Regulon — MN-SF-4686 · MN SF 4686 (Electronic Monitoring in Employment)

WHAT THIS BILL REGULATES · 5 REQUIREMENT TYPES

How Is This Bill Enforced

Enforcement Authority

Commissioner of Labor and Industry has primary enforcement authority, including investigating alleged violations, ordering temporary relief, issuing citations, and filing civil actions. The Attorney General may also bring civil actions under section 8.31. Private right of action available to a worker aggrieved by a violation, or the worker's exclusive representative. Joint and several liability applies to employers and labor contractors or vendors engaged by the employer.

Private Right of Action

Private right of action available to a worker aggrieved by a violation, or the worker's exclusive representative.

Penalties

Two-tier civil penalty structure: up to $1,000 per violation per day per affected worker for notice violations (§§ 181.9932, 181.9935); up to $2,500 per violation per day per affected worker for substantive violations (§§ 181.9933, 181.9934, 181.9936, 181.9937), with each use of an electronic monitoring tool constituting a separate violation under § 181.9934. In civil actions, any and all damages recoverable at law, including punitive damages, injunctive and other equitable relief, plus costs, disbursements, and reasonable attorney fees.

Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.

Statutory Text

Analysis & Obligations

Minn. Stat. § 181.9931

Definitions

(a)–(l) For the purposes of sections 181.9931 to 181.9938, the following terms have the meanings given. (b) "Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments. (c) "Authorized representative" means any person or organization appointed by the worker to serve as an agent of the worker. Authorized representative does not include a worker's employer. (d) "Automated decision system" means any computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is used to partially or fully replace human discretionary decision-making and materially impacts natural persons. An automated decision system does not include a spam email filter, a firewall, antivirus software, identity and access management tools, a calculator, a database, a dataset, or another compilation of data. (e) "Automated decision system output" means any information, data, assumptions, predictions, scoring, recommendations, decisions, or conclusions generated by an automated decision system. (f) "Electronic monitoring tool" means any system, application, or instrument that facilitates the collection of data concerning worker activities, communications, actions, biometrics, or behaviors by means other than direct observation by a person, including but not limited to video or audio surveillance, continuous incremental time-tracking tools, geolocation, electromagnetic tracking, or photoelectronic tracking, or that utilizes a photo-optical system or similar means. (g) "Employer" means any person who directly or indirectly, or through an agent, vendor, or any other person, employs or exercises control over the wages, benefits, other compensation, hours, working conditions, access to work or job opportunities, or other terms or conditions of employment, of any worker. Employer includes all units of state and local government but does not include the federal government. Employer includes a labor contractor or vendor of a person defined as an employer under this paragraph. (h) "Employment-related decision" means any decision by an employer that impacts wages, wage setting, benefits, compensation, work hours, work schedule, performance evaluation, hiring, recruitment, discipline, promotion, termination, job tasks, skill requirements, work responsibilities, assignment of work, access to work and training opportunities, productivity requirements, workplace health and safety, and any other terms or conditions of employment. For persons classified as independent contractors or for candidates for employment, an employment-related decision means the equivalent of these decisions based on the person's contract with or relationship to the employer. (i) "Essential job functions" means the fundamental duties of a position, as revealed by objective evidence such as the amount of time workers spend performing each function, the consequences of not requiring individuals to perform the function, the terms of any applicable collective bargaining agreement, workers' past and present work experiences and performance in the position, and the employer's reasonable, nondiscriminatory judgment of which functions are essential. Past and current written job descriptions and the employer's reasonable, nondiscriminatory judgment of which functions are essential is evidence of which functions are essential for achieving the purpose of the job, but must not be the sole basis for this determination absent the objective evidence described in this paragraph. (j) "Vendor" means a third party, subcontractor, or entity engaged by an employer or an employer's labor contractors to provide software, technology, or a related service that is used to collect, store, analyze, or interpret worker data or worker information. (k) "Worker" means any natural person who is a job applicant to, an employee of, or an independent contractor providing service to or through an employer. (l) "Worker data" means any information that identifies, relates to, describes, or is reasonably capable of being associated or directly or indirectly linked with a worker, regardless of how the information is collected, inferred, or obtained.

