Definitions.

Saint Paul Legislative Code § 224A.02

in effect

Sec. 224A.02. - Definitions. For the purposes of this chapter, the following definitions apply: City means the City of Saint Paul. Debarment means that that no public contract with the city may be bid on, awarded to, or received by an employer. Department means the Department of Human Rights and Equal Economic Opportunity or any department or office that by ordinance is designated the successor to the department. Director means the Director of the Department of Human Rights and Equal Economic Opportunity, or the Director's designee. Employee has the meaning given in Minn. Stat., § 177.23 Subd. 7. and any amendments thereto. For purposes of this chapter, "employee" does not include the following: Individuals participating in the extended employment program under Minn. Stat., § 268A.15. Persons with disabilities receiving home and community-based services identified in Minn. Stat. § 245D.03, subdivision 1, paragraph C, clauses (4), (5), (6) and (7). Independent contractors. Employer means any individual, partnership, association, corporation, business trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to an Employee. For purposes of this chapter, "employer" does not include any of the following: The United States government. 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. Any county or local government, except the city. Fringe benefits mean contributions irrevocably made by an employer on behalf of an employee to a financially responsible trustee, third person, fund, plan, or program, such as pension plans, health insurance, and life insurance. Fringe benefits also include benefits to an employee, funded from an employer, such as holiday, vacation, and sick pay plans. All bona fide fringe benefits must be legally enforceable, communicated in writing to the employee, reasonably anticipated to provide a benefit, and made available to the employee once they have met all eligibility requirements. Gratuities mean monetary contributions received directly or indirectly by an employee from a guest, patron, or customer for services rendered and includes an obligatory charge assessed to customers, guests, or patrons which might reasonably be construed by the guest, customer, or patron as being a payment for personal services rendered by an employee and for which no clear and conspicuous notice is given by the employer to the customer, guest, or patron that the charge will not be given to the employee as wages or gratuity. Indemnification means an agreement by a promisor to indemnify, defend, or hold harmless the promisee against liability or claims of liability for damages arising out of violations of this chapter. Piece rate means a price paid per unit of work. Wage means all compensation due to an employee by reason of employment, payable in legal tender of the United States, checks on banks convertible into cash on demand at full face value, direct deposit to the employee's choice of demand deposit account. Compensation includes but is not limited to: (1) All salary, gratuities, earnings, and commissions, at the employee's rate or rates or pay, or the applicable rate or rates of pay required by law, whichever is greater; (2) All fringe benefits earned in accordance with the terms of any agreement or policy between an employer and employee; (3) Bonuses earned for labor or services performed in accordance with the terms of any agreement or policy between an employer and employee; (4) Vacation pay earned in accordance with the terms of any agreement or policy between the employer and the employee; (5) All amounts for labor or service performed by employees, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculating the same or whether the labor or service is performed under contract, subcontract, partnership, subpartnership, station plan, or other agreement for the performance of labor or service if the labor or service to be paid for is performed personally by the person demanding payment. Wage theft means any action taken by an employer or an employer's agents, which results in the failure of an employer to pay wages to employees. Wage theft includes but is not limited to when an employer: Fails to pay an employee all wages including salary, gratuities, earnings, or commissions at the employee's rate or rates of pay or at the rate or rates required by law, including any applicable statute, regulation, rule, ordinance, government resolution or policy, contract, or other legal authority, whichever rate of pay is greater; Directly or indirectly causes any employee to give a receipt for wages for a greater amount than that actually paid to the employee for services rendered; Directly or indirectly demands or receives from any employee any rebate or refund from the wages owed the employee under contract of employment with the employer; Makes or attempts to make it appear in any manner that the wages paid to any employee were greater than the amount actually paid to the employee; or Takes any other action that results in the employer's failure to pay an employee's wages, including but not limited to paying below minimum wage rates, not paying overtime, requiring work without pay, denying legal breaks, withholding gratuities, misclassifying employees, not paying earned sick and safe time, withholding tips, making illegal or unauthorized deductions, or not paying fringe benefits. (Ord 24-27, § 2, 11-6-24; Ord. No. 25-56, § 2, 10-8-25)

Source: City of Saint Paul, Minnesota, City Charter, Legislative Code and Administrative Code (Municode Library, library.municode.com)URL: https://library.municode.com/mn/st._paul/codes/code_of_ordinances?nodeId=PTIILECO_TITXXIIIPUHESAWE_CH224AWATH_S224A.02DEFetched: 11/1/2026