new text end facility, new text begin land, new text end or public work when the acquisition of property, predesign, design, or demolition is financed in whole or part by state funds.

Minnesota Statutes 2023 Supplement, section 181.212, subdivision 7, is amended to read:

The affirmative vote of five board members is required for the board to take any action, including actions necessary to establish minimum nursing home employment standards under section 181.213 . new text begin At least two of the five affirmative votes must be cast by the commissioner members or the commissioner's appointees. new text end

Minnesota Statutes 2023 Supplement, section 181.213, subdivision 1, is amended to read:

Authority to establish minimum nursing home employment standards..

(a) The board must adopt rules establishing minimum nursing home employment standards that are reasonably necessary and appropriate to protect the health and welfare of nursing home workers, to ensure that nursing home workers are properly trained about and fully informed of their rights under sections 181.211 to 181.217 , and to otherwise satisfy the purposes of sections 181.211 to 181.217 . Standards established by the board must include standards on compensation for nursing home workers, and may include recommendations under paragraph (c). The board may not adopt standards that are less protective of or beneficial to nursing home workers as any other applicable statute or rule or any standard previously established by the board unless there is a determination by the board under subdivision 2 that existing standards exceed the operating payment rate and external fixed costs payment rates included in the most recent budget and economic forecast completed under section 16A.103 . In establishing standards under this section, the board must establish statewide standards, and may adopt standards that apply to specific nursing home occupations.

(b) The board must adopt rules establishing initial standards for wages for nursing home workers no later than deleted text begin August deleted text end new text begin November new text end 1, 2024. The board may use the authority in section 14.389 to adopt rules under this paragraph. The board shall consult with the department in the development of these standards prior to beginning the rule adoption process.

(c) To the extent that any minimum standards that the board finds are reasonably necessary and appropriate to protect the health and welfare of nursing home workers fall within the jurisdiction of chapter 182, the board shall not adopt rules establishing the standards but shall instead recommend the occupational health and safety standards to the commissioner. The commissioner shall adopt nursing home health and safety standards under section 182.655 as recommended by the board, unless the commissioner determines that the recommended standard is outside the statutory authority of the commissioner, presents enforceability challenges, is infeasible to implement, or is otherwise unlawful and issues a written explanation of this determination.

Minnesota Statutes 2023 Supplement, section 181.939, subdivision 2, is amended to read:

Pregnancy accommodations..

(a) An employer must provide reasonable accommodations to an employee for health conditions related to pregnancy or childbirth upon request, with the advice of a licensed health care provider or certified doula, unless the employer demonstrates that the accommodation would impose an undue hardship on the operation of the employer's business. A pregnant employee shall not be required to obtain the advice of a licensed health care provider or certified doula, nor may an employer claim undue hardship for the following accommodations: (1) more frequent or longer restroom, food, and water breaks; (2) seating; and (3) limits on lifting over 20 pounds. The employee and employer shall engage in an interactive process with respect to an employee's request for a reasonable accommodation. Reasonable accommodation may include but is not limited to temporary transfer to a less strenuous or hazardous position, temporary leave of absence, modification in work schedule or job assignments, seating, more frequent or longer break periods, and limits to heavy lifting. Notwithstanding any other provision of this subdivision, an employer shall not be required to create a new or additional position in order to accommodate an employee pursuant to this subdivision and shall not be required to discharge an employee, transfer another employee with greater seniority, or promote an employee.

(b) Nothing in this subdivision shall be construed to affect any other provision of law relating to sex discrimination or pregnancy or in any way diminish the coverage of pregnancy, childbirth, or health conditions related to pregnancy or childbirth under any other provisions of any other law.

(c) An employer shall not require an employee to take a leave or accept an accommodation.

(d) An employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for asserting rights or remedies under this subdivision.

(e) For the purposes of this subdivision, "employer" means a person or entity that employs one or more employees and includes the state and its political subdivisions.

new text begin (f) During any leave for which an employee is entitled to benefits or leave under this subdivision, the employer must maintain coverage under any group insurance policy, group subscriber contract, or health care plan for the employee and any dependents as if the employee was not on leave, provided, however, that the employee must continue to pay any employee share of the cost of the benefits. new text end

Minnesota Statutes 2022, section 181.941, subdivision 4, is amended to read:

Continued insurance..

deleted text begin The employer must continue to make coverage available to the employee while on leave of absence under any group insurance policy, group subscriber contract, or health care plan for the employee and any dependents. Nothing in this section requires the employer to pay the costs of the insurance or health care while the employee is on leave of absence. deleted text end new text begin During any leave for which an employee is entitled to benefits or leave under this section, the employer must maintain coverage under any group insurance policy, group subscriber contract, or health care plan for the employee and any dependents as if the employee was not on leave, provided, however, that the employee must continue to pay any employee share of the cost of the benefits. new text end

Minnesota Statutes 2022, section 181.943, is amended to read:

181.943 relationship to other leave..

(a) The length of leave provided under section 181.941 may be reduced by any period of:

(1) paid parental, disability, personal, medical, or sick leave, or accrued vacation provided by the employer so that the total leave does not exceed 12 weeks, unless agreed to by the employer; or

(2) leave taken for the same purpose by the employee under United States Code, title 29, chapter 28.

(b) Nothing in sections 181.940 to 181.943 prevents any employer from providing leave benefits in addition to those provided in sections 181.940 to 181.944 or otherwise affects an employee's rights with respect to any other employment benefit.

new text begin (c) Notwithstanding paragraphs (a) and (b), the length of leave provided under section 181.941 must not be reduced by any period of paid or unpaid leave taken for prenatal care medical appointments. new text end

new text begin [181.9881] RESTRICTIVE EMPLOYMENT COVENANTS; VOID IN SERVICE CONTRACTS. new text end

New text begin subdivision 1. new text end, new text begin definitions. new text end.

new text begin (a) "Customer" means an individual, partnership, association, corporation, business, trust, or group of persons hiring a service provider for services. new text end

new text begin (b) "Employee," as used in this section, means any individual who performs services for a service provider, including independent contractors. "Independent contractor" has the meaning given in section 181.988, subdivision 1, paragraph (d). new text end

new text begin (c) "Service provider" means any partnership, association, corporation, business, trust, or group of persons acting directly or indirectly as an employer or manager for work contracted or requested by a customer. new text end

new text begin Subd. 2. new text end

New text begin restrictive employment covenants; void and unenforceable. new text end.

new text begin (a) No service provider may restrict, restrain, or prohibit in any way a customer from directly or indirectly soliciting or hiring an employee of a service provider. new text end

new text begin (b) Any provision of an existing contract that violates paragraph (a) is void and unenforceable. new text end

new text begin (c) When a provision in an existing contract violates this section, the service provider must provide notice to their employees of this section and the restrictive covenant in the existing contract that violates this section. new text end

new text begin Subd. 3. new text end

New text begin exemptions. new text end.

new text begin This section does not apply to workers providing professional business consulting for computer software development and related services who are seeking employment through a service provider with the knowledge and intention of being considered for a permanent position of employment with the customer as their employer at a later date. new text end

new text begin This section is effective July 1, 2024, and applies to contracts and agreements entered into on or after that date. new text end

Minnesota Statutes 2022, section 181A.08, is amended to read:

181a.08 powers and duties of the department., inspections..

The commissioner, an authorized representative, or any truant officer may enter and inspect the place of business or employment and may interview any employees, of any employer of employees in any occupation in the state, all for the purpose of ascertaining whether any minors are employed contrary to the provisions of sections 181A.01 to 181A.12 . Such authorized persons may require that employment certificates, age certificates, and lists of minors employed shall be produced for their inspection.

The commissioner or an authorized representative may issue an order requiring an employer to comply with the provisions of sections 181A.01 to 181A.12 or with any rules promulgated under the provisions of section 181A.09 . Any such order shall be served by the department upon the employer or an authorized representative in person or by certified mail at the employers place of business. If an employer wishes to contest the order for any reason, the employer shall file written notice of objection with the commissioner within deleted text begin ten deleted text end new text begin 15 calendar new text end days after service of said order upon said employer. Thereafter, a public hearing shall be held in accordance with the provisions of sections 14.57 to 14.69 , and such rules consistent therewith as the commissioner shall make. new text begin If, within 15 calendar days after being served with the order, the employer fails to file a written notice of objection with the commissioner, the order becomes a final order of the commissioner. new text end

new text begin Subd. 2a. new text end

New text begin employer liability. new text end.

new text begin If an employer is found by the commissioner to have violated any provision of sections 181A.01 to 181A.12, or any rules promulgated under section 181A.09, and the commissioner issues an order to comply under subdivision 2, the commissioner shall order the employer to cease and desist from engaging in the violative practice and to take affirmative steps that in the judgment of the commissioner will effectuate the purposes of the section or rule violated. The commissioner may order the employer to reimburse the department and the attorney general for appropriate litigation and hearing costs expended in preparation for and in conducting the contested case proceeding, unless payment of costs would impose extreme financial hardship on the employer. If the employer is able to establish extreme financial hardship, then the commissioner may order the employer to pay a percentage of the total costs that will not cause extreme financial hardship. Costs include but are not limited to the costs of services rendered by the attorney general, private attorneys if engaged by the department, administrative law judges, court reporters, and expert witnesses as well as the cost of transcripts. Interest shall accrue on, and be added to, the unpaid balance of a commissioner's order from the date the order is signed by the commissioner until it is paid, at an annual rate provided in section 549.09, subdivision 1, paragraph (c). new text end

Restraining orders.

The commissioner or an authorized representative may apply to any court of competent jurisdiction for an order restraining the violation of an order issued by the commissioner pursuant to subdivision 2, or for an order enjoining and restraining violations of this chapter or rules adopted pursuant to section 181A.09 .

Minnesota Statutes 2022, section 181A.12, subdivision 1, is amended to read:

Fines; penalty..

(a) Any employer who hinders or delays the department or its authorized representative in the performance of its duties under sections 181A.01 to 181A.12 or refuses to admit the commissioner or an authorized representative to any place of employment or refuses to make certificates or lists available as required by sections 181A.01 to 181A.12 , or otherwise violates any provisions of sections 181A.01 to 181A.12 or any rules issued pursuant thereto shall be assessed a fine to be paid to the commissioner for deposit in the general fund. The fine may be recovered in a civil action in the name of the department brought in the district court of the county where the violation is alleged to have occurred or the district court where the commissioner has an office. Fines are deleted text begin in deleted text end new text begin up to new text end the amounts as follows new text begin for each violation new text end :

(b) An employer who refuses to make certificates or lists available as required by sections 181A.01 to 181A.12 shall be assessed a $500 fine.

new text begin (c) Notwithstanding the factors in section 14.045, subdivision 3, the commissioner need only consider the size of the business of the employer, the gravity of the violation, and the history of previous violations when determining the total amount of fines to issue under this subdivision. new text end

Minnesota Statutes 2022, section 181A.12, is amended by adding a subdivision to read:

New text begin subd. 4. new text end, new text begin liquidated damages. new text end.

new text begin An employer who employs a minor in violation of section 181A.04, subdivision 5, may be liable to the minor for an amount equal to the minor's regular rate of pay for all hours worked in violation of section 181A.04, subdivision 5, as liquidated damages, in addition to the wages earned by the minor. new text end

new text begin Subd. 5. new text end

New text begin retaliation. new text end.

new text begin An employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for asserting rights or remedies under sections 181A.01 to 181A.12 or any rules promulgated under section 181A.09, including but not limited to filing a complaint with the department, informing the employer of the employee's intention to file a complaint, or participating in an investigation by the department. In addition to any other remedies provided by law, the commissioner may order an employer in violation of this subdivision to provide back pay, compensatory damages, reinstatement, and any other appropriate relief to the aggrieved employee. new text end

OCCUPATIONAL SAFETY AND HEALTH

Minnesota statutes 2023 supplement, section 182.6526, subdivision 1, is amended to read:, definitions..