This section establishes the defined terms that govern the scope of the entire bill. The definitions are notably broad: electronic monitoring tool encompasses any non-human-observation surveillance system, including video, audio, geolocation, and biometric tracking. Worker covers employees, independent contractors, and job applicants. Worker data is defined expansively to include biometric information, health data, communications, device usage, and automated decision system outputs linked to a worker. Employer includes state and local government but excludes the federal government, and extends to labor contractors and vendors.

Minn. Stat. § 181.9932

Pre-use notice

Deployer

Subd. 1(a)–(d) 1 Subdivision 1. Pre-use notice; provision. (a) An employer must provide a written notice that an electronic monitoring tool is in use at the workplace to a worker who will be directly or indirectly affected by the electronic monitoring tool, or the worker's authorized representative, and to any union representing workers who could be directly or indirectly affected by the electronic monitoring tool. (b) The notice in paragraph (a) must be provided: (1) if the electronic monitoring tool is introduced after the effective date of this section, at least 30 days before the introduction of the electronic monitoring tool; (2) if the employer is using an existing electronic monitoring tool as of the effective date of this section, no later than September 1, 2026; (3) prominently to a job applicant or new worker, before the employer collects the applicant's or worker's personal information that the employer plans to process using the electronic monitoring tool; (4) at least 30 days before implementing any significant change to the electronic monitoring tool or how the employer is using the electronic monitoring tool; and (5) to a union representing workers who will be subject to the electronic monitoring tool, on a timeline that provides a meaningful opportunity to bargain over the use, scope, and impact of the electronic monitoring tool prior to deployment or modification of the tool. (c) Every time an employer provides a notice under paragraph (a), a copy of that notice must be submitted to the commissioner of labor and industry within ten days of the date the notice was provided to the worker. Copies of notices under paragraph (a) must also be made available to authorized representatives upon request. (d) Notices under paragraph (a) must be: (1) written in plain language as a separate and standalone communication; (2) in the language in which routine communications and other information are provided to workers; and (3) provided by a simple and easy-to-use method, including an email, hyperlink, or other written format.

Subd. 1(e) 2 A job applicant or worker must receive the notice required under this section and respond with affirmative written consent before the worker is subject to an electronic monitoring tool.

Subd. 1(f) 3 If reasonable alternatives to the use of the electronic monitoring tool exist, the worker must be allowed to opt out of being subject to the electronic monitoring tool.

Subd. 2 1 Subd. 2. Pre-use notice; contents. The notice required under subdivision 1, paragraph (a), must contain the following information: (1) a detailed description of the worker data to be collected by the electronic monitoring tool; (2) the specific purpose of the electronic monitoring tool, how this form of monitoring is necessary to meet that purpose, and an explanation of why this form is the least invasive means of accomplishing this purpose; (3) a description of the specific activities, locations, communications, and job titles that will be electronically monitored and the technologies that will be used; (4) the frequency of electronic monitoring and worker data collection; (5) a description of where, how, and for how long worker data will be stored; (6) the names of any vendors conducting electronic monitoring on the employer's behalf; (7) who is authorized to access the worker data gathered and under what condition access is authorized, including the names of vendors and labor contractors; (8) whether and how any worker data collected by the electronic monitoring tool will be used as an input into an automated decision system; (9) whether and how any worker data collected by electronic monitoring will, either alone or in conjunction with an automated decision system, be used to make an employment-related decision by the employer and, if so, the nature of that decision; (10) whether and how any worker data collected by the electronic monitoring tool will be used to assess workers' productivity performance or to set productivity standards; (11) an up-to-date list of all electronic monitoring tools the employer is currently using; and (12) a description of the worker's rights under sections 181.9932 to 181.9938.

This section imposes a detailed pre-deployment notice regime on employers before activating electronic monitoring tools. Employers must provide written notice to affected workers, their authorized representatives, and any applicable union — at least 30 days before introducing a new tool, by September 1, 2026, for existing tools, and before collecting personal information from new workers or applicants. Union notice must be provided on a timeline that enables meaningful bargaining.

The notice must contain twelve enumerated categories of information, including the data collected, the purpose and necessity justification, whether data feeds into an automated decision system, and a description of worker rights. Workers must provide affirmative written consent before being subjected to monitoring, and employers must allow opt-out where reasonable alternatives exist. A copy of every notice must be filed with the Commissioner of Labor and Industry within ten days.

