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Previous Updates
Earned Sick and Safe Time (ESST)
Effective January 1, 2026, amendments to the Minnesota Earned Sick and Safe Time (ESST) law clarify requirements regarding voluntary advancement of leave.
- Accrual
As amended, the law clarifies that an employer may advance ESST to an employee before accrual based on the number of hours the employee is anticipated to work for the remainder of the accrual year. If the advanced amount is less than the amount the employee would have accrued based on actual hours worked, the employer must provide additional ESST to make up the difference.
- Use
While an employer may not require an employee to seek or find a replacement worker to cover the hours during which the employee uses ESST, the amendments clarify that the law does not prohibit an employee from voluntarily seeking or trading shifts with a replacement worker to cover those hours.
- Employee Notice Requirements
If the need for ESST leave is not foreseeable, an employer may require an employee to give notice as reasonably required by the employer (currently "as soon as practicable"). The amendments do not clarify what "as reasonably required" means.
- Employee Documentation Requirements
An employer may require reasonable documentation for absences of more than two (currently three) consecutive scheduled workdays.
SF 17 Status in the Senate for the 94th Legislature, 2025 1st Special Session (2025 - 2025)
FAQs: Earned sick and safe time (ESST) | Minnesota Department of Labor and Industry
Paid Family and Medical Leave (PFML)
As noted previously in a FrankCrum News Alert, effective January 1, 2026, all Minnesota employers with employees located in the state, and their eligible employees, must begin making contributions to fund paid family and medical leave (PFML) benefits. Benefits also become available to eligible employees on that date.
Please click the following link to learn more about paid leave: Minnesota Paid Leave Overview
By Beginning of December
An employer must provide written notice to employees within 30 days of their start date or 30 days before January 1, 2026 (December 2nd) whichever is later.
In addition, an employer must display a poster that provides notice of PFML benefits.
Employers need to notify employees in their native language and hang a workplace poster in English and any language spoken by five or more employees. Minnesota Paid Leave will provide written materials in different languages that employers can use to meet their requirements and support a culture of care through Paid Leave in their workplaces.
Also, an employee must provide at least 30 days' advance notice of foreseeable leave and notice as soon as practicable for unforeseeable leave.
Wage and Hour Law Amended
Effective January 1, 2026, Minnesota's wage and hour law is amended to require employers to provide:
- A paid rest break of at least 15 minutes or enough time to utilize the nearest convenient restroom, whichever is longer, within each four consecutive hours of work; and
- An unpaid meal break that is at least 30 minutes when working six or more consecutive hours.
Employers that fail to provide the required meal and/or rest breaks are liable to the employee for the meal and/or rest break time that should have been allowed at the employee's regular rate of pay, plus an additional equal amount as liquidated damages.
Minimum Wage Increase
Effective January 1, 2026, Minnesota's minimum wage increases from $11.13 per hour to $11.41 per hour. The subminimum wage for trainees increases from $9.08 per hour to $9.31 per hour.
St. Paul Minimum Wage and Earned Sick and Safe Time
Effective January 1, 2026, the minimum wage in St. Paul, Minnesota, for large employers that employ 101 or more persons increases from $15.97 to $16.37 per hour under an annual inflation adjustment required by the city code.
The minimum wage remains unchanged at:
- $15.00 per hour for small employers that employ between six and 100 persons; and
- $13.25 per hour for micro employers that employ five or fewer persons.
Also, the St. Paul Earned Sick and Safe Time Ordinance has been amended to align with the state’s Earned Sick and Safe Time Law.
Consumer Data Privacy Act
Effective July 31, 2025, the Minnesota Consumer Data Privacy Act (the Act) gives Minnesota residents privacy rights with respect to their personal data and establishes certain requirements and limitations for covered businesses.
The Act's protections do not apply to individuals acting in an employment context or to employment-related data.
Minneapolis Civil Rights Ordinance
Effective August 1, 2025, Minneapolis has amended its Civil Rights Ordinance to:
- Add housing status, justice-impacted status, height and weight as protected characteristics;
- Amend definitions related to religious accommodation and reasonable accommodation for pregnancy and disability;
- Define race to include traits historically associated or perceived to be associated with race;
- Modify the definition of familial status; and
- Require employers to consider certain factors before making an adverse employment decision based on justice-impacted status.