(a) The terms defined in this subdivision have the meanings given.

(b) "Aggregated employee work speed data" means a compilation of employee work speed data for multiple employees, in summary form, assembled in full or in another form such that the data cannot be identified with any individual.

(c) "Commissioner" means the commissioner of labor and industry.

(d)(1) Except as provided in clause (2), "employee" means deleted text begin an employee deleted text end new text begin a person who meets the definition in section 182.651, subdivision 9, and new text end who works at a warehouse distribution center.

(2) For the purposes of subdivisions 2, 3, and 4 only, "employee" means a deleted text begin nonexempt employee performing deleted text end new text begin person who: (i) meets the definition in section 182.651, subdivision 9; (ii) does not meet any of the exceptions under section 177.23, subdivision 7, clauses (1) to (19); and (iii) performs new text end warehouse work occurring on the property of a warehouse distribution center deleted text begin and deleted text end new text begin . Employee new text end does not include deleted text begin a nonexempt employee deleted text end new text begin any person new text end performing solely manufacturing, administrative, sales, accounting, human resources, or driving work at new text begin , new text end or to and from new text begin , new text end a warehouse distribution center.

(e) "Employee work speed data" means information an employer collects, stores, analyzes, or interprets relating to an individual employee's performance of a quota, including but not limited to quantities of tasks performed, quantities of items or materials handled or produced, rates or speeds of tasks performed, measurements or metrics of employee performance in relation to a quota, and time categorized as performing tasks or not performing tasks. Employee work speed data does not include itemized earnings statements pursuant to chapter 181, except for any content of those records that includes employee work speed data as defined in this paragraph.

(f) "Employer" means a person who new text begin meets the definition in section 182.651, subdivision 7, and who new text end directly or indirectly, or through an agent or any other person, including through the services of a third-party employer, temporary service, or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of 250 or more employees at a single warehouse distribution center or 1,000 or more employees at one or more warehouse distribution centers in the state. For purposes of this paragraph, all employees of an employer's unitary business, as defined in section 290.17, subdivision 4 , shall be counted in determining the number of employees employed at a single warehouse distribution center or at one or more warehouse distribution centers in the state.

(g) "Warehouse distribution center" means an establishment as defined by any of the following North American Industry Classification System (NAICS) codes:

(1) 493110 for General Warehousing and Storage;

(2) 423 for Merchant Wholesalers, Durable Goods;

(3) 424 for Merchant Wholesalers, Nondurable Goods;

(4) 454110 for Electronic Shopping and Mail-Order Houses; and

(5) 492110 for Couriers and Express Delivery Services.

(h) "Quota" means a work standard under which:

(1) an employee or group of employees is assigned or required to perform at a specified productivity speed, or perform a quantified number of tasks, or handle or produce a quantified amount of material, or perform without a certain number of errors or defects, as measured at the individual or group level within a defined time period; or

(2) an employee's actions are categorized and measured between time performing tasks and not performing tasks, and the employee's failure to complete a task performance standard may have an adverse impact on the employee's continued employment.

Minnesota Statutes 2022, section 182.664, subdivision 3, is amended to read:

Powers and duties of board..

The review board shall review and decide appeals from final decisions and orders of the commissioner, including decisions issued by administrative law judges, petitions to vacate final orders of the commissioner, and with the agreement of the parties, may review and decide petitions for decisions based on stipulated facts. The powers of the board in the conduct of hearings, including the power to sign decisions and orders, may be delegated to a member, members, or the board chair. The board may schedule a hearing for purposes of taking oral argument. A notice stating the time and place of the hearing must be given ten days in advance of such a hearing to the parties and copies of the notice of such hearing shall be served by the employer as rules of the board shall require. The hearings shall be open to the public and the board's decisions and orders shall be maintained and available for examination. new text begin Chapter 13D does not apply to meetings or hearings of the board when the board is deliberating to reach its decision on an appeal or petition under its jurisdiction. new text end

Minnesota Statutes 2022, section 182.664, subdivision 5, is amended to read:

Authority of board; deleted text begin standard deleted text end new text begin scope new text end of review..

new text begin (a) new text end For the purpose of carrying out its functions under this chapter, two members of the board shall constitute a quorum and official action can be taken only on the affirmative vote of at least two members. The decisions and orders of an administrative law judge, or final orders of the commissioner, may be appealed to the review board by the employer, employee, or their authorized representatives or any party, within 30 days following service by mail of the administrative law judge's decision and order, or final order of the commissioner.

new text begin (b) new text end The review board shall have authority to revise, deleted text begin confirm deleted text end new text begin affirm, remand new text end , or reverse the decision and order of administrative law judges deleted text begin , or deleted text end new text begin . new text end

new text begin (c) The review board shall also have authority new text end to new text begin affirm, or new text end vacate and remand new text begin , new text end final orders of the commissioner new text begin when a petition to vacate a final order is filed new text end . The board shall only vacate new text begin and remand new text end a final order of the commissioner new text begin relating to a petition to vacate new text end upon a showing of good cause. For purposes of this section, good cause is limited to fraud, mistake of fact deleted text begin or deleted text end new text begin by the commissioner, mistake of new text end law new text begin by the commissioner new text end , or newly discovered evidence.

Minnesota Statutes 2022, section 182.665, is amended to read:

182.665 judicial review..

Any person aggrieved by a final order of the board in a contested case, new text begin by a final order of the board on a petition to vacate a final order of the commissioner, new text end or by any standard, rule, or order promulgated by the commissioner, is entitled to judicial review thereof in accordance with the applicable provisions of chapter 14.

Minnesota Statutes 2022, section 182.666, subdivision 6, is amended to read:

Authority to assess fines; considerations..

Only the commissioner shall have authority to assess all proposed fines provided in this section deleted text begin , giving deleted text end new text begin . Notwithstanding the factors in section 14.045, subdivision 3, the commissioner must give new text end due consideration new text begin only new text end to the new text begin following factors: new text end

new text begin (1) new text end appropriateness of the fine with respect to the size of the business of the employer deleted text begin , deleted text end new text begin ; new text end

new text begin (2) new text end the gravity of the violation deleted text begin , deleted text end new text begin ; new text end

new text begin (3) new text end the good faith of the employer deleted text begin , deleted text end new text begin ; new text end and

new text begin (4) new text end the history of previous violations.

Minnesota Statutes 2022, section 182.667, is amended by adding a subdivision to read:

New text begin investigative data. new text end.

new text begin The commissioner may share active and inactive civil investigative data pursuant to section 13.39 with a city or county attorney for purposes of enforcing this section. The commissioner may share complete data and need not withhold any data under the requirements of chapter 13 or 182 or any other state privacy law. new text end

Minnesota Statutes 2023 Supplement, section 182.677, subdivision 1, is amended to read:

(a) For purposes of this section, the definitions in this subdivision apply unless otherwise specified.

(b) "Health care facility" means a hospital with a North American Industrial Classification system code of 622110, 622210, or 622310; an outpatient surgical center with a North American Industrial Classification system code of 621493; and a nursing home with a North American Industrial Classification system code of 623110.

(c) "Warehouse distribution center" means deleted text begin an employer deleted text end new text begin a site in Minnesota new text end with 100 or more employees deleted text begin in Minnesota deleted text end and a North American Industrial Classification system code of 493110, 423110 to 423990, 424110 to 424990, 454110, or 492110.

(d) "Meatpacking site" means a deleted text begin meatpacking or poultry processing deleted text end site new text begin in Minnesota new text end with 100 or more employees deleted text begin in Minnesota deleted text end and a North American Industrial Classification system code of 311611 to 311615, except 311613.

(e) "Musculoskeletal disorder" or "MSD" means a disorder of the muscles, nerves, tendons, ligaments, joints, cartilage, blood vessels, or spinal discs.

Minnesota Statutes 2023 Supplement, section 182.677, subdivision 2, is amended to read:

Ergonomics program required..

(a) Every new text begin employer with employees at a new text end licensed health care facility, warehouse distribution center, or meatpacking site in the state shall create and implement an effective written ergonomics program establishing the employer's plan to minimize the risk of its employees developing or aggravating musculoskeletal disorders. The ergonomics program shall focus on eliminating the risk. To the extent risk exists, the ergonomics program must include feasible administrative or engineering controls to reduce the risk.

(b) The program shall include:

(1) an assessment to identify and reduce musculoskeletal disorder risk factors in the facility;

(2) an initial and ongoing training of employees on ergonomics and its benefits, including the importance of reporting early symptoms of musculoskeletal disorders;

(3) a procedure to ensure early reporting of musculoskeletal disorders to prevent or reduce the progression of symptoms, the development of serious injuries, and lost-time claims;

(4) a process for employees to provide possible solutions that may be implemented to reduce, control, or eliminate workplace musculoskeletal disorders;

(5) procedures to ensure that physical plant modifications and major construction projects are consistent with program goals; and

(6) annual evaluations of the ergonomics program and whenever a change to the work process occurs.

APPRENTICESHIP POLICY

Minnesota statutes 2022, section 13.7905, is amended by adding a subdivision to read:, new text begin subd. 10. new text end, new text begin apprentice data. new text end.

new text begin Apprentice data reported to, maintained by, or collected by the department is governed by section 178.071. new text end

Minnesota Statutes 2023 Supplement, section 178.01, is amended to read:

178.01 purposes..

The purposes of this chapter are: to open to all people regardless of race, new text begin color, creed, religion, national origin, new text end sex, deleted text begin creed, color or national origin, deleted text end new text begin gender identity, sexual orientation, marital status, familial status, disability, status with regard to public assistance, or age new text end the opportunity to obtain training and on-the-job learning that will equip them for profitable employment and citizenship; to establish as a means to this end, a program of voluntary apprenticeship under approved apprenticeship agreements providing facilities for their training and guidance in the arts, skills, and crafts of industry and trade or occupation, with concurrent, supplementary instruction in related subjects; to promote apprenticeship opportunities under conditions providing adequate training and on-the-job learning and reasonable earnings; to relate the supply of skilled workers to employment demands; to establish standards for apprentice training; to establish an Apprenticeship new text begin Advisory new text end Board deleted text begin and apprenticeship committees deleted text end to assist in effectuating the purposes of this chapter; to provide for a Division of Apprenticeship within the Department of Labor and Industry; deleted text begin to provide for reports to the legislature regarding the status of apprentice training in the state; deleted text end to establish a procedure for the determination of apprenticeship agreement controversies; and to accomplish related ends.

Minnesota Statutes 2022, section 178.011, subdivision 9, is amended to read:

Journeyworker..

"Journeyworker" means a person who has attained a level of skill, abilities, and competencies recognized within an industry as having mastered the skills and competencies required for the trade or occupation. new text begin Use of the term may also refer to a mentor, technician, specialist, or other skilled worker who has documented sufficient skills and knowledge of an occupation, either through formal apprenticeship or through practical on-the-job experience and formal training. new text end

Minnesota Statutes 2022, section 178.012, subdivision 1, is amended to read:

Apprenticeship rules..

