Section 181A.12 - [Effective 8/1/2024] PENALTIESSubdivision 1.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 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 up to the amounts as follows for each violation: | (1) | employment of minors under the age of 14 (each employee) | | $ 500 | |
| (2) | employment of minors under the age of 16 during school hours while school is in session (each employee) | | 500 | |
| (3) | employment of minors under the age of 16 before 7:00 a.m. (each employee) | | 500 | |
| (4) | employment of minors under the age of 16 after 9:00 p.m. (each employee) | | 500 | |
| (5) | employment of a high school student under the age of 18 in violation of section 181A.04, subdivision 6 (each employee) | | 1,000 | |
| (6) | employment of minors under the age of 16 over eight hours a day (each employee) | | 500 | |
| (7) | employment of minors under the age of 16 over 40 hours a week (each employee) | | 500 | |
| (8) | employment of minors under the age of 18 in occupations hazardous or detrimental to their well-being as defined by rule (each employee) | | 1,000 | |
| (9) | employment of minors under the age of 16 in occupations hazardous or detrimental to their well-being as defined by rule (each employee) | | 1,000 | |
| (10) | minors under the age of 18 injured in hazardous employment (each employee) | | 5,000 | |
| (11) | minors employed without proof of age (each employee) | | 250 | |
(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.(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.Subd. 2.Misdemeanor.An employer or other person violating any provision of sections 181A.01 to 181A.12 excluding section 181A.04, subdivision 6, or any rules issued pursuant thereto or assisting another in such violation is guilty of a misdemeanor.
Subd. 3.Gross misdemeanor.An employer who engages in repeated violations of sections 181A.01 to 181A.12 excluding section 181A.04, subdivision 6, is also guilty of a gross misdemeanor. An employer who engages in a single violation of sections 181A.01 to 181A.12 excluding section 181A.04, subdivision 6, is guilty of a gross misdemeanor if the violation results in the death of the minor or substantial bodily harm to the minor. For purposes of this subdivision, "substantial bodily harm" has the meaning given in section 609.02, subdivision 7a.
Subd. 4. Liquidated damages. 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.Subd. 5. Retaliation. 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 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. 1974 c 432 s 12; 1983 c 301 s 154; 1984 c 608 s 2; 1985 c 248 s 70; 1Sp1985 c 13 s 295; 1986 c 444; 1993 c 261 s 2; 2000 c 488 art 2 s 10
Amended by 2024 Minn. Laws, ch. 110,s 2-15, eff. 8/1/2024.Amended by 2024 Minn. Laws, ch. 110,s 2-14, eff. 8/1/2024.Amended by 2024 Minn. Laws, ch. 110,s 2-13, eff. 8/1/2024.This section is set out more than once due to postponed, multiple, or conflicting amendments.