Compliance actions 3 items

Employers must provide workers, their authorized representatives, and any applicable union with a detailed written pre-use notice at least 30 days before deploying or significantly changing an electronic monitoring tool, containing twelve enumerated categories of information including the data collected, the purpose and necessity justification, whether data feeds automated decisions, and worker rights. A copy must be filed with the Commissioner of Labor and Industry within ten days.

H-01.3

Employers must obtain affirmative written consent from each worker or job applicant before subjecting them to an electronic monitoring tool.

D-01.8

Employers must allow workers to opt out of electronic monitoring when reasonable alternatives to the monitoring tool exist.

D-01.3

Minn. Stat. § 181.9933

Records

Deployer

Subd. 1(a)–(c) 4 Subdivision 1. Data records. (a) Employers must maintain records of data collected through an electronic monitoring tool for 36 months after the data's collection to ensure compliance with requests for data from workers or the commissioner of labor and industry. (b) Employers must destroy any worker data collected via an electronic monitoring tool no later than 37 months after collection unless the worker has provided written and informed consent to the retention of the worker's data by the employer. (c) Employers must protect the confidentiality, integrity, and accessibility of worker data using data security practices consistent with data and cyber privacy laws and appropriate to the volume and nature of the worker data collected.

Subd. 2(a)–(b) 5 Subd. 2. Record requests. (a) A worker has the right to request a copy of any of the worker's data collected through an electronic monitoring tool and any corroborating evidence used by a human reviewer. (b) An employer must provide copies of the data requested within seven days of receiving a worker's request.

Subd. 3(a)–(d) 6 Subd. 3. Record corrections. (a) A worker has the right to request corrections to worker data collected through an electronic monitoring tool and any corroborating evidence used by a human reviewer. (b) An employer that receives a request to correct any of the information in paragraph (a) must investigate and determine whether the disputed data is inaccurate. (c) If an employer determines that the disputed data is inaccurate, the employer must: (1) promptly correct the disputed data and inform the worker of the employer's decision and action; (2) review and adjust any employment-related decisions that were partially or solely based on the inaccurate data, and inform the worker of the adjustment; and (3) inform any third parties with which the employer shared the inaccurate data, or from which the employer received the inaccurate data, of the error and direct the third parties to correct the error. (d) If an employer, upon investigation, determines that the disputed data is accurate, the employer must inform the worker of: (1) the decision not to amend the disputed data; (2) the steps taken to verify the accuracy of the data; and (3) the evidence supporting the decision not to amend the disputed data.

This section imposes data retention, destruction, security, access, and correction obligations on employers using electronic monitoring tools. Employers must retain monitoring data for 36 months and destroy it by 37 months absent written worker consent. Workers have the right to request copies of their data (with a 7-day response window) and to request corrections to inaccurate data. When data is found inaccurate, the employer must correct it, adjust any employment decisions based on it, and notify third parties of the error.

Compliance actions 3 items

Employers must retain electronic monitoring data for 36 months, destroy it by 37 months absent written worker consent, protect its confidentiality and integrity using data security practices appropriate to the volume and nature of data collected, and maintain it in a form producible to workers and the Commissioner of Labor and Industry.

G-01.3

Employers must provide workers with a copy of all of their data collected through electronic monitoring tools, and any corroborating evidence used by a human reviewer, within seven days of receiving a request.

D-01.1

Employers must investigate worker requests to correct monitoring data, correct confirmed inaccuracies, adjust employment decisions based on inaccurate data, notify affected third parties, and — if the data is found accurate — explain to the worker the decision, the verification steps, and the supporting evidence.

D-01.2

Minn. Stat. § 181.9934

Employer requirements

Deployer

Subd. 1(a)–(b) 7 Subdivision 1. Use of electronic monitoring tools. (a) An employer may only use an electronic monitoring tool to collect worker data to: (1) ensure the quality of goods and services; (2) ensure or facilitate compliance with laws and regulations; and (3) protect the health, safety, or security of workers or the security of the employer's facilities or computer networks. (b) If the electronic monitoring tool is being used for an allowed purpose: (1) the employer must specify the intended purpose of the electronic monitoring tool; (2) the employer must only use the electronic monitoring tool for the purpose specified; (3) the type and activated capabilities of the electronic monitoring tool must be narrowly tailored to accomplish that purpose; and (4) the electronic monitoring tool must operate in a manner that is limited to the smallest number of workers possible, collects the least amount of data as is feasible, and collects data no more frequently than necessary for achieving that purpose.