Federal regulations governing apprenticeship deleted text begin in effect on January 18, 2017 deleted text end , as provided by Code of Federal Regulations, title 29, parts 29, sections 29.1 to 29.6 and 29.11, and 30, are the apprenticeship rules in this state, subject to amendment by this chapter or by rule under section 178.041 .

Minnesota Statutes 2022, section 178.035, subdivision 2, is amended to read:

Provisional approval..

The division shall grant a provisional approval period of one year to an applicant demonstrating that the standards submitted meet the requirements of this chapter. The division may review each program granted provisional approval for quality and for conformity with the requirements of this section and section 178.036 at any time, but not less than biannually, during the provisional approval period. After review:

(1) a program that conforms with the requirements of this chapter:

(i) may be deleted text begin approved deleted text end new text begin made permanent new text end ; or

(ii) may continue to be provisionally approved through the first full training cycle; and

(2) a program not in operation or not conforming with the requirements of this chapter during the provisional approval period shall be deregistered.

The division shall inform the applicant of the results of its review in writing at least 30 days prior to the expiration of the provisional approval period.

Minnesota Statutes 2022, section 178.035, subdivision 4, is amended to read:

Program modification..

To apply for modification of or change to a registered program, a sponsor shall submit a written request for modification to the division. The division shall approve or disapprove a modification request within 90 days from the date of receipt. If approved, the modification or change must be recorded and acknowledged within 90 days of its approval as an amendment to the registered program. If not approved, the division shall notify the sponsor in writing of the disapproval and the reasons for the disapproval. The division may provide technical assistance to a sponsor seeking to modify or change a registered program. new text begin The division may require program modification to ensure standards of apprenticeship that comply with the requirements of Code of Federal Regulations, title 29, part 29, section 29.5, and this chapter. new text end

Minnesota Statutes 2022, section 178.035, subdivision 6, is amended to read:

Certificate..

Upon deleted text begin registration deleted text end new text begin provisional approval new text end of a program, the commissioner shall issue a certificate of registration to the sponsor. Within deleted text begin 30 deleted text end new text begin 45 new text end days after the certificate is mailed or otherwise delivered to the sponsor, the sponsor must submit to the commissioner a copy of at least one executed apprenticeship agreement.

Minnesota Statutes 2022, section 178.035, subdivision 7, is amended to read:

Policy requirement..

It must be the policy of the employer and sponsor that the recruitment, selection, employment, and training of apprentices during their apprenticeship must be without discrimination due to race, color, creed, religion, national origin, sex, new text begin gender identity, new text end sexual orientation, marital status, deleted text begin physical or mental deleted text end new text begin familial status, new text end disability, deleted text begin receipt of deleted text end new text begin status with regard to new text end public assistance, or age. The employer and sponsor must take affirmative action to provide equal opportunity in apprenticeship and must operate the apprenticeship program as required under Code of Federal Regulations, title 29, part 30, and under the Minnesota plan for equal opportunity in apprenticeship.

Minnesota Statutes 2022, section 178.036, subdivision 3, is amended to read:

Related instruction..

A minimum of 144 hours of related instruction is required deleted text begin in deleted text end each training cycle. At least 50 hours of related safety instruction is required during the term of apprenticeship. Time spent in related instruction cannot be considered as hours of work as required by the deleted text begin job deleted text end new text begin work new text end process schedule. new text begin Related instruction must be designated in hours for each individual trade or occupation included in the standards. new text end Every apprenticeship instructor must meet the Department of Education's requirements for a deleted text begin vocational-technical deleted text end new text begin career and technical education new text end instructor or be a subject matter expert, which is an individual such as a journeyworker who is recognized within an industry as having expertise in a specific trade or occupation.

Minnesota Statutes 2022, section 178.036, subdivision 4, is amended to read:

Deleted text begin job deleted text end new text begin work new text end process schedule..

Each deleted text begin time-based deleted text end apprenticeship program must include not less than 2,000 hours of reasonably continuous employment.

Minnesota Statutes 2022, section 178.036, subdivision 5, is amended to read:

If the apprentice is covered by a collective bargaining agreement, the employer must follow the provisions of the collective bargaining agreement regarding the maximum number of apprentices to be employed at the work site for each journeyworker employed at the same work site. In the absence of a collective bargaining agreement, for the purposes of direct supervision and the safety and instruction of the apprentice, the ratio shall be:

(1) one apprentice for deleted text begin the first deleted text end new text begin each new text end journeyworker employed at the work site deleted text begin plus one apprentice for each additional three journeyworkers employed at the work site; deleted text end new text begin , except that for occupations in the building and construction trades or any hazardous occupation as defined by section 181A.04, subdivision 5, one apprentice for the first journeyworker employed at the work site plus one apprentice for each additional three journeyworkers employed at the work site; new text end

(2) the work site ratio utilized by the majority of registered apprenticeship agreements in the same trade or occupation; or

(3) a program-specific ratio that has been approved by the Apprenticeship Advisory Board.

Minnesota Statutes 2022, section 178.036, subdivision 6, is amended to read:

Graduated schedule of wages..

The graduated schedule of wages for an apprenticeship program shall be calculated as a percentage of the journeyworker rate in the majority of registered apprenticeship agreements in the same trade or occupation in the state. If there are no registered apprenticeship agreements in the same trade or occupation, the graduated schedule of wages may be determined by the sponsor new text begin with the approval of the division new text end .

Minnesota Statutes 2022, section 178.036, subdivision 7, is amended to read:

Probationary period..

The standards must provide a period of probation of not more than deleted text begin 500 hours of employment and instruction extending over not more than four months deleted text end new text begin one year or 25 percent of the length of the program, whichever is shorter new text end , during which time the apprenticeship agreement shall be terminated by the director upon written request of either party, and providing that after such probationary period the apprenticeship agreement may be terminated by the director by mutual agreement of all parties thereto, or terminated by the director for good and sufficient reason.

Minnesota Statutes 2022, section 178.044, subdivision 3, is amended to read:

Journeyworker wage rate..

If the apprentice is not covered by a collective bargaining agreement, the journeyworker wage rate upon which the apprenticeship agreement graduated schedule of wages is calculated shall be:

(1) the most current Minnesota state prevailing wage rate determination for the same trade or occupation in the county in which the apprentice's employer is located. If an apprenticeship agreement deleted text begin entered into after January 1, 2015, deleted text end does not specify fringe benefits, the journeyworker wage rate upon which the apprentice wage rate is calculated must be the total rate listed in the wage determination; or

(2) if there is no Minnesota prevailing wage rate determination for the same trade or occupation in the county in which the apprentice's employer is located, the journeyworker wage may be determined by the sponsor with the approval of the division.

Minnesota Statutes 2022, section 178.07, subdivision 1, is amended to read:

Approval required..

(a) The division shall approve, if it determines that it is in the best interest of the apprentice, an apprenticeship agreement new text begin prepared by the sponsor on a form provided by the commissioner new text end that meets the standards established in this section.

(b) deleted text begin All terminations, cancellations, and transfers of apprenticeship agreements shall be approved by the division in writing. deleted text end The division must be notified in writing by the sponsor within 45 days of all terminations, cancellations, or transfer of apprenticeship agreements.

Minnesota Statutes 2022, section 178.07, subdivision 3, is amended to read:

Every apprenticeship agreement entered into under this chapter shall contain:

(1) the names of the contracting parties, and the signatures required by subdivision 2;

(2) the date of birth, and information as to the race new text begin , ethnicity, new text end and sex of the apprentice, and, on a voluntary basis, the apprentice's Social Security number new text begin , disability status, and veteran status new text end ;

(3) contact information of the sponsor and the division;

(4) a statement of the trade or occupation which the apprentice is to be taught, the date on which the apprenticeship will begin, and the number of hours to be spent by the apprentice in work and the number of hours to be spent in concurrent, related instruction;

(5) a statement of the wages to be paid the apprentice under sections 178.036 , subdivision 6, and 178.044 , as applicable;

(6) a statement listing any fringe benefits to be provided to the apprentice;

(7) a statement incorporating as part of the agreement the registered standards of the apprenticeship program on the date of the agreement and as they may be amended during the period of the agreement;

(8) a statement that the apprentice will be accorded equal opportunity in all phases of apprenticeship employment and training, without discrimination due to race, color, creed, religion, national origin, sex, new text begin gender identity, new text end sexual orientation, marital status, deleted text begin physical or mental deleted text end new text begin familial status, new text end disability, deleted text begin receipt of deleted text end new text begin status with regard to new text end public assistance, or age; and

(9) such additional terms and conditions as may be prescribed or approved by the commissioner not inconsistent with the provisions of this chapter.

new text begin [178.071] APPRENTICE DATA. new text end

New text begin definition. new text end.

new text begin "Apprentice data" means data on individuals collected, maintained, used, or disseminated because an individual has applied for or has been submitted for registration as an apprentice with the Division of Apprenticeship, or is currently or has been registered as an apprentice with the Division of Apprenticeship. new text end

new text begin Classification. new text end

new text begin Apprentice data are private data on individuals. new text end

new text begin Data sharing. new text end

new text begin Apprentice data may be shared with a state agency for the purpose of determining compliance with section 116J.871 or 177.41 to 177.44. The division may provide apprentice data to the United States Department of Labor. new text end

Minnesota Statutes 2022, section 178.09, subdivision 2, is amended to read:

Determination; appeal..

Within 90 days after the receipt of a complaint, the division must issue a determination. The determination of the division shall be filed with the commissioner and written notice shall be served on all parties affected by it. Any person aggrieved by any determination or action of the director may appeal to the commissioner. If no appeal is filed with the commissioner within deleted text begin ten deleted text end new text begin 15 new text end days of the date of service, the division's determination shall become the final order of the commissioner. If an appeal is filed, the commissioner shall appoint and convene a hearing board to be composed of three members of the Apprenticeship Advisory Board appointed under section 178.02 , one member being a representative of an employer organization, one representative being a member of an employee organization, and one member representing the general public. The board shall hold a hearing on the appeal after due notice to the interested parties and shall submit to the commissioner findings of fact and a recommended decision accompanied by a memorandum of the reasons for it. Within 30 days after submission, the commissioner may adopt the recommended decision of the board, or disregard the recommended decision of the board and prepare a decision based on the findings of fact and accompanied by a memorandum of reasons for that decision. Written notice of the commissioner's determination and order shall be served on all parties affected by it. Any person aggrieved by the commissioner's determination and order under this section is entitled to judicial review under sections 14.63 to 14.68 in the same manner that a person aggrieved by a final decision in a contested case is entitled to judicial review. The commissioner's determination and order under this section shall be a final decision and order of the department for purposes of sections 14.63 to 14.68 .

Minnesota Statutes 2022, section 178.091, subdivision 2, is amended to read:

(a) The commissioner may deregister a registered apprenticeship program or deny an application for registration if:

(1) the program does not comply with any requirement of Code of Federal Regulations, title 29, part 29 or deleted text begin 32 deleted text end new text begin 30 new text end , this chapter, or any rule adopted pursuant to section 178.041 ;

(2) the program does not have at least one registered apprentice in each trade or occupation, except for the following specified periods of time:

(i) within the first deleted text begin 30 deleted text end new text begin 45 new text end days after the date a program is registered; or

(ii) within one year of the date that a program graduates an apprentice in a trade or occupation and the date of registration for the next apprentice in that trade or occupation; or

(3) the program is not conducted, operated, or administered in accordance with the program's registered standards or with the requirements of this chapter, including but not limited to:

(i) failure to provide on-the-job learning;

(ii) failure to provide related instruction;

(iii) failure of an employer to pay the apprentice a progressively increasing schedule of wages consistent with the apprentice's skills acquired; or

(iv) persistent and significant failure to perform successfully.