Although the ordinance has a technical effective date of May 9, 2025, the amendments do not apply to any complaint or charge filed before August 1, 2025.
https://lims.minneapolismn.gov/Download/MetaData/39068/SignedAct.pdf
Government Contractors
The Minnesota Department of Human Rights (MDHR) has made updates to several compliance-related documents for Minnesota government contractors. The updates include revisions to the:
- Workforce Certificate Application: Simplified or reworded questions to avoid potentially controversial DEI terminology. Also adjusting criteria or language to reflect race- and gender-neutral compliance obligations. Workforce Certificate Application
- Affirmative Action Program Template (now renamed as the “Compliance Plan”): Removed or revised language related to unconscious bias, systemic inequality, or race/gender-specific training. It also reframes goals around workforce analysis, utilization reports, and corrective actions—without explicitly referencing "affirmative action." Compliance Plan_tcm1061-298353.docx
- Annual Compliance Report (ACR): Reworded instructions to focus on data reporting and measurable outcomes. It also removes or downplayed narrative sections about DEI training, culture, or organizational values. Annual Compliance Report / Minnesota.gov ACR Instructions_tcm1061-658242.pdf
- Nondiscrimination Poster: Updated language to reflect federal executive guidance. Also emphasizes equal opportunity in broader terms—without including aspirational or DEI-related statements. Our Commitment to a Workplace Free from Discrimination
St. Paul Wage Theft Notice
The City of St Paul has released a required poster for their wage theft ordinance. The notice must be posted in English and in the primary language spoken by employees (as identified by the employees) at the workplace or job site.
In addition to posting, employers must provide employees with the notice on an annual basis. An employer that provides an employee handbook must also include the notice in the handbook.
Wage Theft | Saint Paul Minnesota
Independent Contractor Test
Effective March 1, 2025, a worker will be considered an independent contractor under Minnesota's workers’ compensation law, wage and hour law, occupational safety law, construction code and other miscellaneous employment laws, if they are operating as a business entity that meets 14 requirements at the time services are provided or performed (previously 9 requirements).
Click here to review the requirements and additional information.
Pay Transparency Law
Effective January 1, 2025, employers that have 30 or more employees located in Minnesota must include a starting salary range and general description of benefits and other compensation in any job posting.
Covered employers must disclose the starting salary range for the posted position. The law defines “salary range” as the minimum and maximum annual salary or hourly range of compensation, based on the employer’s good faith estimate at the time of the posting. An open-ended salary range is expressly prohibited. If the employer does not plan to offer a salary range, then the employer must instead list a fixed pay rate.
Employers must also provide a general description of all benefits and other compensation to be offered to the hired job applicant. The description of benefits must include, but is not limited to, any health or retirement benefits.
The commissioner shall develop a poster. Stay tuned to next month’s issue of FranklyHR.
Captive Audience Poster
As part of the May 2024 legislative session, a provision was added to the law requiring the commissioner of labor and industry to develop a poster displaying the rights of employees. That poster has been developed and can be found here. The poster can also be found in other languages. Employers are required to display the poster. It should be noted there is a pending legal challenge; that case is ongoing.
Additional Minnesota posters can be found at the link below:
Additional Minnesota posters can be found at the link below:
https://www.dli.mn.gov/posters
Wage Detail Reporting for PFML
By October 31, 2024, all Minnesota employers covered by the state Paid Family and Medical Leave (PFML) law (i.e., all Minnesota employers with employees located in the state) must file the first of the quarterly wage detail reports online with the state Department of Employment and Economic Development (DEED), based on wages paid between July 1, 2024, and September 30, 2024. After the law was enacted, DEED FAQs for employers were issued clarifying these dates.
A wage detail report must be filed even if no wages were paid for the quarter. Going forward, the reports are generally due on or before the last day of the month following the end of each calendar quarter.
If FrankCrum reports your unemployment, we will also handle this filing. For questions, reach out to TAX_GROUP@frankcrum.com
Antiretaliation and employer and employee notice requirements take effect November 1, 2025.
Covered employers must begin making contributions to fund PFML benefits, and comply with pay statement requirements, starting January 1, 2026; PFML benefits also become available to eligible employees on that same date.
