If you are a home health care provider (personal care attendants, community first service and support workers), the Minnesota Department of Labor & Industry (MNDOLI) has created a new webpage for information related to employment practices in your industry. This includes a general video on:

  • Overtime (follow federal (40+ hrs/wk) and state law (48+ hrs/wk) at 1.5 times the regular rate) *Note – this is where I see the majority of violations – (and investigations) – make sure you are properly paying overtime – if you are paying a “bonus” for additional hours worked, I’d highly encourage you to have that pay practice reviewed asap.
  • Minimum wage requirements
  • Travel time
  • Rest periods (less than 20 minutes paid)
  • Payment of all hours worked (regardless of reimbursements)
  • Discipline for working unauthorized overtime (but paying it)
  • On-site work/rest time (sleep time – Minn. 177.23, sub.11 and Minn. Rule 5200.0121 and federal law)
  • Regular payments, timely payments and final pay law

Employers should be careful to remember that this guidance is ONLY for Minnesota state law. If federal law applies to your business and is more beneficial for the employee, then federal law applies.