Minnesota 2025-2026 Regular Session

Minnesota House Bill HF5104

Introduced
5/4/26  

Caption

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.

Impact

If enacted, HF5104 will significantly change the employment landscape for incarcerated persons in Minnesota. By recognizing them as employees, these individuals could receive various benefits that come with employment status such as fair wages, workplace protections, and the right to organize. The bill is positioned to improve labor conditions and safety for inmates engaged in work within correctional facilities, potentially leading to better rehabilitation outcomes and lower recidivism rates by providing skills and experience that may aid in reintegration into society upon release.

Summary

House File 5104 (HF5104) is a legislative proposal aimed at modifying the definition of 'employee' within the context of the Minnesota Fair Labor Standards Act, specifically to include incarcerated individuals. The bill seeks to extend various labor rights and protections, including whistleblower protections, to those individuals working within correctional facilities. Additionally, HF5104 proposes amendments to the Public Employee Labor Relations Act and the Occupational Safety and Health Act of 1973 to explicitly account for the rights of incarcerated workers, effectively reclassifying them as employees eligible for these legal protections.

Contention

The proposed changes have sparked debates regarding the ethical implications of treating incarcerated individuals as employees in the traditional sense. Supporters argue that this reclassification is a necessary step toward justice and equity, effectively addressing the exploitation of prisoner labor. Conversely, critics may contend that this could lead to further institutionalization of exploitative conditions under the guise of providing rights and protections, questioning whether such laws could inadvertently normalize the commodification of prisoner labor without sufficient oversight or benefit to the inmates themselves.

Companion Bills

MN SF5277

Similar To Definition of employee modification under the Minnesota Fair Labor Standards Act and whistleblower protections to explicitly include incarcerated people

Previously Filed As

MN HF23

Whistleblower definitions provided, and whistleblower protections for public employees modified.

MN SF475

Whistleblower protections for public employees modifications

MN HB4326

Labor: fair employment practices; whistleblower protection; modify to include employees reporting to the state employee ombudsman or the press. Amends secs. 1, 2 & 3 of 1980 PA 469 (MCL 15.361 et seq.). TIE BAR WITH: HB 4316'25

MN HF4569

Definition of "seasonal employee" under the Minnesota Paid Leave Law modified.

MN HF3218

E-learning day requirements modified, and terms and conditions of employment for school employees modified.

MN HF1862

Statewide Office of Appellate Counsel and Training and State Board organization modified, and salary and employment terms of attorneys and other employees modified.

MN HB05477

An Act Concerning The Well-being Of Employees Of The Department Of Correction And Persons Who Are Incarcerated In Correctional Institutions.

MN HB4323

Labor: fair employment practices; whistleblowers' protection act; modify definition of employee and protected activities. Amends title & secs. 1, 2, 3 & 5 of 1980 PA 469 (MCL 15.361 et seq.) & adds sec. 4a.

MN A06759

Establishes a correctional employee protective labor practices board to make recommendations regarding labor practices and working conditions for correctional employees, and institutional safety of both correctional employees and incarcerated individuals.

MN S06620

Establishes a correctional employee protective labor practices board to make recommendations regarding labor practices and working conditions for correctional employees, and institutional safety of both correctional employees and incarcerated individuals.

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