By April 30, 2026, covered employers must begin making deposits of premium contributions, based on wages earned between January 1, 2026, and March 31, 2026, with the DEED.
Personnel File
As noted in a previous FrankCrum News Alert, Minnesota employers are required to provide employees with access to their personnel record upon written request and a current employee is entitled to review their personnel record once every six months. A former employee may either request to review their personnel file once a year or obtain a copy of their personnel file free of charge once a year for as long as the record is maintained.
As of July 1, 2024, all Minnesota employees may review their personnel record as maintained by their employer once every six months, upon written request to their employer, and may dispute the contents.
As of July 1, 2024, all Minnesota employees may review their personnel record as maintained by their employer once every six months, upon written request to their employer, and may dispute the contents.
Jury Duty
Also this month, in addition to releasing an employee from the employee’s regular work schedule, including any shift work, to permit the employee to attend court for prospective jury service, an employer must not require an employee to work an alternative shift on any day the juror must report for jury service. An employee may voluntarily request to work an alternative work schedule on any day the juror must report for jury service as long as the employer does not encourage the employee to make such a request.
Parental Leave
As noted in a FrankCrum News Alert, effective August 1, 2024, amendments to the Pregnancy and Parenting Leave Act modify requirements regarding:
- Maintaining an employee’s benefits during the leave period
- Interactions with other types of leave
Employees are allowed up to 12 weeks of unpaid pregnancy and parenting leave in accordance with the Act.
Pregnancy Accommodation
Also in August, Minnesota employers must maintain health care coverage for an employee and their dependents during an employee’s leave of absence taken as pregnancy accommodation. The employee must continue to pay any employee share of the cost of benefits.
Employees may request reasonable accommodations such as temporary transfer to a less strenuous or less hazardous position, temporary leave of absence, modification in work schedule or job assignments, seating, more frequent or longer break periods and limits to heavy lifting.
Employees may request reasonable accommodations such as temporary transfer to a less strenuous or less hazardous position, temporary leave of absence, modification in work schedule or job assignments, seating, more frequent or longer break periods and limits to heavy lifting.
Antidiscrimination
Effective August 1, 2024, the Minnesota Human Rights Act (MHRA) is amended to:
- Prohibit discrimination based on one or more protected characteristics
- Modify the definitions of disability and familial status
- Provide protections from harassment based on any protected characteristic
- Narrow the exemptions for fraternal and religious organizations
- Add new civil penalties, punitive damages and other remedies for discrimination claims.
Tip Credit and Recordkeeping
As noted in a FrankCrum News Alert, effective August 1, 2024, the Minnesota Fair Labor Standards Act is amended to require employers to:
- Credit gratuities received by an employee through a debit, charge, credit card or electronic payment to the pay period in which they are received by the employee and distribute the full amount of such gratuities to the employee no later than the next scheduled pay period
- Keep a record of employees’ earning statements for at least three years
Reach out to your FrankAdvice HR Consultant for guidance on Minnesota employment laws.
Misclassification Penalties
Effective July 1, 2024, all employers, as well as their owners, risk significantly increased penalties for misclassifying employees as independent contractors. Employers may face penalties of up to $10,000 for each individual violation.
Gender Identity Discrimination
Effective July 1, 2024, the Minnesota Human Right Act, which applies to all employers in the state, is amended to prohibit discrimination on the basis of gender identity.
Gender identity means a person's inherent sense of being a man, woman, both, or neither.
The definition of sexual orientation is also amended.
Nonsolicitation Clauses for Service Providers
Effective with contracts and agreements entered on or after July 1, 2024, Minnesota service providers (i.e., employers that provide employees for contracted services to customers) are barred from contractually prohibiting customers from soliciting or hiring their employees. The law exempts from coverage certain employees who provide professional business consulting for computer software development.
Duluth Paid Sick Leave
Effective January 18, 2024, Duluth, Minnesota, repeals its paid sick leave law in light of the statewide paid sick leave law effective January 1, 2024.
St. Paul Human Rights Ordinance
Effective January 17, 2024, St. Paul, MN amended its Human Rights Ordinance to include clarifying language regarding substance abuse and more inclusive language for gender and disability.