(b) The commissioner may deregister an apprenticeship program at the written request of the sponsor in a manner consistent with the provisions of Code of Federal Regulations, title 29, part 29, section 29.8(a).

Minnesota Statutes 2022, section 178.091, subdivision 4, is amended to read:

Deleted text begin orders; hearings related to orders deleted text end new text begin corrective action new text end ..

deleted text begin (a) deleted text end If the commissioner determines that a registered apprenticeship program should be deregistered or that an application for registration should be denied, the commissioner shall issue to and serve on the sponsor deleted text begin an order deregistering the program's registration or denying the application for registration. deleted text end new text begin a notice to correct containing the following: new text end

deleted text begin (b) An order issued under this subdivision must specify: deleted text end

(1) the deficiency and the required remedy or corrective action;

(2) the time period to effectuate the required remedy or corrective action, which shall be new text begin no less than 30 days and new text end no more than deleted text begin 90 deleted text end new text begin 60 new text end days; and

(3) any other requirement consistent with Code of Federal Regulations, title 29, part 29, section 29.8(b).

deleted text begin (c) The sponsor to whom the commissioner issues an order under this subdivision may appeal to a hearing board appointed consistent with section 178.09, subdivision 2 . deleted text end

Minnesota Statutes 2022, section 178.091, is amended by adding a subdivision to read:

New text begin denial of application. new text end.

new text begin If an applicant for registration does not take the required corrective action within the allotted time, the commissioner may deny the application for registration. new text end

new text begin Subd. 6. new text end

New text begin order of deregistration. new text end.

new text begin If the registered apprenticeship program does not take the required corrective action within the allotted time, the commissioner may issue an order of deregistration containing the following: new text end

new text begin (1) that certain deficiencies were identified in the notice to correct and the registered apprenticeship program did not take the required corrective action; new text end

new text begin (2) based on the deficiencies stated in the notice to correct and the failure of the registered apprentice program to remedy those deficiencies, a determination has been made that there is reasonable cause to deregister the program; new text end

new text begin (3) that the registered apprenticeship program may appeal this determination within 15 days to the commissioner consistent with subdivision 7; and new text end

new text begin (4) that, if the registered apprenticeship program does not appeal the determination, the order becomes final. new text end

new text begin Subd. 7. new text end

New text begin appeal. new text end.

new text begin Any person aggrieved by an order of deregistration may appeal to the commissioner. If no appeal is filed with the commissioner within 15 days of the date of service, the order of deregistration shall become the final order of the commissioner. If an appeal is filed, the commissioner shall appoint and convene a hearing board to be composed of three members of the Apprenticeship Advisory Board appointed under section 178.02, one member being a representative of an employer organization, one representative being a member of an employee organization, and one member representing the general public. The board shall hold a hearing on the appeal after due notice to the interested parties and shall submit to the commissioner findings of fact and a recommended decision accompanied by a memorandum of the reasons for the recommended decision. Within 30 days after submission, the commissioner may adopt the recommended decision of the board or disregard the recommended decision of the board and prepare a decision based on the findings of fact and accompanied by a memorandum of reasons for that decision. Written notice of the commissioner's determination and order shall be served on all parties affected by the commissioner's determination. Any person aggrieved by the commissioner's determination and order under this section is entitled to judicial review under sections 14.63 to 14.68 in the same manner that a person aggrieved by a final decision in a contested case is entitled to judicial review. The commissioner's determination and order under this section shall be a final decision and order of the department for purposes of sections 14.63 to 14.68. new text end

Minnesota Statutes 2022, section 178.10, is amended to read:

178.10 limitation..

(a) The provisions of this chapter shall have no application to those individuals who are apprenticed by the commissioner of corrections pursuant to sections 242.43 and 242.44 .

(b) Nothing in this chapter or any apprenticeship agreement operates to invalidate:

(1) any apprenticeship provision in any collective bargaining agreement between employers and employees establishing higher apprenticeship standards; or

(2) any special provision for veterans, deleted text begin minority persons deleted text end new text begin people of color, individuals with a disability new text end , or women, in the standards, apprentice qualifications, or operation of the program or in the apprenticeship agreement which is not otherwise prohibited by law.

new text begin REPEALER. new text end

new text begin (a) new text end new text begin Minnesota Rules, part 5200.0400, new text end new text begin is repealed. new text end

new text begin (b) new text end new text begin Minnesota Statutes 2022, section 178.036, subdivision 10, new text end new text begin is repealed. new text end

BUREAU OF MEDIATION SERVICES

Minnesota statutes 2022, section 179.01, subdivision 1, is amended to read:, deleted text begin words, terms, and phrases deleted text end new text begin scope new text end ..

Unless the language or context clearly indicates that a different meaning is intended, the deleted text begin following words, deleted text end terms deleted text begin , and phrases, for the purposes of sections 179.01 to 179.17 , shall be given the meanings subjoined to them deleted text end new text begin defined in this section have the meanings given them for purposes of sections 179.01 to 179.17 new text end .

Minnesota Statutes 2022, section 179.01, subdivision 9, is amended to read:

"Lockout" deleted text begin is deleted text end new text begin means new text end the refusal of the employer to furnish work to employees as a result of a labor dispute.

Minnesota Statutes 2022, section 179.01, subdivision 16, is amended to read:

Professional strikebreaker..

new text begin (a) new text end "Professional strikebreaker" means any person who:

deleted text begin (a) deleted text end new text begin (1) new text end makes an offer to an employer at whose place of business a labor dispute is presently in progress to work as a replacement for an employee or employees involved in such labor dispute; and

deleted text begin (b) deleted text end new text begin (2) new text end during a period of five years immediately preceding such offer, has, on more than one occasion, made an offer to employers to work as a temporary employee to personally replace employees involved in labor disputes.

new text begin (b) new text end For the purposes of this subdivision deleted text begin , deleted text end new text begin : new text end

new text begin (1) new text end "work" deleted text begin shall mean deleted text end new text begin means new text end the rendering of services for wages or other consideration deleted text begin . For the purposes of this subdivision, deleted text end new text begin ; and new text end

new text begin (2) new text end "offer" deleted text begin shall include deleted text end new text begin includes new text end arrangements made for or on behalf of employers by any person.

Minnesota Statutes 2022, section 179.06, is amended to read:

179.06 collective bargaining agreements..

new text begin (a) new text end When any employee, employees, or representative of employees, or labor organization shall desire to negotiate a collective bargaining agreement, or make any change in any existing agreement, or shall desire any changes in the rates of pay, rules or working conditions in any place of employment, it shall give written notice to the employer of its demand, which notice shall follow the employer if the place of employment is changed, and it shall thereupon be the duty of the employer and the representative of employee or labor organization to endeavor in good faith to reach an agreement respecting such demand. An employer shall give a like notice to employees, representative, or labor organizations of any intended change in any existing agreement. If no agreement is reached at the expiration of ten days after service of such notice, any employees, representative, labor organization, or employer may at any time thereafter petition the commissioner of mediation services to take jurisdiction of the dispute and it shall be unlawful for any labor organization or representative to institute or aid in the conduct of a strike or for an employer to institute a lockout, unless such petition has been served by the party taking such action upon the commissioner and the other parties to the labor dispute at least ten days before the strike or lockout becomes effective. Unless the strike or lockout is commenced within 90 days from the date of service of the petition upon the commissioner, it shall be unlawful for any of the parties to institute or aid in the conduct of a strike or lockout without serving a new petition in the manner prescribed for the service of the original petition, provided that the 90-day period may be extended by written agreement of the parties filed with the commissioner.

new text begin (b) new text end A petition by the employer shall be signed by the employer or a duly authorized officer or agent; and a petition by the employees shall be signed by their representative or its officers, or by the committee selected to negotiate with the employer. In either case the petition shall be served by delivering it to the commissioner in person or by sending it by certified mail addressed to the commissioner at the commissioner's office. The petition shall state briefly the nature of the dispute and the demands of the party who serves it. Upon receipt of a petition, the commissioner shall fix a time and place for a conference with the parties to the labor dispute upon the issues involved in the dispute, and shall then take whatever steps the commissioner deems most expedient to bring about a settlement of the dispute, including assisting in negotiating and drafting a settlement agreement. It shall be the duty of all parties to a labor dispute to respond to the summons of the commissioner for joint or several conferences with the commissioner and to continue in such conference until excused by the commissioner, not beyond the ten-day period heretofore prescribed except by mutual consent of the parties.

Commissioner deleted text begin , deleted text end powers and duties.

The commissioner may at the request of either party to a labor dispute render assistance in settling the dispute without the necessity of filing the formal petition deleted text begin referred to in deleted text end new text begin under new text end subdivision 1. If the commissioner takes jurisdiction of the dispute as a result of such a request, the commissioner deleted text begin shall deleted text end new text begin must new text end then proceed deleted text begin as provided in deleted text end new text begin according to new text end subdivision 1.

Minnesota Statutes 2022, section 179.08, is amended to read:

179.08 powers of commission appointed by commissioner..

(a) The commission appointed by the commissioner pursuant to the provisions of section 179.07 shall have the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence which relates to any matter involved in any such hearing, and may by its chair administer oaths and affirmations, and may examine witnesses. Such attendance of witnesses and the production of such evidence may be required from any place in the state at any designated place of hearing, but whenever practical hearings shall be held in a county where the labor dispute has arisen or exists.

(b) In case of contumacy or refusal to obey a subpoena issued under paragraph (a), the district court of the state for the county where the proceeding is pending or in which the person guilty of such contumacy or refusal to obey is found, or resides, or transacts business, or application by the commission shall have jurisdiction to issue to such person an order requiring such person to appear before the commission, there to produce evidence as so ordered, or there to give testimony touching the matter under investigation or in question, and any failure to obey such order of the court may be punished by the court as a contempt thereof.

(c) Any party to or party affected by the dispute may appear before the commission in person or by attorney or by their representative, and shall have the right to offer competent evidence and to be heard on the issues before the report of the commission is made.

new text begin (d) new text end Any deleted text begin commissioners so appointed shall deleted text end new text begin commission members appointed under section 179.07 must new text end be paid a per diem allowance not to exceed that established for arbitrators in section 179A.16, subdivision 8 , and their necessary expenses while serving.