Subd. 2(a) 8 Subd. 2. Prohibitions. (a) An employer is prohibited from using an electronic monitoring tool to: (1) prevent compliance with or cause a violation of any federal, state, or local law or regulation; (2) obtain or infer a worker's immigration status; veteran status; ancestral history; religious or political beliefs; health or reproductive status, history, or plan; emotional or psychological state; neural data; sexual or gender orientation; disability; criminal record; or credit history; (3) make predictions or inferences about a worker's behavior, beliefs, intentions, personality, emotional state, health, or other characteristics or behavior that are unrelated to the worker's essential job functions; (4) identify, predict, or take adverse action against a worker for exercising the worker's legal rights; (5) draw on facial, gait, or emotion recognition technologies; (6) monitor workers outside of regularly-scheduled work hours and not performing work-related tasks; (7) conduct audio or visual monitoring, including data collection on the frequency of use, of bathrooms or other similarly private areas, including locker rooms, changing areas, break rooms, smoking areas, worker cafeterias, lounges, areas designated for expressing breast milk, or areas designated for prayer or other religious activity; (8) monitor a worker's residence, a worker's personal vehicle, or property owned or leased by a worker; (9) threaten the health, welfare, safety, or legal rights of workers or the general public; or (10) collect data for a purpose that was not disclosed in the notice required by section 181.9932.

Subd. 2(b)–(c) 9 An employer must not require workers to: (1) physically implant devices that collect or transmit worker data, including devices that are installed subcutaneously or incorporated into items of personal clothing or personal accessories; (2) install applications that collect or transmit worker data on a worker's personal device; or (3) carry or use any device with location tracking applications or services enabled unless the location tracking is: (i) conducted during work hours only; (ii) strictly necessary to accomplish essential job functions; and (iii) narrowly limited to only the activities and times necessary to accomplish essential job functions. (c) An employer must not take any adverse action against a worker based on data from a continuous time-tracking tool, except in cases of egregious misconduct.

Subd. 3(a)–(c) 10 Subd. 3. Employment-related decisions. (a) An employer must not rely solely on an electronic monitoring tool when making an employment-related decision. (b) When an employer relies in part on an electronic monitoring tool in making an employment-related decision, the employer must: (1) ensure the accuracy of the worker data; and (2) use a designated internal reviewer to conduct an investigation and compile corroborating information for the decision. This information may include but is not limited to supervisory or managerial evaluations, personnel files, employee work products, or peer reviews. The designated internal reviewer must: (i) be granted sufficient authority, discretion, resources, and time to corroborate the worker data collected by the electronic monitoring tool; (ii) have sufficient expertise in the operation of similar systems, and a sufficient understanding of the electronic monitoring tool in question to interpret the tool's outputs as well as results of relevant impact assessments; (iii) have the education, training, or experience sufficient to allow the reviewer to make a well-informed decision, including education about the limitations and biases of electronic monitoring tools and training on workers' rights under sections 181.9932 to 181.9938; and (iv) be protected from retaliation for exercising the reviewer's responsibilities. (c) When an employer cannot corroborate the worker data collected by the electronic monitoring tool, or the human reviewer has concluded that the worker data collected by the electronic monitoring tool is inaccurate, incomplete, or misleading, the employer must not rely on the worker data to make the employment-related decision.

This section imposes the bill's core substantive restrictions on how employers may use electronic monitoring tools and automated decision systems. Subdivision 1 limits permissible purposes to three categories — quality assurance, legal compliance, and health/safety/security — and requires purpose specification, use limitation, and data minimization. Subdivision 2 enumerates ten prohibited uses of electronic monitoring, including facial and emotion recognition, off-hours monitoring, surveillance of private areas, and inference of sensitive personal attributes. Employers may not require implanted devices, personal-device apps, or location-tracking devices outside narrow conditions. Adverse action based solely on continuous time-tracking data is prohibited except for egregious misconduct.

