Rounding of time is nothing new. For payroll simplicity, employers have rounded time up and down for decades, beginning when we actually put a timesheet into a punch clock to “punch the time” (yes, I did!). To that extent, the US Department of Labor (DOL) has long permitted employers to round the times employees “clock
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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…
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…
Minnesota Bans Non-Compete Agreements
While not really wage and hour related, I figured with all the new laws taking effect in Minnesota, I’d throw in a few others that I have been giving seminars on recently. Effective July 1, 2023, Minnesota law prohibits non-compete agreements for both employees and independent contractors. This new law applies to agreements entered…
Prevailing Wages Required for Construction Projects Starting on January 29, 2023, Desiring Tax Benefits Under the Inflation Reduction Act of 2022
In August 2022, President Biden signed into law the Inflation Reduction Act of 2022. Under this law, there are increased tax benefits for certain clean energy projects that begin on or after January 29, 2023 – with a catch. Such projects must use both registered apprentices and prevailing wages (and fringe benefits)must be paid.
DOL Comment Period Closed for Proposed New Rule Regarding Employee v Independent Contractor Classification
On October 13, 2022, the U.S. Department of Labor published a Notice of Proposed Rulemaking regarding how to determine whether an individual is an employee or independent contractor. After an extension, that comment period finally closed this week. The DOL has continued its flip-flopping on this issue. You may recall on September 22, 2020 (during…
Frontline Worker Pay Notices Must Be Posted By June 23, 2022
Minnesota employees who are eligible for Frontline Worker Pay will be able to apply at https://frontlinepay.mn.gov starting tomorrow, June 8, 2022. That means that Minnesota employers who are in the frontline industry sector (see my previous post), must provide notice by June 23, 2022.
MNDOLI has drafted the employer notice in several languages, which…
Minneapolis Issues Guidance on COVID-19 and Sick and Safe Time
Minneapolis has issued a FAQ regarding COVID-19 and the Minneapolis Sick and Safe Time Ordinance. In short, the document outlines how the city of Minneapolis is “interpreting” the ordinance as it relates to earned sick and safe time (ESST). While I believe they are taking some liberties with their interpretation of the ordinance, employers…
Reminder – Time to Reclassify Exempt Employees Making Less than $684/wk ($35,568)
Employers with exempt (salaried) employees – do not forget that the Fair Labor Standards Act’s (FLSA) salary threshold increases January 1, 2020 to $684 per week ($35,568). This means, that if you have a salaried exempt employee making LESS than $684 per week, effective January 1, 2020, they will need to be reclassified as non-exempt…