File #: 20-003-O    Name:
Type: Ordinance Status: Passed
File created: 1/7/2020 In control: Intergovernmental Relations
On agenda: 1/13/2020 Final action: 1/27/2020
Title: ORDINANCE AMENDING SECTION 29E-2 AND SECTION 29E-3 OF THE DULUTH CITY CODE TO CLARIFY THAT BY PARTICIPATING IN A MULTI-EMPLOYER PLAN AN EMPLOYER OF CONSTRUCTION INDUSTRY EMPLOYEES MAY MEET THE EARNED SICK AND SAFE TIME REQUIREMENTS IN CHAPTER 29E.
Sponsors: Joel Sipress, Zack Filipovich
Title
ORDINANCE AMENDING SECTION 29E-2 AND SECTION 29E-3 OF THE DULUTH CITY CODE TO CLARIFY THAT BY PARTICIPATING IN A MULTI-EMPLOYER PLAN AN EMPLOYER OF CONSTRUCTION INDUSTRY EMPLOYEES MAY MEET THE EARNED SICK AND SAFE TIME REQUIREMENTS IN CHAPTER 29E.

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BY COUNCILORS SIPRESS AND FILIPOVICH:
The city of Duluth does ordain:
Section 1. That the Sec. 29E-2 of the Duluth City Code is hereby amended to read as follows:
Sec. 29E-2 Definitions.
For the purposes of this Chapter, the following terms shall be defined as follows:
(a) Calendar year. Calendar year means a consecutive twelve-month period as determined by an employer and may be based on an employee's employment anniversary date. (b) City. City means the city of Duluth.
(c) Child. Child means Employee's biological, adopted, step or foster child, legal ward or child for whom the employee is legal guardian regardless of age.
(d) Domestic abuse. Domestic abuse has the meaning given in Minnesota Statutes Sec. 518B.01.
(e) Earned sick and safe time. Earned sick and safe time means leave, including paid time off and other paid-leave systems, paid at the same hourly rate as an employee earns from employment that may be used for the same purpose as prescribed in Sec. 29E-4.
(f) Employee. Employee means any person employed by an employer who performs work within the geographic boundaries of the city for more than 50 percent of the employee's working time in a 12-month period or is based in the city of Duluth and spends a substantial part of his or her time working in the city and does not spend more than 50 percent of their work-time in a 12-month period in any other particular place. For the purposes of this chapter, employee does not include the following:
(1) Independent contractors;
(2) Student interns;
(3) Seasonal employees; and
(4) Any person entitled to benefits under or otherwise covered by the federal Railroad Unemployment Insurance Act, 45 U.S.C. Sections 351 et.seq.
(g) Employer....

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