Minnesota Statutes 2022, section 179.11, is amended to read:

179.11 employee unfair labor practices..

new text begin (a) new text end It deleted text begin shall be deleted text end new text begin is new text end an unfair labor practice:

(1) for any employee or labor organization to institute a strike if such strike is a violation of any valid collective agreement between any employer and its employees or labor organization and the employer is, at the time, in good faith complying with the provisions of the agreement, or to violate the terms and conditions of such bargaining agreement;

(2) for any employee or labor organization to institute a strike if the calling of such strike is in violation of sections 179.06 or 179.07 ;

(3) for any person to seize or occupy property unlawfully during the existence of a labor dispute;

(4) for any person to picket or cause to be picketed a place of employment of which place the person is not an employee while a strike is in progress affecting the place of employment, unless the majority of persons engaged in picketing the place of employment at these times are employees of the place of employment;

(5) for more than one person to picket or cause to be picketed a single entrance to any place of employment where no strike is in progress at the time;

(6) for any person to interfere in any manner with the operation of a vehicle or the operator thereof when neither the owner nor operator of the vehicle is at the time a party to a strike;

(7) for any employee, labor organization, or officer, agent, or member thereof, to compel or attempt to compel any person to join or to refrain from joining any labor organization or any strike against the person's will by any threatened or actual unlawful interference with the person, or immediate family member, or physical property, or to assault or unlawfully threaten any such person while in pursuit of lawful employment;

(8) unless the strike has been approved by a majority vote of the voting employees in a collective bargaining unit of the employees of an employer or association of employers against whom such strike is primarily directed, for any person or labor organization to cooperate in engaging in, promoting new text begin , new text end or inducing a strike. Such vote shall be taken by secret ballot at an election called by the collective bargaining agent for the unit, and reasonable notice shall be given to all employees in the collective bargaining unit of the time and place of election; or

(9) for any person or labor organization to hinder or prevent by intimidation, force, coercion or sabotage, or by threats thereof, the production, transportation, processing or marketing by a producer, processor or marketing organization, of agricultural products, or to combine or conspire to cause or threaten to cause injury to any processor, producer or marketing organization, whether by withholding labor or other beneficial intercourse, refusing to handle, use or work on particular agricultural products, or by other unlawful means, in order to bring such processor or marketing organization against its will into a concerted plan to coerce or inflict damage upon any producer; provided that nothing in this subsection shall prevent a strike which is called by the employees of such producer, processor or marketing organization for the bona fide purpose of improving their own working conditions or promoting or protecting their own rights of organization, selection of bargaining representative or collective bargaining.

deleted text begin The violation of clauses (2), (3), (4), (5), (6), (7), (8) and (9) are hereby declared to be unlawful acts. deleted text end

new text begin (b) It is an unlawful act to violate paragraph (a), clause (2), (3), (4), (5), (6), (7), (8), or (9). new text end

Minnesota Statutes 2022, section 179.12, is amended to read:

179.12 deleted text begin employers' deleted text end new text begin employer new text end unfair labor practices..

new text begin (a) new text end It is an unfair labor practice for an employer:

(1) to institute a lockout of its employees in violation of a valid collective bargaining agreement between the employer and its employees or labor organization if the employees at the time are in good faith complying with the provisions of the agreement, or to violate the terms and conditions of the bargaining agreement;

(2) to institute a lockout of its employees in violation of section 179.06 or 179.07 ;

(3) to encourage or discourage membership in a labor organization by discrimination in regard to hire or tenure of employment or any terms or conditions of employment; provided, that this clause does not apply to the provisions of collective bargaining agreements entered into voluntarily by an employer and its employees or a labor organization representing the employees as a bargaining agent, as provided by section 179.16 ;

(4) to discharge or otherwise to discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given information or testimony under this chapter;

(5) to spy directly or through agents or any other persons upon activities of employees or their representatives in the exercise of their legal rights;

(6) to distribute or circulate a blacklist of individuals exercising a legal right or of members of a labor organization for the purpose of preventing individuals who are blacklisted from obtaining or retaining employment;

(7) to engage or contract for the services of a person who is an employee of another if the employee is paid a wage that is less than the wage to be paid by the engaging or contracting employer under an existing union contract for work of the same grade or classification;

(8) willfully and knowingly to utilize a professional strikebreaker to replace an employee or employees involved in a strike or lockout at a place of business located within this state; or

(9) to grant or offer to grant the status of permanent replacement employee to a person for performing bargaining unit work for an employer during a lockout of employees in a labor organization or during a strike of employees in a labor organization authorized by a representative of employees.

deleted text begin The violation of deleted text end new text begin (b) It is an unlawful act to violate paragraph (a), new text end clause (2), (4), (5), (6), (7), (8), or (9) deleted text begin is an unlawful act deleted text end .

Minnesota Statutes 2022, section 179.254, subdivision 1, is amended to read:

For the purposes of sections 179.254 to deleted text begin 179.256 deleted text end new text begin 179.257 new text end , the deleted text begin following deleted text end terms deleted text begin shall deleted text end new text begin defined in this section new text end have the meanings deleted text begin subscribed to deleted text end new text begin given new text end them.

Minnesota Statutes 2022, section 179.256, is amended to read:

179.256 deleted text begin notification deleted text end new text begin notifying construction worker of reimbursement new text end ..

Whenever a construction worker may qualify for the reimbursement of benefit payments to a deleted text begin home deleted text end benefit fund deleted text begin as described in deleted text end new text begin under new text end section 179.255 , the trustees of the benefit fund of which the worker is a member, or their agent, shall so notify the trustees of the benefit fund to which payments will be made during the temporary period of work. Such notification shall be made promptly in writing and shall include the name, address, and Social Security number of the construction worker and the starting date of the temporary period of work.

Minnesota Statutes 2022, section 179.26, is amended to read:

179.26 definitions deleted text begin ; certain representation disputes deleted text end ..

When used in sections 179.26 to 179.29 , unless the context clearly indicates otherwise, deleted text begin each of the following words: deleted text end new text begin " new text end employee, new text begin " new text end new text begin " new text end labor organization, new text begin " new text end new text begin " new text end strike, new text begin " new text end and new text begin " new text end lockout deleted text begin shall deleted text end new text begin " new text end have the deleted text begin meaning ascribed to it deleted text end new text begin meanings given them new text end in section 179.01 .

Minnesota Statutes 2022, section 179.27, is amended to read:

179.27 strikes or boycotts prohibited..

When certification of a representative of employees for collective bargaining purposes has been made by proper federal or state authority, it is unlawful during the effective period of such certification for any employee, representative of employees new text begin , new text end or labor organization to conduct a strike or boycott against the employer of such employees or to picket any place of business of the employer in order, by such strike, boycott new text begin , new text end or picketing deleted text begin , deleted text end new text begin to: new text end

(1) deleted text begin to deleted text end deny the right of the representative so certified to act as such representative deleted text begin or deleted text end new text begin ; new text end

(2) deleted text begin to deleted text end prevent such representative from acting as authorized by such certification deleted text begin , deleted text end new text begin ; new text end or

(3) deleted text begin to deleted text end interfere with the business of the employer in an effort to do either act deleted text begin specified in clauses deleted text end new text begin under clause new text end (1) deleted text begin and deleted text end new text begin or new text end (2) deleted text begin hereof deleted text end .

Minnesota Statutes 2022, section 179.35, subdivision 1, is amended to read:

Unless the language or context clearly indicates that a different meaning is intended, the deleted text begin following words, deleted text end terms deleted text begin and phrases, for the purposes of sections 179.35 to 179.39 , shall be given deleted text end new text begin defined in this section have new text end the meanings deleted text begin subjoined to deleted text end new text begin given new text end them new text begin for purposes of sections 179.35 to 179.39 new text end .

Minnesota Statutes 2022, section 179.40, is amended to read:

179.40 secondary boycott; deleted text begin declaration of deleted text end new text begin public new text end policy..

new text begin (a) new text end As a guide to the interpretation and application of sections 179.40 to 179.47 , the public policy of this state is declared to be:

new text begin (1) new text end to protect and promote the interests of the public, employees new text begin , new text end and employers alike, with due regard to the situation and to the rights of the others;

new text begin (2) new text end to promote industrial peace, regular and adequate income for employees, and uninterrupted production of goods and services; and

new text begin (3) new text end to reduce the serious menace to the health, morals new text begin , new text end and welfare of the people of this state arising from economic insecurity due to stoppages and interruptions of business and employment.

new text begin (b) new text end It is recognized that whatever may be the rights of disputants with respect to each other in any controversy, they should not be permitted, in their controversy, to intrude directly into the primary rights of third parties to earn a livelihood, transact business, and engage in the ordinary affairs of life by lawful means and free from molestation, interference, restraint new text begin , new text end or coercion. The legislature, therefore, declares that, in its considered judgment, the public good and the general welfare of the citizens of this state will be promoted by prohibiting secondary boycotts and other coercive practices in this state.

Minnesota Statutes 2022, section 179.43, is amended to read:

179.43 illegal combination; deleted text begin violation of deleted text end new text begin violating new text end public policy..

A secondary boycott as deleted text begin hereinbefore deleted text end defined new text begin under section 179.41 new text end is deleted text begin hereby declared to be deleted text end an illegal combination in restraint of trade and in violation of the public policy of this state.

Minnesota Statutes 2022, section 179A.02, is amended to read:

179a.02 citation..

Sections 179A.01 to 179A.25 deleted text begin shall be known deleted text end new text begin may be cited new text end as the "Public Employment Labor Relations Act."

Minnesota Statutes 2022, section 179A.03, subdivision 17, is amended to read:

Supervisory employee..

new text begin (a) new text end "Supervisory employee" means a person who has the authority to undertake a majority of the following supervisory functions in the interests of the employer: hiring, transfer, suspension, promotion, discharge, assignment, reward, or discipline of other employees, direction of the work of other employees, or adjustment of other employees' grievances on behalf of the employer. To be included as a supervisory function which the person has authority to undertake, the exercise of the authority by the person may not be merely routine or clerical in nature but must require the use of independent judgment. An employee, other than an essential employee, who has authority to effectively recommend a supervisory function, is deemed to have authority to undertake that supervisory function for the purposes of this subdivision. The administrative head of a municipality, municipal utility, or police or fire department, and the administrative head's assistant, are always considered supervisory employees.

new text begin (b) new text end The removal of employees by the employer from a nonsupervisory appropriate unit for the purpose of designating the employees as "supervisory employees" shall require either the prior written agreement of the exclusive representative and the written approval of the commissioner or a separate determination by the commissioner before the redesignation is effective.

Minnesota Statutes 2022, section 179A.06, subdivision 1, is amended to read:

Deleted text begin expression of deleted text end new text begin expressing new text end views..

new text begin (a) new text end Sections 179A.01 to 179A.25 do not affect the right of any public employee or the employee's representative to express or communicate a view, grievance, complaint, or opinion on any matter related to the conditions or compensation of public employment or their betterment, so long as this is not designed to and does not interfere with the full faithful and proper performance of the duties of employment or circumvent the rights of the exclusive representative. Sections 179A.01 to 179A.25 do not require any public employee to perform labor or services against the employee's will.

new text begin (b) new text end If no exclusive representative has been certified, any public employee individually, or group of employees through their representative, has the right to express or communicate a view, grievance, complaint, or opinion on any matter related to the conditions or compensation of public employment or their betterment, by meeting with their public employer or the employer's representative, so long as this is not designed to and does not interfere with the full, faithful, and proper performance of the duties of employment.

Minnesota Statutes 2022, section 179A.06, subdivision 2, is amended to read:

Right to organize..

new text begin (a) new text end Public employees have the right to form and join labor or employee organizations, and have the right not to form and join such organizations. Public employees in an appropriate unit have the right by secret ballot to designate an exclusive representative to negotiate grievance procedures and the terms and conditions of employment with their employer. Confidential employees of the state, confidential court employees, and confidential University of Minnesota employees are excluded from bargaining. Supervisory and managerial court employees are excluded from bargaining. Supervisory, managerial, and confidential employees of Hennepin Healthcare System, Inc., are excluded from bargaining. Other confidential employees, supervisory employees, principals, and assistant principals may form their own organizations. An employer shall extend exclusive recognition to a representative of or an organization of supervisory or confidential employees, or principals and assistant principals, for the purpose of negotiating terms or conditions of employment, in accordance with sections 179A.01 to 179A.25 , applicable to essential employees.

new text begin (b) new text end Supervisory or confidential employee organizations shall not participate in any capacity in any negotiations which involve units of employees other than supervisory or confidential employees. Except for organizations which represent supervisors who are: (1) firefighters, emergency medical service employees certified under section 144E.28 , 911 system public safety dispatchers, peace officers subject to licensure under sections 626.84 to 626.863 , guards at correctional facilities, or employees at hospitals other than state hospitals; and (2) not state or University of Minnesota employees, a supervisory or confidential employee organization which is affiliated with another employee organization which is the exclusive representative of nonsupervisory or nonconfidential employees of the same public employer shall not be certified, or act as, an exclusive representative for the supervisory or confidential employees. For the purpose of this subdivision, affiliation means either direct or indirect and includes affiliation through a federation or joint body of employee organizations.

