Subdivision 1. Prohibited action. An employer shall not discharge, discipline, threaten, otherwise discriminate against, or penalize an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because:
(1) the employee, or a person acting on behalf of an employee, in good faith, reports a violation, suspected violation, or planned violation of any federal or state law or common law or rule adopted pursuant to law to an employer or to any governmental body or law enforcement official;
(2) the employee is requested by a public body or office to participate in an investigation, hearing, inquiry;
(3) the employee refuses an employer's order to perform an action that the employee has an objective basis in fact to believe violates any state or federal law or rule or regulation adopted pursuant to law, and the employee informs the employer that the order is being refused for that reason;
(4) the employee, in good faith, reports a situation in which the quality of health care services provided by a health care facility, organization, or health care provider violates a standard established by federal or state law or a professionally recognized national clinical or ethical standard and potentially places the public at risk of harm;
(5) a public employee communicates the findings of a scientific or technical study that the employee, in good faith, believes to be truthful and accurate, including reports to a governmental body or law enforcement official; or
(6) an employee in the classified service of state government communicates information that the employee, in good faith, believes to be truthful and accurate, and that relates to state services, including the financing of state services, to:
(i) a legislator or the legislative auditor; or
(ii) a constitutional officer.
The disclosures protected pursuant to this section do not authorize the disclosure of data otherwise protected by law.
[See Note.]
Subd. 2. Disclosure of identity. The identity of any employee making a report to a governmental body or law enforcement official under subdivision 1, clause (1) or (4), is private data on individuals as defined in section 13.02. The identity of an employee providing information under subdivision 1, clause (2), is private data on individuals if:
(1) the employee would not have provided the information without an assurance that the employee's identity would remain private, because of a concern that the employer would commit an action prohibited under subdivision 1 or that the employee would be subject to some other form of retaliation; or
(2) the state agency, statewide system, or political subdivision reasonably believes that the employee would not have provided the data because of that concern.
If the disclosure is necessary for prosecution, the identity of the employee may be disclosed but the employee shall be informed prior to the disclosure.
Subd. 3. False disclosures. This section does not permit an employee to make statements or disclosures knowing that they are false or that they are in reckless disregard of the truth.
Subd. 4. Collective bargaining rights. This section does not diminish or impair the rights of a person under any collective bargaining agreement.
Subd. 5. Confidential information. This section does not permit disclosures that would violate federal or state law or diminish or impair the rights of any person to the continued protection of confidentiality of communications provided by common law.
History: 1987 c 76 s 2; 1988 c 659 s 2; 1997 c 237 s 16; 1999 c 227 s 14; 2007 c 135 art 3 s 16; 2013 c 83 s 4
NOTE: Subdivision 1, paragraph (a) (renumbered clause (1)), was found preempted by the federal Employee Retirement Income Security Act (ERISA) as applied to claims resulting from reporting violations of ERISA in McLean v. Carlson Companies, Inc., 777 F.Supp. 1480 (D. Minn. 1991).
NOTE: Subdivision 1, paragraphs (a) and (c) (renumbered clauses (1) and (3)), were found preempted by the federal Airline Deregulation Act to the extent that they relate to air carrier routes and services in Botz v. Omni Air Int'l, 286 F.3d 488 (8th Cir. 2002).
NOTE: Subdivision 1, paragraph (a) (renumbered clause (1)), was found preempted by the federal Airline Deregulation Act to the extent that it relates to air carrier service in Regner v. Northwest Airlines, Inc., 652 N.W.2d 557 (Minn. Ct. App. 2002).
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.