As I’ve recently blogged about here, Minnesota recently passed a statewide earned sick and safe time (ESST) law, effective January 1, 2024. However, ESST ordinances already exist in the cities of Bloomington, Duluth, Minneapolis, and St. Paul. In honor of Bloomington’s recently implemented ESST ordinance, which came into effect July
Corie J. Anderson
Status of Biden Administration’s Proposed Rule on Independent Contractor Classification
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)…
New Minnesota Law Allows Educational Support Professionals to Receive Unemployment During the Summer Break
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…
Non-Union Contractors to Be Liable for Subcontractors’ Unpaid Wages to Their Employees
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…
New Minnesota Law Provides Additional Protections for Pregnant and Lactating Employees – Including Break Times
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…
EEOC Issues Guidance on the Use of AI (Artificial Intelligence) in Employment Selection
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…
Minneapolis & St. Paul Minimum Wage Increases July 1, 2023
Friendly reminder – the minimum wage rates in Minneapolis and St. Paul increase yet again July 1, 2023. The minimum wage rate for employers with 100 employees or less in Minneapolis will increase from $13.50 to $14.50. In St. Paul, the minimum wage increases will impact both small and large employers. For businesses with…
Minnesota’s New Earned Sick and Safe Time Law For Employees Working 80+ Hours In Minnesota
Effective January 1, 2024, all employers (wherever your office/HQ is located) must provide earned sick and safe time (“ESST“) for all employees (yes, including part-time and temporary) who work 80+ hours in a year in Minnesota. Employers may either provide the ESST via a frontloaded lump sum (48 hours if paid…
Minnesota Legalizes Recreational Cannabis (Marijuana)
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…
Coming January 2026 – Minnesota Paid Family Medical Leave
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.