Minnesota Statutes 2022, section 179A.06, subdivision 3, is amended to read:

Fair share fee..

new text begin (a) new text end An exclusive representative may require employees who are not members of the exclusive representative to contribute a fair share fee for services rendered by the exclusive representative. The fair share fee must be equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representative. In no event may the fair share fee exceed 85 percent of the regular membership dues. The exclusive representative shall provide advance written notice of the amount of the fair share fee to the employer and to unit employees who will be assessed the fee. The employer shall provide the exclusive representative with a list of all unit employees.

new text begin (b) new text end A challenge by an employee or by a person aggrieved by the fee must be filed in writing with the commissioner, the public employer, and the exclusive representative within 30 days after receipt of the written notice. All challenges must specify those portions of the fee challenged and the reasons for the challenge. The burden of proof relating to the amount of the fair share fee is on the exclusive representative. The commissioner shall hear and decide all issues in these challenges.

new text begin (c) new text end The employer shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative 30 days after the written notice was provided. If a challenge is filed, the deductions for a fair share fee must be held in escrow by the employer pending a decision by the commissioner.

Minnesota Statutes 2022, section 179A.08, subdivision 2, is amended to read:

Meet and confer..

The professional employees shall select a representative to meet and confer with a representative or committee of the public employer on matters not specified under section 179A.03, subdivision 19 , relating to the services being provided to the public. The public employer shall provide the facilities and set the time for these deleted text begin conferences deleted text end new text begin meetings new text end to take place. The parties shall meet at least once every four months.

Minnesota Statutes 2022, section 179A.10, subdivision 1, is amended to read:

Exclusions..

new text begin (a) new text end The commissioner of management and budget shall meet and negotiate with the exclusive representative of each of the units specified in this section, except as provided in section 43A.06, subdivision 1 , paragraph (c). The units provided in this section are the only appropriate units for executive branch state employees. The following employees shall be excluded from any appropriate unit:

(1) the positions and classes of positions in the classified and unclassified services defined as managerial by the commissioner of management and budget in accordance with section 43A.18, subdivision 3 , and so designated in the official state compensation schedules;

(2) unclassified positions in the Minnesota State Colleges and Universities defined as managerial by the Board of Trustees;

(3) positions of all unclassified employees appointed by a constitutional officer;

(4) positions in the Bureau of Mediation Services and the Public Employment Relations Board;

(5) positions of employees whose classification is pilot or chief pilot;

(6) administrative law judge and compensation judge positions in the Office of Administrative Hearings;

(7) positions of all confidential employees; and

(8) positions of employees of the State Board of Investment who are employed under the terms and conditions of the compensation plan approved under section 43A.18 , subdivision 3b.

new text begin (b) new text end The governor may upon the unanimous written request of exclusive representatives of units and the commissioner direct that negotiations be conducted for one or more units in a common proceeding or that supplemental negotiations be conducted for portions of a unit or units defined on the basis of appointing authority or geography.

Minnesota Statutes 2022, section 179A.104, subdivision 1, is amended to read:

Employee units..

new text begin (a) new text end The state Board of Public Defense shall meet and negotiate with the exclusive representative of each of the statewide units specified in this section. The units provided in this section are the only appropriate statewide units for state employees of the board. Employees of the state Board of Public Defense, unless otherwise excluded, are included within the units which include the classifications to which they are assigned for purposes of compensation. The following are the appropriate statewide units of state employees of the board:

(1) Assistant District and Assistant State Public Defender Unit; and

(2) Clerical and Support Staff Unit.

new text begin (b) new text end Each unit consists of the classifications or positions assigned to it in the schedule of job classifications and positions maintained by the state Board of Public Defense.

Minnesota Statutes 2022, section 179A.12, subdivision 1, is amended to read:

Certification continued..

new text begin (a) new text end Any employee organization holding formal recognition by order of the commissioner or by employer voluntary recognition on the effective date of Extra Session Laws 1971, chapter 33, under any law that is repealed by Extra Session Laws 1971, chapter 33, is certified as the exclusive representative until it is decertified or another representative is certified in its place.

new text begin (b) new text end Any teacher organization as defined by Minnesota Statutes 1969, section 125.20, subdivision 3 , which on the effective date of Extra Session Laws 1971, chapter 33, has a majority of its members on a teacher's council in a school district as provided in Minnesota Statutes 1969, section 125.22 is certified as the exclusive representative of all teachers of that school district until the organization is decertified or another organization is certified in its place.

Minnesota Statutes 2022, section 179A.15, is amended to read:

179a.15 mediation., new text begin petitioning commissioner. new text end.

Once notice has been given under section 179A.14 , the employer or the exclusive representative may petition the commissioner for mediation services.

new text begin Petition requirements; scheduling mediation. new text end

new text begin (a) new text end A petition by an employer shall be signed by the employer or an authorized officer or agent. A petition by an exclusive representative shall be signed by its authorized officer. All petitions shall be served on the commissioner in writing. The petition shall state briefly the nature of the disagreement of the parties.

new text begin (b) new text end Upon receipt of a petition and upon concluding that mediation would be useful, the commissioner shall fix a time and place for a deleted text begin conference deleted text end new text begin meeting new text end with the parties to negotiate the issues not agreed upon, and shall then take the most expedient steps to bring about a settlement, including assisting in negotiating and drafting an agreement.

new text begin Commissioner-initiated mediation. new text end

If the commissioner determines that mediation would be useful in resolving a dispute, the commissioner may mediate the dispute even if neither party has filed a petition for mediation. In these cases, the commissioner shall proceed as if a petition had been filed.

new text begin Mediation restricted. new text end

The commissioner shall not furnish mediation services to any employee or employee representative who is not certified as an exclusive representative.

new text begin Mediation meetings. new text end

All parties shall respond to the summons of the commissioner for deleted text begin conferences deleted text end new text begin meetings new text end and shall continue deleted text begin in conference deleted text end new text begin meeting new text end until excused by the commissioner.

Minnesota Statutes 2022, section 179A.16, subdivision 1, is amended to read:

New text begin petitioning for arbitration; new text end nonessential employees..

new text begin (a) new text end An exclusive representative or an employer of a unit of employees other than essential employees may request interest arbitration by providing written notice of the request to the other party and the commissioner. The written request for arbitration must specify the items to be submitted to arbitration and whether conventional, final-offer total-package, or final-offer item-by-item arbitration is contemplated by the request.

new text begin (b) new text end The items to be submitted to arbitration and the form of arbitration to be used are subject to mutual agreement. If an agreement to arbitrate is reached, it must be reduced to writing and a copy of the agreement filed with the commissioner. A failure to respond, or to reach agreement on the items or form of arbitration, within 15 days of receipt of the request to arbitrate constitutes a rejection of the request.

Minnesota Statutes 2022, section 179A.16, subdivision 7, is amended to read:

Deleted text begin decision by deleted text end arbitrator or new text begin arbitrator new text end panel new text begin ; issuing decision new text end ..

new text begin (a) new text end The decision must be issued by the arbitrator or a majority vote of the panel. The decision must resolve the issues in dispute between the parties as submitted by the commissioner. For principals and assistant principals, the arbitrator or panel is restricted to selecting between the final offers of the parties on each impasse item. For other employees, if the parties agree in writing, the arbitrator or panel is restricted to selecting between the final offers of the parties on each impasse item, or the final offer of one or the other parties in its entirety. In considering a dispute and issuing its decision, the arbitrator or panel shall consider the statutory rights and obligations of public employers to efficiently manage and conduct their operations within the legal limitations surrounding the financing of these operations. The decision is final and binding on all parties.

new text begin (b) new text end The arbitrator or panel shall render its decision within 30 days from the date that all arbitration proceedings have concluded. The arbitrator or panel may not request that the parties waive their right to have the decision rendered within 30 days, unless the commissioner grants an extension of the deadline. The commissioner shall remove from the roster for six months the name of any arbitrator who does not render the decision within 30 days or within the extension granted by the commissioner. The commissioner shall adopt rules establishing criteria to be followed in determining whether an extension should be granted. The decision must be for the period stated in the decision, except that decisions determining contracts for teacher units are effective to the end of the contract period determined by section 179A.20 .

new text begin (c) new text end The arbitrator or panel shall send its decision to the commissioner, the appropriate representative of the public employer, and the employees. If any issues submitted to arbitration are settled voluntarily before the arbitrator or panel issues a decision, the arbitrator or panel shall report the settlement to the commissioner.

new text begin (d) new text end The parties may, at any time before or after issuance of a decision of the arbitrator or panel, agree upon terms and conditions of employment regardless of the terms and conditions of employment determined by the decision. The parties shall, if so agreeing, execute a written contract or memorandum of contract.

Minnesota Statutes 2022, section 179A.18, subdivision 2, is amended to read:

School district requirements..

Except as otherwise provided by section 179A.17, subdivision 1 , teachers employed by a local school district, other than principals and assistant principals, may strike only under the following circumstances:

(1)(i) the collective bargaining agreement between their exclusive representative and their employer has expired or, if there is no agreement, impasse under section 179A.17, subdivision 1 , has occurred; and

(ii) the exclusive representative and the employer have participated in mediation over a period of at least 30 days. For the purposes of this item the mediation period commences on the day that a mediator designated by the commissioner first attends a deleted text begin conference deleted text end new text begin meeting new text end with the parties to negotiate the issues not agreed upon; and

(iii) neither party has requested interest arbitration or a request for binding interest arbitration has been rejected; or

(2) the employer violates section 179A.13, subdivision 2 , clause (9).

Minnesota Statutes 2022, section 179A.18, subdivision 3, is amended to read:

New text begin strike new text end notice..

new text begin (a) new text end In addition to the other requirements of this section, no employee may strike unless written notification of intent to strike is served on the employer and the commissioner by the exclusive representative at least ten days prior to the commencement of the strike. For all employees other than teachers, if more than 30 days have expired after service of a notification of intent to strike, no strike may commence until ten days after service of a new written notification. For teachers, no strike may commence more than 25 days after service of notification of intent to strike unless, before the end of the 25-day period, the exclusive representative and the employer agree that the period during which a strike may commence shall be extended for an additional period not to exceed five days. Teachers are limited to one notice of intent to strike for each contract negotiation period, provided, however, that a strike notice may be renewed for an additional ten days, the first five of which shall be a notice period during which no strike may occur, if the following conditions have been satisfied:

(1) an original notice was provided pursuant to this section; deleted text begin and deleted text end

(2) a tentative agreement to resolve the dispute was reached during the original strike notice period; and

(3) such tentative agreement was rejected by either party during or after the original strike notice period.

new text begin (b) new text end The first day of the renewed strike notice period shall commence on the day following the expiration of the previous strike notice period or the day following the rejection of the tentative agreement, whichever is later. Notification of intent to strike under subdivisions 1, clause (1); and 2, clause (1), may not be served until the collective bargaining agreement has expired, or if there is no agreement, on or after the date impasse under section 179A.17 has occurred.

