Subdivision 1. Restriction on mandatory retirement age. (a) It is unlawful for any private sector employer to refuse to hire or employ, or to discharge, dismiss, reduce in grade or position, or demote any individual on the grounds that the individual has reached an age of less than 70, except in cases where federal statutes or rules or other state statutes, not including special laws compel or specifically authorize such action. Nothing in this section shall prohibit compulsory retirement of employees who have attained 70 years of age or more; provided further that nothing in this section shall prohibit compulsory retirement of an employee who has attained at least 65 years of age and who for the two-year period immediately before retirement is employed in an executive or a high policy-making position if that employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit sharing, savings or deferred compensation plan of an employer, or any combination of these benefits which totals in the aggregate at least $27,000. If the retirement benefit is in a form other than a straight life annuity, the equivalent annualized payment value of the benefit shall be actuarially determined according to rules promulgated by the commissioner of labor and industry. Pilots and flight crew members shall not be subject to the provisions of this section or section 363A.20, subdivision 9, but shall be retired from this employment pursuant to standards contained in regulations promulgated by the Federal Aviation Administration for airline pilots and flight officers and are subject to the bona fide occupational requirements for these employees as promulgated by the Federal Aviation Administration.
(b) Every employer shall post in a conspicuous place a notice written or approved by the commissioner of labor and industry stating that the mandatory retirement age is age 70. Employment shall continue for as long as the employee desires or until the employer demonstrates that the employee no longer can meet the bona fide requirements, consistently applied, for the job or position or until the employee reaches the compulsory retirement age established by the employer. When an employer intends to terminate an employee who is 65 years of age or older earlier than age 70 on the ground that the employee no longer can meet the bona fide requirements for the job or position the employer shall give the employee 30 days' notice of that intention.
(c) If there exists a date on which the accrual of pension benefits or credits, or the contributions therefor by the employee or the employer, or the employee's employment related health and welfare benefits or insurance coverages are diminished or eliminated by virtue of the employee attaining a certain age, the employer shall notify the employee of the changes at least 90 but not more than 120 days prior to the effective date of the change. This section, in and of itself, shall not be construed to require any change in the employer contribution levels of any pension or retirement plan, or to require any employer to increase an employer's or employee's payments for the provision of insurance benefits contained in any employee benefit or insurance plan.
(d) The definitions of "employer" and "employee" in section 363A.03 apply to this section.
Subd. 2. Advice; actions. (a) The commissioner of labor and industry shall advise any inquiring parties, employee or employer, of their rights and duties under this section and to the extent practicable their rights and duties under any applicable provisions of law governing retirement or other benefits. Further, the commissioner may attempt to conciliate any disputes between employees and employers over the application of or alleged violations of this section.
(b) Any party aggrieved by a violation of this section may bring suit for redress in the district court wherein the violation occurred or in the district court wherein the employer is located. If a violation is found the court in granting relief may enjoin further violations and may include in its award reinstatement or compensation for any period of unemployment resulting from the violation together with actual and reasonable attorney fees, and other costs incurred by the plaintiff.
(c) When an action is commenced alleging a violation of this section the plaintiff may in the same action allege a violation of chapter 363A, and seek relief under that chapter if all the procedural requirements of chapter 363A have been met. Alternatively, when a charge is filed or an action commenced alleging a violation of chapter 363A, the plaintiff may in the same action allege a violation of this section and seek relief under this section. In either case, when determining whether or not a violation of chapter 363A, has occurred the court shall incorporate the substantive requirements of this section into any duties and rights specified by chapter 363A.
1978 c 649 s 2; 1979 c 40 s 3; 1986 c 444; 1987 c 282 s 1; 1987 c 284 art 2 s 3; 2003 c 46 s 1
Structure Minnesota Statutes
Chapters 175 - 186 — Labor, Industry
Section 181.01 — Wages Of Minors; To Whom Paid.
Section 181.02 — Salary Or Wages Not To Be Paid By Nonnegotiable Instruments.
Section 181.03 — Certain Acts Relating To Payment Of Wages Unlawful.
Section 181.031 — Employers Not To Accept Consideration For Securing Employment.
Section 181.032 — Required Statement Of Earnings By Employer; Notice To Employee.
Section 181.04 — Assignment, Sale, Or Transfer Of Wages; When Not Effective.
Section 181.041 — Garnishment; Assignment, Sale, Or Transfer Of Wages; When Not Effective.
Section 181.05 — Consent Of Employer To Assignment Required.
Section 181.06 — Assignment Of Wages; Payroll Deductions.
Section 181.063 — Assignment Of Wages, Public Employees.
Section 181.07 — Assignment Of Unearned Wages As Security.
Section 181.08 — Public Service Corporations; Payment Of Wages, Requirements.
Section 181.09 — Recovery Of Wages, Costs.
Section 181.10 — Wages Paid Every 15 Days.
Section 181.101 — Wages; How Often Paid.
Section 181.11 — Discharged Employee Must Be Paid Within 24 Hours.
Section 181.13 — Penalty For Failure To Pay Wages Promptly.
Section 181.14 — Payment To Employees Who Quit Or Resign; Settlement Of Disputes.
Section 181.145 — Prompt Payment Of Commissions To Commission Salespeople.
Section 181.15 — When Employee Not Entitled To Benefits.
