UNEMPLOYMENT INSURANCE LAW
Prepared by:
Jessica L. Webster, Policy Advocate
Legal Services Advocacy Project
651-222-3749, ext. 102
jlwebster@mnlsap.org

I. ADMINISTRATIVE PENALTY FOR EMPLOYERS
Chapter 347, Article 2, Section 21 (SF 2510)
Amends Minn. Stat. § 268.184, subd. 1
Effective August 1, 2010

Requires DEED to administratively penalize any employer who attempts to prevent an applicant from receiving unemployment insurance (UI) benefits by making an offer of employment when no employment was available.

II. CUSTOMER SERVICE

A. Improvement
Chapter 347, Article 1, Section 29 (SF 2510)
Effective May 15, 2010 and expires August 31, 2011

1. "Seamless Assistance"
Requires DEED to consult with Workforce Service Area staff to implement procedures to ensure that unemployed Minnesotans visiting workforce centers are provided "seamless assistance" in applying for UI benefits, accessing resources, searching for jobs, and accessing training opportunities.

2. Report
Requires DEED - by September 1, 2010 and on January 15, 2011 - to report to the appropriate legislative committees on actions taken and results.

B. Telephone Number
Chapter 347, Article 2, Section 18 (SF 2510)
Amends Minn. Stat. § 268.101
Effective October 3, 2010

Requires every denial of UI benefits to include a prominently displayed telephone number that an applicant or employer may call to speak with an unemployment specialist to obtain further explanation. Requires the specialist to issue an amended determination where appropriate.

III. EXTENDED UI BENEFITS
Chapter 347, Article 2, Sections 22 and 24 (SF 2510)
Effective June 30, 2010 and expires March 26, 2011

Removes the June 30, 2010 sunset of state-provided emergency UI payments to applicants who did not qualify for the federal UI benefits extension solely because they did not have enough wage credits due to the methodology by which the "base period" was calculated.

IV. MISCONDUCT
Chapter 347, Article 2, section 17 (SF 2510)
Amends Minn. Stat. § 268.095, subd. 6
Effective May 23, 2010

Changes the definition of misconduct to conduct that was a "consequence" of the applicant's inefficiency, inadvertence, inability, incapacity, chemical dependency, or domestic violence of a family member.

V. TEMPORARY STAFFING SERVICES

1. Suitable Employment
Chapter 347, Article 2, Section 4 (SF 2510)
Amends Minn. Stat. § 268.035, subd. 23a
Effective August 1, 2010

Establishes that a job assignment with a staffing service is suitable employment only if 45% or more of the applicant's wage credits derive from a staffing service's clients and the job assignment otherwise meet the definition of suitable employment.

2. Actively Seeking Suitable Employment
Chapter 347, Article 2, Section 14 (SF 2510)
Amends Minn. Stat. § 268.085, subd. 16 (SF 2510)
Effective August 1, 2010

Establishes that actively seeking a suitable job assignment or other employment with a staffing service is considered actively seeking suitable employment for purposes of UI.

3. Quit from a Staffing Service
Chapter 347, Article 2, Section 15 (SF 2510)
Amends Minn. Stat. § 268.095, subd. 2
Effective August 1, 2010

Clarifies that the five day call-in rule for clients of a temporary staffing service now relates only to suitable employment.

4. Discharge
Chapter 347, Article 2, Section 16 (SF 2510)
Amends Minn. Stat. § 268.095, subd. 5
Effective August 1, 2010

Provides that the end of a job assignment with the client of a staffing service is considered a discharge from employment with the staffing service unless the client fails to follow the five-day rule for requesting or accepting another "suitable" assignment.

V. UNEMPLOYMENT EXCLUSION FOR FAMILY MEMBERS EMPLOYED AS PCA'S
Chapter 347, Article 2, Sections 1 and 2 (SF 2933)
Amends Minn. Stat. § 268.035, subds. 19 and 20
Effective July 1, 2010

Adds family members employed as a PCA to the list of those excluded from unemployment insurance coverage. Defines immediate family member as an individual's spouse, parent, stepparent, son or daughter, stepson or stepdaughter, or grandson or granddaughter.