Not to be outdone by the State of Minnesota’s Wage Theft Law, the City of Minneapolis is proposing its own wage theft ordinance, which “compliments” its Minimum Wage and Sick and Safe Time ordinances. The new wage theft ordinance would allow the City to investigate wage theft complaints on its turf. On July 29,
Employers (wherever located) with employees working in Minneapolis – don’t forget that the minimum wage increases today, July 1, 2019, to $11/hr for small businesses and $12.25 for large businesses.
Quick Facts – Reminders:
- Small business = 100 or fewer employees.
- Large business = more than 100 employees.
- An “employee” is someone who works at
On May 29, 2019, the City of Minneapolis issued a notice stating that it will be enforcing its Sick & Safe Leave Ordinance against non-resident employers (employers located outside of the City, but with employees who perform work in the City), for all hours worked in the City since July 1, 2017. In a…
As 2018 comes to a close, it is a great time for employers to address lingering issues that have been on the back burner and start “fresh” in the new year. A new year is a great time to roll out changes for both administration purposes and for employees; new year, new policies. Here are…
Small businesses (100 or fewer employees) have less than one month left until the first phase of the Minneapolis Minimum Wage Ordinance goes into effect. The Minneapolis Minimum Wage Ordinance went into effect for large business (more than 100 employees) on January 1, 2018, when the minimum wage increased to $10.00. However, as I mentioned…
As expected, on May 29, 2018, the Duluth City Council voted to pass the Earned Sick and Safe Time Ordinance (“Ordinance”). The Ordinance currently mandates that employers (wherever located), with 5 or more employees, provide paid sick and safe leave to employees starting January 1, 2020. That being said, given the recent ruling on the Minneapolis Ordinance, I would not be surprised if Duluth’s Ordinance is challenged as well, and eventually limited to employers with a business in Duluth.
What Does the Duluth Earned Sick and Safe Time Ordinance Require?
Effective January 1, 2020 employers are required to provide employees with 1 hour of earned sick and safe time for every 50 hours worked, up to 64 hours per year. However, the Ordinance only allows employees to use up to 40 hours of accrued but unused sick and safe time each year. Alternatively, employers can comply with the Ordinance by front-loading at least 40 hours of earned sick and safe time following the initial 90 days of employment each year and again at the beginning of each subsequent year.
Accrual begins at the commencement of employment, or for current employees, January 1, 2020. If an employee has unused accrued sick and safe time at the end of the year, the employee may carry over 40 hours of accrued but unused sick and safe time into the next year. Employers are not required to payout the accrued but unused sick and safe time hours upon termination or other separation from employment (make sure your handbook is clear especially if you have different types of time off such as vacation, sick, etc.).
Employers must compensate employees at their standard hourly rate, or an equivalent rate for salaried employees. The Ordinance does not require compensation for lost tips or commissions.
Who Is An “Employer” and “Employee” Under the Ordinance?
All individuals, corporations, partnerships, associations, nonprofit organizations with 5 or more Employees (as defined below), are considered an “employer” under the Ordinance. The number of employees is calculated based on the average number of employees per week in the previous year. Temporary employees from a staffing agency are considered an employee of the staffing agency under the Ordinance. Notably, in an attempt to avoid challenges to the Ordinance similar to the ones that arose surrounding the Minneapolis Sick and Safe Time Ordinance, the Duluth Ordinance defines an “employee” as:
- A person working within the geographic boundaries of Duluth for more than 50% of the employee’s working time in a 12-month period, or
- “is based in the city of Duluth and spends a substantial part of his or her time working in the city and does not spend more than 50 percent of their work-time in a 12-month period in any other particular place.”
The Ordinance does not cover independent contractors, student interns, or seasonal employees.
Construction Company Opt-Out
Similar to the Minneapolis Ordinance, construction companies may opt to satisfy the requirements of the Ordinance by paying at least the prevailing wage rate (Minn. Stat. 177.42), or the rates set for in a registered apprenticeship agreement.
What If An Employer Already Offers Paid Time Off?
On Wednesday, May 9, 2018, the Minnesota District Court (Hennepin County) upheld the status quo (remember the temporary injunction I wrote about earlier), finally determining that state law does not preempt the Minneapolis Sick & Safe Leave Ordinance, but the Ordinance cannot be enforced by Minneapolis outside the geographic boundaries of the City of Minneapolis.…
As I briefly mentioned in my last post on the Minneapolis minimum wage increase, a Hennepin County District Court denied Graco Inc., the Chamber of Commerce, and two other business groups’ request for a temporary injunction. While the business groups dropped out of the lawsuit after the court denied the temporary injunction, Graco continued the…
On November 10, 2017, the Minnesota Chamber of Commerce filed another lawsuit against the City of Minneapolis, this time challenging the Minneapolis minimum wage ordinance, set to take effect on January 1, 2018. In a press release, the Chamber noted that, “a patchwork of inconsistent local laws creates an administrative nightmare for employers,…
The Minnesota Supreme Court has finally issued its Order stemming from this summer’s City of Minneapolis $15 minimum wage roller coaster. On July 28, 2016, I wrote about Vote for 15MN’s petition to the City of Minneapolis to amend its Charter to require a $15 minimum wage by 2020 for large employers, and 2022 for…