On October 13, 2022, the U.S. Department of Labor (DOL) released a proposed new rule regarding the classification of independent contractors under the Fair Labor Standards Act (FLSA). If enacted, the rule will narrow the definition of “independent contractor”, having significant implications for workers and employers.

Background

In January 2021, the DOL (under President Trump)

School’s out! Good news for educational support professionals! Minnesota has amended its unemployment insurance law for education support professionals that work in a non-instructional position (i.e., it does not apply to teachers). Effective May 28, 2023, school employees such as bus drivers, food services staff, paraprofessionals, and administrative workers, are now eligible

Effective August 1, 2023, contractors will be liable for their subcontractors’ unpaid wages to employees for all new or amended construction contracts on or after that date. Yes, you heard that right. Contractors are now on the hook for the proper payment of wages to their subcontractor’s employees. The amendment can be found here

Effective July 1, 2023, Minnesota’s new law requires employers to provide reasonable break times for lactating employees to express milk, regardless of the child’s age (it was 1 year). Break times must be provided even if doing so would “unduly disrupt the operations of the employer”. In addition, lactation spaces must be “clean, private

Okay, another non-wage and hour post, but how could I not! This AI stuff is everywhere and now the Equal Employment Opportunity Commission (EEOC) is chiming in. On May 18, 2023, the EEOC released a technical assistance document outlining considerations for employers using software, algorithms, and artificial intelligence for employment selection procedures such as hiring

While yet another non-wage and hour topic, certainly it is one that everyone in Minnesota is talking about, so how can I not write about it? In the words of our very own Bob Dylan…the times, they are a-changin’! Effective August 1, 2023, cannabis (marijuana), will be a lawful consumable product for all (not

Effective January 1, 2026, all employers with employees in Minnesota will be required to participate in the state-run paid family and medical leave program which provides both paid and protected leave. A 0.7% payroll tax will be introduced to fund the program, of which employers may deduct up to half (.35%) from employees’ wages.