§ 23.05 DEFINITIONS.

   When used in this article, the following words, terms, and phrases shall have the following meanings, unless the context clearly indicates otherwise.

   CALENDAR YEAR. A regular and consecutive 12-month period as determined by an employer and may be based on an employee's employment anniversary date.

   CITY. The City of Bloomington, Minnesota.

   DOMESTIC ABUSE. Has the meaning defined in M.S. § 518B.01, as it may be amended from time to time.

   EMPLOYEE. Any individual who performs services for hire and compensation for an employer , including temporary employees and part-time employees and who performs work at a location or locations within the geographic boundaries of the city for at least 80 hours in a year for that employer . For purposes of this article, "employee" does not include the following:

      (1)   Employees classified as extended employment program workers as defined in Minnesota Rules part 3300.6000 and participating in the M.S. § 268A.15, as it may be amended from time to time, extended employment program;

      (2)   Independent contractors; or

      (3)   Student Interns .

   EMPLOYER. A person or entity that employs one or more employees . The term includes an individual, corporation, partnership, association, nonprofit organization, or group of persons. For purposes of this article, "employer" does not include any of the following:

      (1)   The United States government;

      (2)   The State of Minnesota, including any office, department, agency, authority, institution, association, society, or other body of the state, including the legislature and the judiciary; or

      (3)   Any county or local government, except the city .

   EXEMPT EMPLOYEE. An employee who is exempt from overtime payment requirements under federal or state law.

   FAMILY MEMBER. A “family member” is:

      (1)   An employee’s:

         (i)   Child, foster child, adult child, legal ward, child for whom the employee is legal guardian, or child to whom the employee stands or stood in loco parentis;

         (ii)   Spouse;

         (iii)   Sibling, stepsibling, or foster sibling;

         (iv)   Biological, adoptive, or foster parent, stepparent, or a person who stood in loco parentis when the employee was a minor child;

         (v)   Grandchild, foster grandchild, or stepgrandchild;

         (vi)   Grandparent or stepgrandparent;

         (vii)   A child of a sibling of the employee;

         (viii)   A sibling of the parents of the employee; or

         (ix)   A child-in-law or sibling-in-law;

      (2)   Any of the family members listed in clause (1) above of a spouse;

      (3)   Any other individual related by blood or whose close association with the employee is the equivalent of a family relationship; and

      (4)   Up to one individual annually designated by the employee.

   HEALTH CARE PROVIDER. A person licensed in good standing in Minnesota to provide medical or emergency services and employed in that capacity, including but not limited to doctors, nurses and emergency room personnel.

   PREVAILING WAGE RATE. Has the meaning given in M.S. § 177.42, as it may be amended from time to time, and as calculated by the Minnesota Department of Labor and Industry.

   REGULAR RATE OF PAY. The employee's hourly rate, including payments for shift differentials, for an hourly employee or an equivalent rate for an exempt employee . Regular rate of pay does not include:

      (1)   Tips;

      (2)   Commissions;

      (3)   Reimbursements for expenses incurred on the employee's behalf;

      (4)   Premium payments for overtime work or work on Saturdays, Sundays, holidays, or scheduled days off, if the premium rate is at least one and one-half times the normal rate;

      (5)   Bonuses;

      (6)   Cash or other valuables in the nature of gifts on special occasions;

      (7)   Payments made pursuant to a bona fide profit-sharing plan or trust or bona fide thrift or savings plan; or

      (8)   Contributions irrevocably made by an employer to a trustee or third person pursuant to a bona fide plan for providing old-age, retirement, life, accident, or health insurance or similar benefits for employees .

   SAFE TIME. The need for time off under circumstances described in M.S. § 181.9413(b), as it may be amended from time to time.

   SEXUAL ASSAULT. An act that would constitute a violation under M.S. §§ 609.342 to 609.3453 or § 609.352, as they may be amended from time to time.

   SICK AND SAFE TIME. Paid leave that may be used for the same purposes and under the same conditions as § 23.07.

   STALKING. Has the meaning given in M.S. § 609.749, as it may be amended from time to time.

   STUDENT INTERN. An unpaid student who is acquiring hands on training, work experience, or clinical training in connection to a course of study or higher education program for a limited period of time.

(Ord. 2022-31, passed 6-6-2022; Ord. 2023-24, passed 9-25-2023)