Minnesota Statutes 2022, section 179A.19, subdivision 6, is amended to read:

new text begin (a) new text end Any public employee is entitled to request the opportunity to establish that the employee did not violate this section. The request shall be filed in writing with the officer or body having the power to remove the employee, within ten days after notice of termination is served upon the employee. The employing officer or body shall within ten days commence a proceeding at which the employee shall be entitled to be heard for the purpose of determining whether the provisions of this section have been violated by the public employee. If there are contractual grievance procedures, laws or rules establishing proceedings to remove the public employee, the hearing shall be conducted in accordance with whichever procedure the employee elects. The election shall be binding and shall terminate any right to the alternative procedures. The same proceeding may include more than one employee's employment status if the employees' defenses are identical, analogous, or reasonably similar. The proceedings shall be undertaken without unnecessary delay.

new text begin (b) new text end Any person whose termination is sustained in the administrative or grievance proceeding may appeal in accordance with chapter 14.

Minnesota Statutes 2022, section 179A.20, subdivision 4, is amended to read:

Grievance procedure..

(a) All contracts must include a grievance procedure providing for compulsory binding arbitration of grievances including all written disciplinary actions. If the parties cannot agree on the grievance procedure, they are subject to the grievance procedure deleted text begin promulgated deleted text end new text begin adopted new text end by the commissioner under section 179A.04, subdivision 3 , new text begin paragraph (a), new text end clause deleted text begin (h) deleted text end new text begin (8) new text end .

(b) Notwithstanding any home rule charter to the contrary, after the probationary period of employment, any disciplinary action is subject to the grievance procedure and compulsory binding arbitration.

(c) Employees covered by civil service systems created under chapter 43A, 44, 375, 387, 419, or 420, by a home rule charter under chapter 410, or by Laws 1941, chapter 423, may pursue a grievance through the procedure established under this section. When the grievance is also within the jurisdiction of appeals boards or appeals procedures created by chapter 43A, 44, 375, 387, 419, or 420, by a home rule charter under chapter 410, or by Laws 1941, chapter 423, the employee may proceed through the grievance procedure or the civil service appeals procedure, but once a written grievance or appeal has been properly filed or submitted by the employee or on the employee's behalf with the employee's consent the employee may not proceed in the alternative manner.

(d) A teacher who elects a hearing before an arbitrator under section 122A.40, subdivision 15 , or 122A.41, subdivision 13 , or who elects or acquiesces to a hearing before the school board may not later proceed in the alternative manner nor challenge the termination or discharge through a grievance procedure required by this subdivision.

(e) This section does not require employers or employee organizations to negotiate on matters other than terms and conditions of employment.

Minnesota Statutes 2022, section 179A.23, is amended to read:

179a.23 limitation on contracting-out of services provided by members of a state of minnesota or university of minnesota bargaining unit..

new text begin (a) new text end Any contract entered into after March 23, 1982, by the state of Minnesota or the University of Minnesota involving services, any part of which, in the absence of the contract, would be performed by members of a unit provided in sections 179A.10 and 179A.11 , shall be subject to section 16C.06 and shall provide for the preferential employment by a party of members of that unit whose employment with the state of Minnesota or the University of Minnesota is terminated as a result of that contract.

new text begin (b) new text end Contracts entered into by the state of Minnesota for the purpose of providing court reporter services or transcription of the record of a hearing which was recorded by means of an audio magnetic recording device shall be subject to section 16C.08 and the preferential employment provisions enumerated in this section. Any court reporter seeking a contract pursuant to the preferential employment provisions of this section shall be given preference when the services are needed only if that court reporter's charges for the services requested are no greater than the average of the charges made for the identical services by other court reporters in the same locality who are also under contract with the state for those services.

Minnesota Statutes 2022, section 626.892, subdivision 12, is amended to read:

Interaction with other laws..

(a) Sections 179A.21, subdivision 2 , and 572B.11 , paragraph (a), and rules for arbitrator selection promulgated pursuant to section 179A.04 shall not apply to discipline-related grievance arbitrations involving peace officers governed under this section.

(b) Notwithstanding any contrary provision of law, home rule charter, ordinance, or resolution, peace officers, through their certified exclusive representatives, shall not have the right to negotiate for or agree to a collective bargaining agreement or a grievance arbitration selection procedure with their employers that is inconsistent with this section.

(c) The arbitrator selection procedure for peace officer grievance arbitrations established under this section supersedes any inconsistent provisions in chapter 179A or 572B or in Minnesota Rules, chapters 5500 to 5530 and deleted text begin 7315 to deleted text end 7325. Other arbitration requirements in those chapters remain in full force and effect for peace officer grievance arbitrations, except as provided in this section or to the extent inconsistent with this section.

new text begin REVISOR INSTRUCTION. new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes, section 179.35, subdivision 5, as Minnesota Statutes, section 179.35, subdivision 7. new text end

new text begin Minnesota Rules, part 5510.0310, subpart 13, new text end new text begin is repealed. new text end

MINIMUM WAGE

Minnesota statutes 2022, section 177.23, is amended by adding a subdivision to read:, new text begin subd. 12. new text end, new text begin large employer. new text end.

new text begin "Large employer" means an enterprise whose annual gross volume of sales made or business done is not less than $500,000, exclusive of excise taxes at the retail level that are separately stated, and covered by the Minnesota Fair Labor Standards Act, sections 177.21 to 177.35. new text end

new text begin This section is effective January 1, 2025. new text end

new text begin Subd. 13. new text end

New text begin small employer. new text end.

new text begin "Small employer" means an enterprise whose annual gross volume of sales made or business done is less than $500,000, exclusive of excise taxes at the retail level that are separately stated, and covered by the Minnesota Fair Labor Standards Act, sections 177.21 to 177.35. new text end

Minnesota Statutes 2022, section 177.24, subdivision 1, is amended to read:

deleted text begin (a) For purposes of this subdivision, the terms defined in this paragraph have the meanings given them. deleted text end

deleted text begin (1) "Large employer" means an enterprise whose annual gross volume of sales made or business done is not less than $500,000 (exclusive of excise taxes at the retail level that are separately stated) and covered by the Minnesota Fair Labor Standards Act, sections 177.21 to 177.35 . deleted text end

deleted text begin (2) "Small employer" means an enterprise whose annual gross volume of sales made or business done is less than $500,000 (exclusive of excise taxes at the retail level that are separately stated) and covered by the Minnesota Fair Labor Standards Act, sections 177.21 to 177.35 . deleted text end

deleted text begin (b) deleted text end new text begin (a) new text end Except as otherwise provided in sections 177.21 to 177.35 deleted text begin : deleted text end new text begin , new text end

deleted text begin (1) deleted text end every deleted text begin large deleted text end employer must pay each employee wages at a rate of at least:

deleted text begin (i) deleted text end new text begin (1) new text end $8.00 per hour beginning August 1, 2014;

deleted text begin (ii) deleted text end new text begin (2) new text end $9.00 per hour beginning August 1, 2015;

deleted text begin (iii) deleted text end new text begin (3) new text end $9.50 per hour beginning August 1, 2016; and

deleted text begin (iv) deleted text end new text begin (4) new text end the rate established under paragraph deleted text begin (f) deleted text end new text begin (c) new text end beginning January 1, 2018 deleted text begin ; and deleted text end new text begin . new text end

deleted text begin (2) every small employer must pay each employee at a rate of at least: deleted text end

deleted text begin (i) $6.50 per hour beginning August 1, 2014; deleted text end

deleted text begin (ii) $7.25 per hour beginning August 1, 2015; deleted text end

deleted text begin (iii) $7.75 per hour beginning August 1, 2016; and deleted text end

deleted text begin (iv) the rate established under paragraph (f) beginning January 1, 2018. deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end Notwithstanding paragraph deleted text begin (b) deleted text end new text begin (a) new text end , during the first 90 consecutive days of employment, an employer may pay an employee under the age of 20 years a wage of at least:

(1) $6.50 per hour beginning August 1, 2014;

(2) $7.25 per hour beginning August 1, 2015;

(3) $7.75 per hour beginning August 1, 2016; and

(4) the rate established under paragraph deleted text begin (f) deleted text end new text begin (c) new text end beginning January 1, 2018.

No employer may take any action to displace an employee, including a partial displacement through a reduction in hours, wages, or employment benefits, in order to hire an employee at the wage authorized in this paragraph.

deleted text begin (d) Notwithstanding paragraph (b), an employer that is a "hotel or motel," "lodging establishment," or "resort" as defined in Minnesota Statutes 2012, section 157.15 , subdivisions 7, 8, and 11, must pay an employee working under a contract with the employer that includes the provision by the employer of a food or lodging benefit, if the employee is working under authority of a summer work travel exchange visitor program (J) nonimmigrant visa, a wage of at least: deleted text end

deleted text begin (1) $7.25 per hour beginning August 1, 2014; deleted text end

deleted text begin (2) $7.50 per hour beginning August 1, 2015; deleted text end

deleted text begin (3) $7.75 per hour beginning August 1, 2016; and deleted text end

deleted text begin (4) the rate established under paragraph (f) beginning January 1, 2018. deleted text end

deleted text begin No employer may take any action to displace an employee, including a partial displacement through a reduction in hours, wages, or employment benefits, in order to hire an employee at the wage authorized in this paragraph. deleted text end

deleted text begin (e) Notwithstanding paragraph (b), a large employer must pay an employee under the age of 18 at a rate of at least: deleted text end

deleted text begin (1) $6.50 per hour beginning August 1, 2014; deleted text end

deleted text begin (2) $7.25 per hour beginning August 1, 2015; deleted text end

deleted text begin (f) deleted text end new text begin (c) new text end No later than August 31 of each year, deleted text begin beginning in 2017, deleted text end the commissioner shall determine the percentage increase in the rate of inflation, as measured by the implicit price deflator, national data for personal consumption expenditures as determined by the United States Department of Commerce, Bureau of Economic Analysis during the 12-month period immediately preceding that August or, if that data is unavailable, during the most recent 12-month period for which data is available. The minimum wage rates in paragraphs new text begin (a) and new text end (b) deleted text begin , (c), (d), and (e) deleted text end are increased by the lesser of: (1) deleted text begin 2.5 deleted text end new text begin 5 new text end percent, rounded to the nearest cent; or (2) the percentage calculated by the commissioner, rounded to the nearest cent. A minimum wage rate shall not be reduced under this paragraph. The new minimum wage rates determined under this paragraph take effect on the next January 1.

deleted text begin (g)(1) No later than September 30 of each year, beginning in 2017, the commissioner may issue an order that an increase calculated under paragraph (f) not take effect. The commissioner may issue the order only if the commissioner, after consultation with the commissioner of management and budget, finds that leading economic indicators, including but not limited to projections of gross domestic product calculated by the United States Department of Commerce, Bureau of Economic Analysis; the Consumer Confidence Index issued by the Conference Board; and seasonally adjusted Minnesota unemployment rates, indicate the potential for a substantial downturn in the state's economy. Prior to issuing an order, the commissioner shall also calculate and consider the ratio of the rate of the calculated change in the minimum wage rate to the rate of change in state median income over the same time period used to calculate the change in wage rate. Prior to issuing deleted text end deleted text begin the order, the commissioner shall hold a public hearing, notice of which must be published in the State Register, on the department's website, in newspapers of general circulation, and by other means likely to inform interested persons of the hearing, at least ten days prior to the hearing. The commissioner must allow interested persons to submit written comments to the commissioner before the public hearing and for 20 days after the public hearing. deleted text end

deleted text begin (2) The commissioner may in a year subsequent to issuing an order under clause (1), make a supplemental increase in the minimum wage rate in addition to the increase for a year calculated under paragraph (f). The supplemental increase may be in an amount up to the full amount of the increase not put into effect because of the order. If the supplemental increase is not the full amount, the commissioner may make a supplemental increase of the difference, or any part of a difference, in a subsequent year until the full amount of the increase ordered not to take effect has been included in a supplemental increase. In making a determination to award a supplemental increase under this clause, the commissioner shall use the same considerations and use the same process as for an order under clause (1). A supplemental wage increase is not subject to and shall not be considered in determining whether a wage rate increase exceeds the limits for annual wage rate increases allowed under paragraph (f). deleted text end

new text begin This section is effective January 1, 2025, except that the amendments to paragraph (c) are effective August 1, 2024. new text end

Minnesota Statutes 2023 Supplement, section 204B.19, subdivision 6, is amended to read:

Trainee election judges..

