Purpose

• Establish a fraud reporting portal for employers to report information about potential applicant fraud in connection with unemployment benefits.

Main Provisions

• Creation of a fraud reporting portal: The commissioner must provide a portal that allows employers to report potential applicant fraud. This portal can be added to an existing online fraud reporting system used by employers.
• Required reporting elements: The portal must, at a minimum, include:
  • Whether an applicant was a noshow for a scheduled interview.
  • Whether an applicant refused an offer of work by the employer.
  • Whether the employer was unable to contact the applicant for an interview, an offer of work, or a recall to work.
• Outreach requirement: The commissioner must actively reach out to inform employers about the availability of the fraud reporting portal.
• Access to applicant data: If a prospective employer requests it, the commissioner must provide certain data about applicants, including data that is normally private, specifically:
  • An applicant’s noshow record.
  • An applicant’s refusal-to-work record.

How the Portal Works

• The fraud reporting portal is the mechanism for employers to report suspected applicant fraud related to unemployment benefits.
• The reporting elements focus on attendance, willingness to work, and responsiveness to job offers or recalls.

Data Access and Privacy Changes

• Access to data: Upon request by a prospective employer, the commissioner must disclose the specified applicant records, including private data.
• Privacy override: The data disclosure is allowed "Notwithstanding" existing privacy laws (e.g., section 268.19), meaning certain protections are set aside to share these records with prospective employers in this context.

Significant Changes to Existing Law

• Creates an official, centralized portal for employer-reported unemployment benefits fraud information.
• Expands the set of data that may be shared with prospective employers by overriding some privacy protections.
• Establishes a formal outreach obligation to inform employers about the portal and how to use it.

Potential Implications

• Could improve detection and enforcement against unemployment benefits fraud by making it easier for employers to report suspected misconduct.
• May raise privacy concerns due to expanded access to private applicant data by prospective employers.
• Places a new administrative duty on the commissioner to implement, maintain, and promote the portal.

Relevant Terms - fraud reporting portal - unemployment benefits - applicant fraud - noshow - no-show - refused to work - recall to work - outreach - private data on individuals - data access - prospective employer - Minnesota Statutes chapter 268 - commissioner - 268.19