Subdivision 3 requires human oversight of employment-related decisions: employers may not rely solely on electronic monitoring tool data, must use a qualified designated human reviewer to corroborate data, and must discard uncorroborated or unreliable data before making decisions.

Compliance actions 4 items

Employers may only use electronic monitoring tools for three enumerated purposes (quality assurance, legal compliance, and safety/security), must specify the intended purpose, limit use to that purpose, narrowly tailor the tool's capabilities, and minimize the scope of data collection and the number of workers monitored.

D-01.4

Employers must not use electronic monitoring tools to infer sensitive personal attributes (immigration status, religion, health, emotional state, neural data, sexual orientation, disability, credit history), make predictions unrelated to essential job functions, retaliate against workers exercising legal rights, draw on facial/gait/emotion recognition technologies, monitor workers outside work hours, surveil private areas (bathrooms, break rooms, prayer areas), monitor workers' residences or personal vehicles, threaten worker health or safety, or collect data for undisclosed purposes.

S-02

Employers must not require workers to physically implant data-collection devices, install monitoring applications on personal devices, or carry location-tracking devices unless the tracking is conducted during work hours only, strictly necessary for essential job functions, and narrowly limited. Employers must not take adverse action based solely on continuous time-tracking data except for egregious misconduct.

S-02

Employers must not rely solely on electronic monitoring tool data when making employment-related decisions and must use a qualified designated internal reviewer — with sufficient authority, expertise, training on monitoring tool biases and worker rights, and retaliation protection — to corroborate the data before acting. If the data cannot be corroborated or is found inaccurate, incomplete, or misleading, the employer must not rely on it.

H-01.6

Minn. Stat. § 181.9935

Post-use notice and right to access

Deployer

Subd. 1(a)–(c) 11 Subdivision 1. Notice. (a) An employer that has used worker data collected by an electronic monitoring tool to make an employment-related decision must provide the affected worker with a written notice: (1) at the time the employer informs the worker of the decision or no later than 15 business days from the date of the decision, whichever is earlier; or (2) if the decision will result in the discipline or termination of the worker, at least 30 days before the discipline or termination will take effect. (b) The notice in paragraph (a) must be: (1) written in plain language as a separate and standalone communication; (2) in the language in which routine communications and other information are provided to workers; and (3) provided by a simple and easy-to-use method, including an email, hyperlink, or other written format. (c) A notice under paragraph (a) must contain the following information: (1) an acknowledgment that the employer used worker data collected by an electronic monitoring tool to make one or more employment-related decisions with respect to the worker; (2) a description of the worker's rights under sections 181.9932 to 181.9938; (3) a form or a link to an electronic form for the worker to file an appeal or request detailed information about the worker data and the electronic monitoring tool used in the decision; and (4) that the employer is prohibited from retaliating against the worker for exercising the worker's rights under this section.

Subd. 2(a)–(c) 12 Subd. 2. Right to access. (a) When responding to a worker's access request, an employer must provide the following information to the worker: (1) a plain-language explanation of the specific decision for which the employer used the worker data collected by an electronic monitoring tool; (2) the specific electronic monitoring tool used to collect the worker data, how the tool gathers and analyzes the data, and the locations where and increments of time when the data is gathered; (3) a machine-readable copy of the worker data gathered through the electronic monitoring tool; (4) any additional information used in the decision-making process gathered through sources other than electronic monitoring, including any performance standards used, inferences about the worker made by automated decision systems, and aggregate benchmark data from other workers; and (5) the names of any vendors conducting electronic monitoring on the employer's behalf. (b) An employer must respond to an access request no later than 14 calendar days from the date the employer received the request. (c) A service provider, contractor, or vendor must provide full assistance to the employer in responding to a worker request for access, including any of that worker's data in the service provider's, contractor's, or vendor's possession, and any relevant information about the electronic monitoring tool.

This section requires employers to provide written post-decision notice to any worker whose monitoring data was used in an employment-related decision. For routine decisions, notice must be given at the time the worker is informed or within 15 business days. For discipline or termination, notice must be at least 30 days before the action takes effect. The notice must describe worker rights, include an appeal form, and disclose the anti-retaliation prohibition.