(a) Notwithstanding any other requirements of this section, a student enrolled in a high school in Minnesota or who is in a home school in compliance with sections 120A.22 and 120A.24 , who has attained the age of 16 is eligible to be appointed as a without party affiliation trainee election judge in the county in which the student maintains residence, or a county adjacent to the county in which the student maintains residence. The student must meet qualifications for trainee election judges specified in rules of the secretary of state. A student appointed under this subdivision while enrolled in a high school or receiving instruction in a home school may continue to serve as a trainee election judge after the student graduates and until the student reaches the age of 18.

(b) A student appointed as a trainee election judge may be excused from school attendance during the hours that the student is serving as a trainee election judge if the student submits a written request signed and approved by the student's parent or guardian to be absent from school and a certificate from the appointing authority stating the hours during which the student will serve as a trainee election judge to the principal of the school at least ten days prior to the election. A trainee election judge shall not serve after 10:00 p.m. Notwithstanding section 177.24 to the contrary, trainee election judges may be paid not less than two-thirds of the minimum wage for deleted text begin a large deleted text end new text begin an new text end employer. The principal of the school may approve a request to be absent from school conditioned on acceptable academic performance at the time of service as a trainee election judge.

new text begin In each of the statutory sections listed in Column A, the revisor of statutes shall replace the statutory citation in Column B with the statutory citation listed in Column C. new text end

MISCELLANEOUS LABOR POLICY

Minnesota statutes 2022, section 177.24, is amended by adding a subdivision to read:, new text begin subd. 3a. new text end, new text begin gratuities; credit cards or charges. new text end.

new text begin (a) Gratuities received by an employee through a debit, charge, credit card, or electronic payment shall be credited to that pay period in which they are received by the employee. new text end

new text begin (b) Where a gratuity is received by an employee through a debit, charge, credit card, or electronic payment, the full amount of gratuity indicated in the payment must be distributed to the employee no later than the next scheduled pay period. new text end

new text begin This section is effective August 1, 2024. new text end

new text begin [181.173] SALARY RANGES REQUIRED IN JOB POSTINGS. new text end

new text begin (a) For the purposes of this section, the following terms have the meanings given. new text end

new text begin (b) "Employer" means a person or entity that employs 30 or more employees at one or more sites in Minnesota and includes an individual, corporation, partnership, association, nonprofit organization, group of persons, state, county, town, city, school district, or other governmental subdivision. new text end

new text begin (c) "Posting" means any solicitation intended to recruit job applicants for a specific available position, including recruitment done directly by an employer or indirectly through a third party, and includes any postings made electronically or via printed hard copy, that includes qualifications for desired applicants. new text end

new text begin (d) "Salary range" means the minimum and maximum annual salary or hourly range of compensation, based on the employer's good faith estimate, for a job opportunity of the employer at the time of the posting of an advertisement for such opportunity. new text end

new text begin Salary ranges in job postings required. new text end

new text begin (a) An employer must disclose in each posting for each job opening with the employer the starting salary range, and a general description of all of the benefits and other compensation, including but not limited to any health or retirement benefits, to be offered to a hired job applicant. new text end

new text begin (b) An employer that does not plan to offer a salary range for a position must list a fixed pay rate. A salary range may not be open ended. new text end

Minnesota Statutes 2023 Supplement, section 181.531, subdivision 3, is amended to read:

new text begin (a) The commissioner shall develop an educational poster providing notice of employees' rights provided under this section. The notice shall be available in English and the five most common languages spoken in Minnesota. new text end

deleted text begin Within 30 days of August 1, 2023, deleted text end new text begin (b) new text end An employer subject to this section shall post and keep posted deleted text begin , a deleted text end new text begin the new text end notice of employee rights deleted text begin under this section deleted text end new text begin created pursuant to this subdivision in a place new text end where employee notices are customarily deleted text begin placed deleted text end new text begin located within the workplace new text end .

new text begin This section is effective October 1, 2024. new text end

Minnesota Statutes 2022, section 181.950, is amended by adding a subdivision to read:

New text begin subd. 9a. new text end, new text begin oral fluid test. new text end.

new text begin "Oral fluid test" means analysis of a saliva sample for the purpose of measuring the presence of the same substances as drug and alcohol testing and cannabis testing that: new text end

new text begin (1) can detect drugs, alcohol, cannabis, or their metabolites in levels at or above the threshold detection levels contained in the standards of one of the programs listed in section 181.953, subdivision 1; and new text end

new text begin (2) does not require the services of a testing laboratory under section 181.953, subdivision 1. new text end

Minnesota Statutes 2022, section 181.951, subdivision 1, is amended to read:

Limitations on testing..

(a) An employer may not request or require an employee or job applicant to undergo drug and alcohol testing except as authorized in this section.

(b) An employer may not request or require an employee or job applicant to undergo drug or alcohol testing unless the testing is done pursuant to a written drug and alcohol testing policy that contains the minimum information required in section 181.952 ; and deleted text begin , deleted text end new text begin either: (1) new text end is conducted by a testing laboratory which participates in one of the programs listed in section 181.953, subdivision 1 new text begin ; or (2) complies with the oral fluid test procedures under section 181.953, subdivision 5a new text end .

(c) An employer may not request or require an employee or job applicant to undergo drug and alcohol testing on an arbitrary and capricious basis.

Minnesota Statutes 2023 Supplement, section 181.953, subdivision 1, is amended to read:

Use of licensed, accredited, or certified laboratory required..

(a) new text begin Except as provided under subdivision 5a, new text end an employer who requests or requires an employee or job applicant to undergo drug or alcohol testing or cannabis testing shall use the services of a testing laboratory that meets one of the following criteria for drug testing:

(1) is certified by the National Institute on Drug Abuse as meeting the mandatory guidelines published at 53 Federal Register 11970 to 11989, April 11, 1988;

(2) is accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, Illinois, 60093-2750, under the forensic urine drug testing laboratory program; or

(3) is licensed to test for drugs by the state of New York, Department of Health, under Public Health Law, article 5, title V, and rules adopted under that law.

(b) For alcohol testing, the laboratory must either be:

(1) licensed to test for drugs and alcohol by the state of New York, Department of Health, under Public Health Law, article 5, title V, and the rules adopted under that law; or

(2) accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, Illinois, 60093-2750, in the laboratory accreditation program.

Minnesota Statutes 2023 Supplement, section 181.953, subdivision 3, is amended to read:

Laboratory testing, reporting, and sample retention requirements..

new text begin (a) new text end A testing laboratory that is not certified by the National Institute on Drug Abuse according to subdivision 1 shall follow the chain-of-custody procedures prescribed for employers in subdivision 5. A testing laboratory shall conduct a confirmatory test on all samples that produced a positive test result on an initial screening test. A laboratory shall disclose to the employer a written test result report for each sample tested within three working days after a negative test result on an initial screening test or, when the initial screening test produced a positive test result, within three working days after a confirmatory test. A test report must indicate the drugs, alcohol, drug or alcohol metabolites, or cannabis or cannabis metabolites tested for and whether the test produced negative or positive test results. A laboratory shall retain and properly store for at least six months all samples that produced a positive test result.

new text begin (b) This subdivision and the chain-of-custody procedures under subdivision 5 do not apply to oral fluid testing under subdivision 5a. new text end

Minnesota Statutes 2023 Supplement, section 181.953, is amended by adding a subdivision to read:

New text begin subd. 5a. new text end, new text begin oral fluid testing. new text end.

new text begin (a) When drug and alcohol testing or cannabis testing is otherwise authorized under section 181.951, an employer may request an employee or job applicant to undergo oral fluid testing according to the procedures under this subdivision as an alternative to using the services of a testing laboratory under subdivision 1. new text end

new text begin (b) The employee must be informed of the test result at the time of the oral fluid test. Within 48 hours of an oral fluid test that indicates a positive test result or that is inconclusive or invalid, the employee or job applicant may request drug or alcohol testing or cannabis testing at no cost to the employee or job applicant using the services of a testing laboratory under subdivision 1, and according to the existing laboratory testing standards in subdivisions 1 to 5. The rights, notice, and limitations in subdivision 6, paragraph (b), and subdivisions 7 to 8 and 10 to 11 apply to an employee or job applicant and a laboratory test conducted pursuant to this paragraph. new text end

new text begin (c) If the laboratory test under paragraph (b) indicates a positive result, any subsequent confirmatory retest, if requested by the employee or job applicant, must be conducted following the retest procedures provided in subdivision 6, paragraph (c), and subdivision 9 at the employee's or job applicant's own expense. new text end

new text begin (d) Nothing in this subdivision is intended to modify the existing requirements for drug and alcohol testing or cannabis testing in the workplace under sections 181.950 to 18.957, unless stated otherwise. new text end

new text begin [182.678] SURGICAL SMOKE EVACUATION SYSTEM POLICIES. new text end

new text begin (a) For purposes of this section, the terms defined in this subdivision have the meanings given. new text end

new text begin (b) "Surgical smoke" means the gaseous by-product produced by energy-generating devices including surgical plume, smoke plume, bio-aerosols, laser-generated airborne contaminants, or lung-damaging dust. new text end

new text begin (c) "Smoke evacuation system" means equipment that effectively captures and filters surgical smoke at the site of origin before the smoke makes contact with the eyes or the respiratory tract of occupants in the room. new text end

new text begin (d) "Health care employer" means a hospital as defined in section 144.50, subdivision 2, or an ambulatory surgical facility or outpatient surgical center as defined in section 144.55, subdivision 2, paragraph (b). new text end

new text begin Surgical smoke evacuation system policies required. new text end

new text begin A health care employer shall adopt and implement policies to prevent exposure to surgical smoke by requiring the use of a smoke evacuation system during any surgical procedure that is likely to generate surgical smoke. new text end

new text begin Enforcement. new text end

new text begin This section shall be enforced by the commissioner under sections 182.66 and 182.661. A violation of this section is subject to the penalties provided under section 182.666. new text end

new text begin Minnesota Rules, part 5200.0080, subpart 7, new text end new text begin is repealed. new text end

Presented to the governor May 16, 2024

Signed by the governor May 17, 2024, 4:27 p.m.

Official Publication of the State of Minnesota Revisor of Statutes