Pay History Ban
Effective January 1, 2024, Minnesota employers may not inquire into, consider or require disclosure of the pay history of an applicant for employment for the purpose of determining compensation or benefits for that applicant.
Exceptions apply if:
- The applicant's history is a matter of public record under federal or state law; or
- The applicant voluntarily and without prompting discloses pay history, and the employer considers that information to support a wage or salary higher than it initially offered.
Required Notices and Posters
Minnesota has minimum wage, veterans benefits and services, and earned sick and safe time posters ready as well as the earned sick and safe time, and employer-sponsored meetings or communications notices ready.
Click below for access to notices and posters as well as to view the requirements for each:
Workplace notices and posters | Minnesota Department of Labor and Industry (mn.gov)
Paid Sick and Safe Leave Law
Effective January 1, 2024, Minnesota requires all employers with one or more employees to provide paid sick and safe leave to eligible employees. An employee will accrue one hour of sick and safe time for every 30 hours worked, up to a maximum of 48 hours per year, or alternatively, employers may choose to frontload leave to employees. An employee is eligible for sick and safe time if they work at least 80 hours a year for an employer in Minnesota. An employer’s existing paid time off plan or other type of paid leave can satisfy the law if the plan meets these requirements.
Employers must provide employees with a notice by January 1, 2024, or at the start of employment, whichever is later, in English and in an employee’s primary language if not English. MN has released a Earned Sick and Safe Time sample notice: Earned sick and safe time sample employee notice (mn.gov).
FAQs have also been released: FAQs: Earned sick and safe time (ESST) | Minnesota Department of Labor and Industry (mn.gov)
You can read more about this in last month’s FranklyHR, including the reasons employees can take earned sick and safe leave.
Reach out to your Payroll Coordinator or FrankAdvice HR Consultant for needed updates regarding these changes.
Salary History Ban
Effective January 1, 2024, Minnesota employers may not inquire into, consider or require disclosure of the pay history of an applicant for employment for the purpose of determining compensation or benefits for that applicant.
Exceptions apply if:
-
The applicant's history is a matter of public record under federal or state law; or
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The applicant voluntarily and without prompting discloses pay history, and the employer considers that information to support a wage or salary higher than it initially offered.
Paid Sick and Safe Leave Law
As noted previously in a FrankCrum News Alert, effective January 1, 2024, Minnesota requires all employers with one or more employees to provide paid sick and safe leave to eligible employees. An employee will accrue one hour of sick and safe time for every 30 hours worked, up to a maximum of 48 hours per year, or alternatively, employers may choose to frontload leave to employees. An employee is eligible for sick and safe time if they work at least 80 hours a year for an employer in Minnesota. An employer’s existing paid time off plan or other type of paid leave can satisfy the law if the plan meets these requirements.
Employees can use their earned sick and safe time for reasons such as:
- the employee’s mental or physical illness, treatment or preventive care;
- a family member’s mental or physical illness, treatment or preventive care;
- absence due to domestic abuse, sexual assault or stalking of the employee or a family member;
- closure of the employee’s workplace due to weather or public emergency or closure of a family member’s school or care facility due to weather or public emergency; and
- when determined by a health authority or health care professional that the employee or a family member is at risk of infecting others with a communicable disease.
The state law does not preempt existing local paid sick leave ordinances, such as in Bloomington, Duluth, Minneapolis, and St. Paul, and effective January 1, 2024, St. Paul & Bloomington amended their ordinances to parallel state law. Employers must follow the most protective law that applies to their employees. Minnesota's kin care leave law is also repealed on January 1, 2024.
Employers must provide employees with a notice by January 1, 2024, or at the start of employment, whichever is later, in English and in an employee’s primary language if not English. MN has released a Earned Sick and Safe Time sample notice: Earned sick and safe time sample employee notice (mn.gov).
FAQs have also been released: FAQs: Earned sick and safe time (ESST) | Minnesota Department of Labor and Industry (mn.gov)
Reach out to your Payroll Coordinator or FrankAdvice HR Consultant for needed updates regarding these changes.
Employer-Sponsored Meetings Concerning Religious or Political Matters
Minnesota employers are prohibited from mandatory employer-sponsored meetings or communications on religious or political matters. The MN DOL is not releasing a posting, but the attached can be used for required notice to employees.