Section 181.16 — Construction Of Sections 181.13 To 181.171.
Section 181.171 — Court Actions; Private Party Civil Actions.
Section 181.172 — Wage Disclosure Protection.
Section 181.1721 — Attorney General Enforcement.
Section 181.275 — Regulating Nurses' Overtime.
Section 181.52 — Interference With Employment.
Section 181.53 — Conditions Precedent To Employment Not Required.
Section 181.535 — Armed Forces Reserves Or National Guard Status.
Section 181.54 — Commissioner Of Human Services, Safety Inspection Work.
Section 181.55 — Written Statement To Employees By Employers.
Section 181.56 — No Statement Given; Burden Of Proof.
Section 181.57 — Application Of Sections 181.55 And 181.56.
Section 181.58 — Surviving Spouse Paid Wages Due.
Section 181.59 — Discrimination On Account Of Race, Creed, Or Color Prohibited In Contract.
Section 181.61 — Medical Examination; Records, Costs.
Section 181.63 — Sale Or Use Of Silicate, Silica Dust, Or Silicon Flour For Certain Purposes.
Section 181.635 — Recruitment; Food Processing Employment.
Section 181.64 — False Statements As Inducement To Entering Employment.
Section 181.645 — Expenses For Background Checks, Testing, And Orientation.
Section 181.66 — Equal Pay For Equal Work Law; Definitions.
Section 181.67 — Wage Discrimination Based On Sex; Protection Of Employees Involved In Proceeding.
Section 181.68 — Actions; Limitations, Damages, Attorney Fees, Parties, Compromises.
Section 181.721 — Construction Bid Equity.
Section 181.722 — Misrepresentation Of Employment Relationship Prohibited.
Section 181.723 — Construction Contractors.
Section 181.73 — Migrant Labor; Health Insurance.
Section 181.74 — Failure Of Employer To Pay Benefits Or Wage Supplements, Penalty.
Section 181.75 — Polygraph Tests Of Employees Or Prospective Employees Prohibited.
Section 181.76 — Disclosure Of Lie Detector Tests Prohibited.
Section 181.78 — Agreements; Terms Relating To Inventions.
Section 181.79 — Wages Deductions For Faulty Workmanship, Loss, Theft, Or Damage.
Section 181.80 — Union Notice Of Injury Or Death.
Section 181.81 — Dismissal For Age; Prohibition; Exceptions; Remedies.
Section 181.82 — Benefits Based On Job Performance Prohibited.
Section 181.83 — Corn Detasselers; Termination Of Employment.
Section 181.84 — Corn Detasselers; Work Conditions.
Section 181.85 — Migrant Labor; Definitions.
Section 181.86 — Employment Statement.
Section 181.87 — Payment Terms.
Section 181.88 — Record Keeping.
Section 181.89 — Civil Actions.
Section 181.90 — Use Wagner-peyser System.
Section 181.91 — Preservation Of Existing Remedies.
Section 181.92 — Leaves For Adoptive Parents.
Section 181.93 — Notice To Employees And Applicants Of Bankruptcy.
Section 181.931 — Definitions.
Section 181.932 — Disclosure Of Information By Employees.
Section 181.933 — Notice Of Termination.
Section 181.934 — Employee Notice.
Section 181.935 — Individual Remedies; Penalty.
Section 181.937 — Reprisals For Failure To Contribute; Civil Action.
Section 181.938 — Nonwork Activities; Prohibited Employer Conduct.
Section 181.939 — Nursing Mothers, Lactating Employees, And Pregnancy Accommodations.
Section 181.940 — Definitions.
Section 181.941 — Pregnancy And Parenting Leave.
Section 181.9412 — School Conference And Activities Leave.
Section 181.9413 — Sick Leave Benefits; Care Of Relatives.
Section 181.942 — Reinstatement After Leave.
Section 181.943 — Relationship To Other Leave.
Section 181.9435 — Division; Investigations, Reports.
Section 181.9436 — Posting Of Law.
Section 181.944 — Individual Remedies.
Section 181.945 — Leave For Bone Marrow Donations.
Section 181.9456 — Leave For Organ Donation.
Section 181.9458 — Authorization For Blood Donation Leave.
Section 181.946 — Leave For Civil Air Patrol Service.
Section 181.948 — Leave To Attend Military Ceremonies.
Section 181.950 — Definitions.
Section 181.951 — Authorized Drug And Alcohol Testing.
Section 181.952 — Policy Contents; Prior Written Notice.
Section 181.953 — Reliability And Fairness Safeguards.
Section 181.954 — Privacy, Confidentiality, And Privilege Safeguards.
Section 181.955 — Construction.
Section 181.957 — Federal Preemption.
Section 181.960 — Definitions.
Section 181.961 — Review Of Personnel Record By Employee.
Section 181.962 — Removal Or Revision Of Information.
Section 181.963 — Use Of Omitted Personnel Record.
Section 181.9631 — Notice Of Employee Rights.
Section 181.964 — Retaliation Prohibited.
Section 181.9641 — Enforcement.
Section 181.966 — Additional Right Of Access To Records.
Section 181.967 — Employment References.
Section 181.970 — Employee Indemnification.
Section 181.9731 — Public Safety Peer Counseling.
Section 181.9732 — Critical Incident Stress Management.
Section 181.974 — Genetic Testing In Employment.