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HF 5104

Definition of employee under the Minnesota Fair Labor Standards Act modified and whistle blower protections modified to explicitly include incarcerated people, Public Employee Labor Relations Act and Occupational Safety and Health Act of 1973 modified to include incarcerated persons, and inmates in state correctional institutions reclassified as employees.

2025-2026 Regular Session Introduced by Cedrick Frazier

Inmates in Minnesota state facilities would be classified as employees for labor, safety, and whistleblower protections under MFLSA, OSHA, and PELRA.

Introduction and first reading, referred to Workforce, Labor, and Economic Development Finance and Policy
#correctionsandcorrectionsdepartment #labor #employment #andlaborandindustrydepartment
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Bill Summary · HF 5104

Summary of HF 5104 (2025-2026) – Minnesota

Purpose and Intent

HF 5104 proposes to redefine certain relationships and protections related to work within Minnesota. The bill changes the classification of inmates in state correctional institutions by treating them as employees for the purposes of key labor and workplace protection laws. It also expands whistleblower protections to explicitly cover incarcerated individuals. The overall aim appears to align inmate labor conditions more closely with state labor and safety standards, and to extend protections to incarcerated persons who report workplace concerns.

Key Provisions

  1. Definition of “employee” under the Minnesota Fair Labor Standards Act (MFLSA)

    • Modifies the definition to explicitly include inmates in state correctional institutions when they perform work.
    • Reframes the status of incarcerated people as employees under MFLSA for purposes of wages, hours, and related labor standards.

  2. Whistleblower protections (expanded)

    • Extends whistleblower protections to explicitly include incarcerated persons.
    • Provides protection for inmates who report violations or unsafe conditions without retaliation.

  3. Public Employee Labor Relations Act (PELRA)

    • Modifies PELRA to include incarcerated persons (inmates) within its scope.
    • Addresses bargaining, representation, and labor relations considerations for inmate workers.

  4. Occupational Safety and Health Act of 1973 (OSHA) modifications

    • Extends OSHA protections and applicability to incarcerated individuals working in state facilities.
    • Ensures safety and health standards apply to inmate labor environments.

  5. Inmates reclassified as employees

    • Reclassifies inmates in state correctional facilities as employees for the purposes of the above statutes.
    • Implications for compensation, workplace rights, and compliance with labor and safety standards.

Affected Parties

  • Incarcerated persons / inmates in Minnesota state correctional facilities:

    • Would be recognized as employees under MFLSA and covered by related protections and labor standards.
    • Eligible for whistleblower protections specific to reporting workplace concerns.

  • State correctional institutions and agencies administering inmate labor programs:

    • Required to comply with MFLSA wage and hour standards, OSHA safety and health requirements, and PELRA-related labor relations provisions with respect to inmate workers.

  • Public sector employers and labor relations bodies in Minnesota:

    • May need to engage in labor relations processes involving inmate workers and adhere to expanded protections.

Procedural and Timeline Aspects

  • Introduction and first reading (2026-05-04):

    • Bill introduced and referred to committees: Workforce, Labor, and Economic Development Finance and Policy.
    • Likely to undergo committee hearings, potential amendments, and votes before floor action.

  • Sponsors:

    • Primary sponsor listed with a co-sponsor: Cedrick Frazier.

Potential Impacts and Considerations

  • Wages and compensation: Reclassification as employees could affect wage standards, overtime, and payroll practices for inmate labor programs.
  • Workplace protections: Inmates would gain access to whistleblower protections and OSHA safety standards, potentially improving safety and reporting mechanisms.
  • Labor relations: Inclusion under PELRA could influence collective bargaining dynamics or representation processes related to inmate workers.
  • Budget and administration: Agencies may need to adjust compliance, auditing, and enforcement mechanisms to align with MFLSA, OSHA, and PELRA requirements for inmate labor.

Notes

  • The current text provided reflects the bill’s stated intent and principal provisions; the exact statutory language, definitions, exceptions, and any transition provisions would be detailed in the bill’s actual language as debated in committee and on the floor.
  • As of the latest action, the bill is at the introductory stage and subject to further committee review and potential amendments.

Compiled from official sources — confirm details with the bill’s official record.

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