Recreational Marijuana Legalized
Effective August 1, 2023, Minnesota legalizes recreational marijuana. Individuals who are 21 years of age and older may use, possess, grow, and transport cannabis in specified locations and under certain circumstances.
Employers are not required to permit or accommodate employee use, possession, or distribution of cannabis products while working or while at the workplace. Employers may also prohibit being under the influence at work.
However, an employer may not refuse to hire a job applicant or discipline or discharge an employee for using a lawful consumable product, including cannabis and cannabis products, away from the employer's premises during nonworking hours.
The law also significantly revises Minnesota's Drug and Alcohol Testing in the Workplace Act - employers will no longer be permitted to screen for marijuana and other cannabis products with pre-employment drug tests.
Gender Identity Discrimination Prohibited
Effective August 1, 2023, the Minnesota Human Right Act, which applies to all employers in the state, is amended to prohibit discrimination on the basis of gender identity.
Gender identity means a person's inherent sense of being a man, woman, both, or neither.
Hairstyle Discrimination Prohibited
Effective August 1, 2023, the definition of race under the Minnesota Human Rights Act (MHRA) is amended to encompass traits associated with race, including but not limited to hair texture and hairstyles such as:
- Braids,
- Locs, and
- Twists.
The effect of the amendment is to ban hairstyle discrimination in employment.
Omnibus Jobs Bill
As noted in a prior FrankCrum News Alert, below are new requirements for Minnesota employers.
Non-Compete Agreements
A covenant not to compete entered into on or after July 1, 2023, is void and unenforceable per the Omnibus Jobs Bill. A covenant not to compete restricts an employee, after termination of employment, from working for another employer:
• For a specific period of time;
• In a specified geographical area; or
• In a similar capacity to the employee's work for the current employer.
A covenant not to compete entered into on or after July 1, 2023, is void and unenforceable per the Omnibus Jobs Bill. A covenant not to compete restricts an employee, after termination of employment, from working for another employer:
• For a specific period of time;
• In a specified geographical area; or
• In a similar capacity to the employee's work for the current employer.
Pregnancy Accommodation Updates
The Omnibus Jobs Bill also includes updates to Minnesota’s pregnancy accommodation provisions, effective July 1, 2023, including a need to provide the following modifications as a reasonable accommodation:
The Omnibus Jobs Bill also includes updates to Minnesota’s pregnancy accommodation provisions, effective July 1, 2023, including a need to provide the following modifications as a reasonable accommodation:
• More frequent or longer restroom, food, and water breaks (note: employers may not claim undue hardship with respect to requests of this nature);
• Temporary leaves of absence;
• Modification in work schedule or job assignments;
• More frequent or longer break periods; and
• The law has now been expanded to cover employers with one or more employees (previously, the limit was 15 or more employees).
• Temporary leaves of absence;
• Modification in work schedule or job assignments;
• More frequent or longer break periods; and
• The law has now been expanded to cover employers with one or more employees (previously, the limit was 15 or more employees).
The Omnibus Jobs Bill expands reinstatement rights to allow any employee who has been on a leave under section 181.939 (the section that provides protections for nursing mothers, lactating employees, and pregnancy accommodations) to return to their same position or one of comparable duties.
Notice provisions have also been added, requiring employers to inform employees of their rights under the law at the time of hire as well as when an employee makes an inquiry about or requests parental leave. Such notice must be provided in English and any primary language as identified by the employee. For employers that maintain a handbook, the notice must be included in it.
Expanded Parental Leave
Minnesota’s unpaid parental leave law was amended with the Omnibus Jobs Bill. While the law previously required employers of 21 or more employees to provide for certain parental leave, effective July 1, 2023, the law has been amended to apply to employers with one or more employees. The bill also removes limitations that previously limited benefits to employees with a minimum length of service and hours worked. This means that leave is available to employees upon commencement of employment.
Minnesota’s unpaid parental leave law was amended with the Omnibus Jobs Bill. While the law previously required employers of 21 or more employees to provide for certain parental leave, effective July 1, 2023, the law has been amended to apply to employers with one or more employees. The bill also removes limitations that previously limited benefits to employees with a minimum length of service and hours worked. This means that leave is available to employees upon commencement of employment.
