It’s been a month since the City of Minneapolis Sick and Safe Time Ordinance has gone into effect (July 1, 2017), and thus, employers based in Minneapolis with workers in Minneapolis should have already modified their existing paid time off (PTO) policy, or created a new sick and safe time policy. The most frequent question I’ve been getting recently is regarding whether an employer must comply if they are not located in Minneapolis, or if they are located in Minneapolis, but employees do not work in Minneapolis. The confusion is quite understandable, as the answer is not found in the ordinance, but the result of a temporary injunction issued in a Hennepin County District Court case (Minnesota Chamber of Commerce et al v. City of Minneapolis, Court File No. 27-cv-16-15051).
The City of Minneapolis is currently not enforcing its ordinance against employers who are not physically located in Minneapolis, or employers who are located in Minneapolis but whose employees do not physically work in Minneapolis. The City of Minneapolis Sick and Safe Time Ordinance is currently only being enforced against Minneapolis-based employers with employees performing more than 80 hours of work a year in the city limits of Minneapolis (which does not include pass-thru drivers). However, keep in mind that this is only a temporary pause in enforcement. On January 26, 2017, the City appealed the decision to the Minnesota Court of Appeals, and has noted in the rules that, “Once a final order has been issued through the court process, the City may amend these rules to provide additional guidance.”
Oral arguments were heard on July 11, 2017. Accordingly, as I find myself saying way too much these days, we wait. Employers not located in Minneapolis but with workers in Minneapolis not wanting to wait have two options: (1) continue business as usual; or (2) amend your PTO or vacation policy to meet the ordinance requirements, even though they are not being enforced. Recall you may always offer employees more than they are entitled to, just not less.