§ 177.28 — Power to Make Rules
Plain-Language Summary
The Commissioner of Labor and Industry has authority to adopt rules to carry out Minnesota's Fair Labor Standards Act and prevent its evasion. The commissioner must adopt rules on specific topics including outside sales, allowances for board and lodging, bonuses, part-time rates, and special pay. The commissioner may also set subminimum wage rates for workers with disabilities under permits.
177.28 POWER TO MAKE RULES.
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Subdivision 1.General authority.
The commissioner may adopt rules, including definitions of terms, to carry out the purposes of sections 177.21 to 177.44, to prevent the circumvention or evasion of those sections, and to safeguard the minimum wage and overtime rates established by sections 177.24 and 177.25. §
Subd. 2.
[Repealed, 1988 c 629 s 64] §
Subd. 3.Rules required.
The commissioner shall adopt rules under sections 177.21 to 177.35 defining and governing:
(1) salespeople who conduct no more than 20 percent of their sales on the premises of the employer;
(2) allowances as part of the wage rates for board, lodging, and other facilities or services furnished by the employer and used by the employees;
(3) bonuses;
(4) part-time rates;
(5) special pay for special or extra work;
(6) procedures in contested cases;
(7) other facilities or services furnished by employers and used by employees; and
(8) other special items usual in a particular employer-employee relationship. §
Subd. 4.
[Repealed, 1996 c 305 art 1 s 52] §
Subd. 5.Rules regarding people with disabilities.
In order to prevent curtailment of opportunities for employment, avoid undue hardship, and safeguard the minimum wage rates under sections 177.24 and 177.25, the department shall also issue rules providing for the employment of disabled workers at wages lower than the wage rates applicable under sections 177.24 and 177.25, under permits and for periods of time as specified therein. The rules must provide for the employment of learners and apprentices at wages lower than the wage rates applicable under sections 177.24 and 177.25, under permits and subject to limitations on number, proportion, length of learning period, occupations, and other conditions as the department may prescribe. The rules must provide that where a disabled person is performing or is being considered for employment where work must be performed which is equal to work performed by a nondisabled person, the disabled person must be paid the same wage as a nondisabled person with similar experience and skill. §
Subd. 6.Administrative Procedure Act to apply.
The rules are subject to the provisions of chapter 14.
History:
1973 c 721 s 8; 1976 c 165 s 2; 1977 c 369 s 3; 1982 c 424 s 50; 1984 c 628 art 4 s 1; 1984 c 636 s 1; 1Sp1985 c 13 s 280; 1986 c 444; 2005 c 56 s 1; 2007 c 135 art 3 s 9
History: History: 1973 c 721 s 8; 1976 c 165 s 2; 1977 c 369 s 3; 1982 c 424 s 50; 1984 c 628 art 4 s 1; 1984 c 636 s 1; 1Sp1985 c 13 s 280; 1986 c 444; 2005 c 56 s 1; 2007 c 135 art 3 s 9