Protections for Lactating Employees
The Omnibus Jobs Bill broadens protections for lactating employees effective July 1, 2023.
• Minnesota law previously limited the need to provide breaks to express milk to the first 12 months following the birth of a child. The Omnibus Jobs Bill removes the 12-month time period, such that the need to provide reasonable breaks to express milk will no longer be time-bound;
• The Omnibus Jobs Bill also removes provisions that previously permitted employers to deny breaks if doing so would unduly disrupt operations. Employers may no longer deny reasonable break time for employees to express milk; and
• The lactation space provided must also now be a “clean, private, and secure” room or other location close to the work area. While not a change in the law, it is worth remembering that this space must not be a bathroom or toilet stall, and it must also include access to an electrical outlet.
• The Omnibus Jobs Bill also removes provisions that previously permitted employers to deny breaks if doing so would unduly disrupt operations. Employers may no longer deny reasonable break time for employees to express milk; and
• The lactation space provided must also now be a “clean, private, and secure” room or other location close to the work area. While not a change in the law, it is worth remembering that this space must not be a bathroom or toilet stall, and it must also include access to an electrical outlet.
Earned Sick and Safe Leave Law
The Earned Sick and Safe Leave (ESSL) provisions of the Omnibus Jobs Bill, effective January 1, 2024, do not preempt other local paid sick and safe time laws but are similar to those in Minneapolis, St. Paul, and Bloomington (effective July 1, 2023). All of the paid sick and safe leave ordinances differ slightly, and Duluth has an ordinance that differs more significantly, so employers must be mindful of the details.
The Earned Sick and Safe Leave (ESSL) provisions of the Omnibus Jobs Bill, effective January 1, 2024, do not preempt other local paid sick and safe time laws but are similar to those in Minneapolis, St. Paul, and Bloomington (effective July 1, 2023). All of the paid sick and safe leave ordinances differ slightly, and Duluth has an ordinance that differs more significantly, so employers must be mindful of the details.
ESSL covers all employees (including part-time and temporary employees) performing work for their employer in Minnesota for at least 80 hours in a year. It does not cover independent contractors or certain individuals employed by an air carrier as a flight deck or cabin crew member. ESSL to any individual or business with one or more employees – there is no small employer exemption.
Employees may accrue up to 48 hours of ESSL per year under the statute, though employers may grant more. Employees accrue a minimum of one hour of ESSL for every 30 hours worked. Employees may carry over any unused ESSL from year to year, but the employer may cap the number of hours accrued at 80.
Other Omnibus Jobs Bill Provisions
The Bill also creates other changes to Minnesota state law, which include:
The Bill also creates other changes to Minnesota state law, which include:
• Implementation of additional safety requirements for workers in the warehouse industry
• Revisions to “Packinghouse Workers Bill of Rights” to update protections for workers at meatpacking and poultry processing facilities
• New prohibition on mandatory employer-sponsored meetings or communications on religious or political matters
• Creation of a “Nursing Home Workforce Standards Board” to protect the health and welfare of nursing home workers
• Revisions to “Packinghouse Workers Bill of Rights” to update protections for workers at meatpacking and poultry processing facilities
• New prohibition on mandatory employer-sponsored meetings or communications on religious or political matters
• Creation of a “Nursing Home Workforce Standards Board” to protect the health and welfare of nursing home workers
Bloomington Earned Sick and Safe Leave
Effective July 1, 2023, the Bloomington, Minnesota, Earned Sick and Safe Leave Ordinance requires employers with five or more employees to provide eligible employees with paid sick and safe leave, while employers with fewer than five employees must provide unpaid sick and safe leave.
Eligible employees (who perform work for more than 80 hours in a calendar year while physically located in Bloomington) accrue one hour of sick and safe leave for every 30 hours worked in Bloomington, up to 48 hours in a calendar year. Accrual begins on July 1, 2023, or the employee's first day of employment, whichever is later. Accrued leave may be used beginning 90 calendar days after employment begins.
Effective June 24, 2023, St. Paul amended its paid sick leave administrative rules to align with amendments to the Earned Sick and Safe Time (ESST) ordinance, which took effect February 24, 2023. The amended rules clarify the following, among other things:
• Definitions of a year and independent contractor;
• Coverage of temporary workers;
• Accrual and carryover of ESST;
• Location of a successor employer; and
• Employee documentation requirements.