Workers also have a right to access detailed information about the decision — including a plain-language explanation, the specific monitoring tool used, a machine-readable copy of their data, any additional non-monitoring information used, and the names of monitoring vendors. Employers must respond within 14 calendar days. Vendors must fully assist employers in responding to access requests.

Compliance actions 2 items

Employers must provide workers with written post-decision notice when monitoring data was used in an employment-related decision — within 15 business days of the decision, or at least 30 days before discipline or termination takes effect. The notice must acknowledge use of monitoring data, describe worker rights, include an appeal form, and state the anti-retaliation prohibition.

H-01.1

Employers must, within 14 calendar days of a worker's access request, provide a plain-language explanation of the decision, identification of the monitoring tool and how it operates, a machine-readable copy of the worker's data, any additional information used in the decision (including automated inferences and benchmark data), and the names of monitoring vendors. Vendors must fully assist in responding.

H-01.1

Minn. Stat. § 181.9936

Right to appeal

Deployer

(a)–(f) 13 An employer that uses worker data collected through an electronic monitoring tool to make an employment-related decision must provide the affected worker with a form, or a link to an electronic form, to appeal the decision. (b) The appeal form provided to an affected worker must include: (1) the option to request access to the worker data used to make the decision; (2) the option to request access to any corroborating or supporting evidence provided by a human reviewer to verify the worker data collected through an electronic monitoring tool; (3) space for the worker's reason for an appeal and any evidence the worker has to support the appeal; and (4) information on how the worker can designate an authorized representative who can also access the data. (c) A worker must appeal the employment-related decision within 30 days of the date the worker was notified under section 181.9935 of the use of the automated decision system. (d) An employer must respond to a worker submitting an appeal form within five business days of receiving the form. To respond to an appeal, the employer must designate a human reviewer who: (1) will objectively evaluate all evidence; (2) has sufficient authority, discretion, and resources to evaluate the decision, including education about the limitations and biases of electronic monitoring tools and training on workers' rights under sections 181.9932 to 181.9938; (3) has the authority to overturn the employer's decision; and (4) was not involved in making the decision that the worker is appealing. (e) After reviewing the evidence, the human reviewer must produce a clearly written document describing the result of the appeal and the reasons for that result. This document must be provided to both the employer and the worker. (f) If the human reviewer determines that the employment-related decision should be overturned, the employer must rectify the decision within five business days of receiving the decision.

This section creates a structured appeal right for workers affected by employment-related decisions based on electronic monitoring data. Employers must provide an appeal form with options to access data and corroborating evidence, space for the worker's reasons and evidence, and information on authorized-representative designation. Workers must appeal within 30 days. Employers must respond within five business days by designating a qualified, independent human reviewer with authority to overturn the decision. The reviewer must produce a written decision provided to both parties, and if the decision is overturned the employer must rectify it within five business days.

Compliance actions 1 item

Employers must provide workers with a structured appeal form when monitoring data was used in an employment-related decision, respond within five business days by designating an independent, qualified human reviewer with authority to overturn the decision, produce a written decision with reasons, and rectify any overturned decision within five business days.

H-01.4

Minn. Stat. § 181.9937

Data sale and security

Deployer

(a)–(f) 14 An employer must not transfer, sell, or license worker data, including deidentified or aggregated data, to a vendor, subcontractor, or other third party, including another employer, unless: (1) the vendor is under contract to analyze or interpret the worker data and the contract prohibits the sale or licensing of the worker data; (2) the vendor implements reasonable security procedures to protect the worker data from unauthorized or illegal access, destruction, use, modification, or disclosure; and (3) the vendor agrees to be jointly and severally liable for worker data breaches. (b) An employer must not share worker data with the federal, state, or a local government unless required to do so by law. (c) An employer or vendor must keep worker data secure by preventing unauthorized access and implementing a security system with up-to-date safeguards in place. (d) Worker data collected by an employer or a vendor must be accessible only to authorized personnel. (e) If a data breach occurs, the employer must give notice to workers of the specific categories of data that were impacted as soon as possible. (f) A vendor must return to the worker and employer all worker data collected through electronic monitoring tools in a user-friendly format and delete any remaining copies of the worker data at the end of the vendor's contract with the employer.

