On May 27, 2016, the Minneapolis City Council unanimously approved the Minneapolis Sick and Safe Time Ordinance, Title 2, Chapter 40 – Workplace Regulations.  The final Ordinance mandates unpaid sick and safe leave for employers with 1 to 5 employees, and paid sick and safe leave for employers with 6 or more employees. Notably, the final amendment includes not only the use for sick and safe care, but also school snow days.

Below is a quick overview of what the ordinance requires, who it applies to, what burdens employers have, and the implications of a violation. However, time will only tell how this plays out in reality.

What Does the Minneapolis Sick and Safe Time Ordinance Require?

The Ordinance, effective July 1, 2017, requires employers to provide employees with paid/unpaid sick and safe time.  New employers (with 1 or more employees), will have 12 months to provide unpaid time off. After 12 months, new employers will be subject to the Ordinance in its totality (this 12 month delay will only be allowed for 5 years from the enactment).

Employees working in Minneapolis will accrue sick and safe time unpaid leave at the rate of 1 hour for every 30 worked, up to an annual cap of 48 hours (either calendar or fiscal year). Exempt (salaried) employees are deemed to work 40 hours each week unless their normal workweek is less than 40 hours.  Employees must be allowed to use sick and safe time after 90 calendar days of employment.  Employers must permit an employee to carry over at least 80 hours of accrued but unused sick and safe time into the following year.

Additionally, sick and safe leave time need not be paid this time out at termination. Employees must be able to use the leave in the same increment of time consistent with current payroll practices and existing employer policies (but no more than 4 hours).  They must be compensated at the same hourly rate with the same benefits (except they are not entitled to lost tips or commissions and compensation is only required for the hours the employee was scheduled to work).

Who Is An “Employer” and “Employee” Under the Ordinance?

Does this Ordinance affect your business based in Eden Prairie or Alexandria?  It depends on whether you are a covered employer, defined below.  The Ordinance defines several terms with specificity, but here it is in a nutshell:
Continue Reading

There are three demands former Minnesota-based employees can make post-termination that should send all kinds of red flags to an employer.  They are often made via email and seem like innocent enough requests. Not so!  Fun fact: terminated employees are entitled to demand three things post-termination: (1) a copy of their personnel file; (2) a

Stop OvertimeFun fact – the Fair Labor Standards Act (FLSA) does not allow the “banking” of overtime hours (or “comp time”) from one workweek to the next.  This is when an employee works overtime hours one week and then instead of getting paid the overtime that week, takes extra time off the following week.  

Asphault truckI love it when I get to toot our own horn (pun intended)!  In a huge victory for hauling companies (represented by Seaton, Peters & Revnew), the Minnesota Supreme Court reversed the Minnesota Court of Appeals on April 20, 2016, and held in J.D. Donovan, Inc. v. Minnesota Department of Transportation, that the transport

24 HourWhile Jack Bauer may be by the wayside, Fox Network’s 24 is not going away any faster than an employer’s requirement to pay terminated Minnesota employees within 24 hours.  An issue that I frequently get calls about (usually somewhat frantic) is a terminated employee’s demand for payment within 24 hours. Unfortunately, too many employers without

MinneapolisLast Fall, the City of Minneapolis entertained a proposed policy concerning “Fair Scheduling” of employee’s work hours. This policy proposed a requirement (among other things) that employers post employee’s schedules (including on-call shifts) 28 days in advance, with changes in the schedules made within 24 hours.  As of October 15, 2015, the City dropped its

2016_complete_pw_surveyOn April 5, 2015, the 2016 prevailing wage surveys were mailed by the Minnesota Department of Labor and Industry (MNDOLI), seeking data for the wages paid to construction workers between April 4, 2015 and June 3, 2016 for all 87 Minnesota counties, public or private construction, highway or heavy construction, commercial and residential.  Surveys are

The Minnesota Prevailing Wage Act, Minn. Stat. 177.41 – 177.44, requires that employees working on public works be paid the “real value of the services they perform.”  Accordingly, Minnesota requires that “laborers, workers, and mechanics on projects financed in whole or part by state funds should be comparable to wages paid for similar work in