This section restricts the transfer, sale, and licensing of worker data and imposes security requirements. Employers may only share data with vendors under contract that prohibits resale, requires reasonable security, and imposes joint and several liability for breaches. Government data-sharing is prohibited absent a legal requirement. Both employers and vendors must implement security systems, restrict access to authorized personnel, notify workers of breaches, and — at contract end — vendors must return all data and delete their copies.

Compliance actions 1 item

Employers must not transfer, sell, or license worker data (including deidentified or aggregated data) except to vendors under contract that prohibits resale, requires reasonable security, and imposes joint and several breach liability. Government sharing is prohibited absent a legal requirement. Employers and vendors must maintain data security, restrict access to authorized personnel, notify workers of breaches, and vendors must return all data and delete copies at contract end.

D-01.4

Minn. Stat. § 181.9938

Enforcement

Deployer

Subd. 1 15 Subdivision 1. Retaliation. An employer must not discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against any worker for using or attempting to use the worker's rights under this section and sections 181.9932 to 181.9937, including but not limited to filing a complaint with the commissioner of labor and industry, alleging a violation, cooperating in an investigation or prosecution of an alleged violation, taking any action to invoke or assist in enforcing these rights, or exercising or attempting to exercise any of these rights.

Subd. 2(a)–(c) Subd. 2. Enforcement. (a) The commissioner of labor and industry must enforce this section and sections 181.9932 to 181.9937, including investigating alleged violations, ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing, issuing citations against employers, and filing civil actions. (b) An employer who violates this section or sections 181.9932 to 181.9937 may be liable to the plaintiff in a civil action for any and all damages recoverable at law, including punitive damages, and injunctive and other equitable relief as determined by the court, together with costs and disbursements, including reasonable attorney fees. (c) A civil action under this section may be brought in a district court of competent jurisdiction by: (1) the commissioner of labor and industry; (2) the attorney general under section 8.31; or (3) a worker aggrieved by the violation, or the worker's exclusive representative.

Subd. 3(a)–(c) Subd. 3. Civil penalties. (a) An employer who violates section 181.9932 or section 181.9935 is subject to a civil penalty of up to $1,000 per violation to be deposited in the workforce development fund. Each day a worker is affected constitutes a separate violation. (b) An employer who violates section 181.9933, 181.9934, 181.9936, or 181.9937 is subject to a civil penalty of up to $2,500 per violation to be deposited in the workforce development fund. Each day a worker is affected constitutes a separate violation. Under section 181.9934, each use of an electronic monitoring tool constitutes a separate violation. (c) In determining the penalty amount for a violation listed under this subdivision, the commissioner must consider the size of the employer and the severity of the violation.

Subd. 4 Subd. 4. Joint and several liability. Each employer and labor contractor or vendor engaged by an employer to provide services is jointly and severally liable for any violation of this section or sections 181.9932 to 181.9937.

Subd. 5 Subd. 5. Preemption. This section does not preempt any city, county, or city and county ordinance that provides equal or greater protection to workers who are covered by this section and sections 181.9932 to 181.9937.

Subd. 6 Subd. 6. Model notice. The commissioner of labor and industry must create and publish on the department's website model language that employers may use for the notices and appeal form required under sections 181.9932 and 181.9935.

This section establishes the bill's enforcement framework across six subdivisions. It prohibits retaliation against workers exercising their rights, grants enforcement authority to the Commissioner of Labor and Industry (with investigation, citation, and civil-action powers) and the Attorney General. Aggrieved workers have a private right of action for all damages recoverable at law including punitive damages, injunctive relief, and attorney fees. A two-tier civil penalty structure applies: up to $1,000 per violation per day for notice violations and up to $2,500 per violation per day for substantive violations. Joint and several liability extends to employers, labor contractors, and vendors. The section expressly does not preempt stronger local ordinances. The Commissioner must publish model notice language.

Compliance actions 1 item

Employers must not discharge, demote, suspend, or otherwise retaliate against any worker for exercising or attempting to exercise rights under this chapter, including filing complaints, cooperating in investigations, or taking any action to enforce these rights.

G-03.3

Minn. Stat. § 181.9938 (Effective Date)

Effective date

Sections 1 to 8 are effective January 1, 2027.

All substantive sections of the bill (Sections 1 through 8) take effect on January 1, 2027.

Safety Harmful content prevention · self-harm escalation

2 items

S-02