• Definitions of a year and independent contractor;
• Coverage of temporary workers;
• Accrual and carryover of ESST;
• Location of a successor employer; and
• Employee documentation requirements.
Here are the ESST Administrative Rules
CROWN Act
Governor Waltz has signed a law to prohibit discrimination based on hair texture and hairstyles, adding Minnesota to the growing list of states to enact such legislation. The Minnesota law, House File (HF) 37, revises the Minnesota Human Rights Act (MHRA), and expands the definition of “race” to be “inclusive of traits associated with race, including but not limited to hair texture and hairstyles such as braids, locs, and twists.”
St. Paul Amendments to Earned Sick and Safe Time Ordinance
Employees that work in the city but with no employer site in St. Paul can still accrue hours worked in St. Paul for the Earned Sick and Safe Time Ordinance.
Learn more here.
Frontline Worker Pay
As noted in a previous FrankCrum News Alert, Minnesota’s new Frontline Worker Pay Law recognizes frontline workers and offers them the chance to receive part of a bonus pool. This is intended to thank them for showing up to work and providing critical services during the height of the state’s COVID-19 emergency. The bonus application process is now open, and although the law is funded by state monies, affected employers must provide notice to employees.
The frontline sectors that are covered are manufacturing; long-term care and home care; health care; emergency responders; public health, social service, and regulatory service; courts and corrections; schools; child care; food service; retail; temporary shelters and hotels; building services; public transit; ground and air transportation services; and vocational rehabilitation.
During the application period, eligible frontline workers can apply at frontlinepay.mn.gov. In accordance with the legislation, the application will be open for 45 calendar days. The anticipated application period will be open from Wednesday, June 8, through Friday, July 22, 2022.
Click here for the required employer notice.
Click here for FAQs.
Amendments to Lactation Breaks and Pregnancy Accommodations
Effective January 1, 2022, the state's pregnancy accommodation requirements (Minn. Stat. § 181.9414) are repealed and incorporated into state law regarding nursing and lactation accommodations (Minn. Stat. § 181.939).
The pregnancy accommodation requirements are further amended to:
- Apply to employers with 15 or more employees (from 21 or more), and
- Remove the length-of-service and hours-worked requirements for employee eligibility.
The lactation accommodation requirements are also amended to:
- Limit an employee's ability to take lactation breaks to the 12 months following the child's birth; and
- Prohibit an employer from reducing an employee's compensation for time used to express milk.
Duluth Amends Paid Sick and Safe Leave Ordinance
The Duluth City Council passed amendments to Duluth City Code Chapter 29E, regarding Earned Sick and Safe Time. These amendments included:
- Employers must provide new employees with a copy of their ESST-compliant paid-leave policy;
- If an employer maintains an employee handbook, a copy of the employer’s ESST-compliant paid leave policy must be included in said handbook;
- ESST may now be used by employees to cover lost hours due to the closure of their place of employment due to public health reasons.
Learn more here and click here for the required notice.
Minneapolis Hospitality Worker Right To Recall
Effective May 1, 2021 under a new ordinance passed by the Minneapolis City Council, employers are to recall hospitality and event center workers, if and when they are needed in reverse order of seniority. The Hospitality Worker Right to Recall will remain in effect “until one (1) year after the termination” of the emergency declarations pronounced by Mayor Frey and Minnesota Governor Tim Walz.
Under the ordinance, covered employers include hotels, which are defined as establishments with at least 50 guest rooms that are rented on a transient basis to paying guests. The ordinance also applies to “event centers,” which are defined as buildings that have more than 50,000 rentable square feet or 2,000 fixed seats that are used primarily for public events. This definition also includes businesses that operate in conjunction with such event centers, such as concessionaires, retailers, and restaurants.
Workers who are eligible for the recall rights under the ordinance include those who (1) worked for a covered employer, (2) performed work within the city “for at least eighty (80) hours in the twelve (12) months that preceded March 13, 2020,” (3) were employed “for six (6) months or more in the twelve (12) months preceding March 13, 2020,” and (4) were laid off after that date “due to a government order, lack of business, a reduction in force or other … economic, non-disciplinary reasons.”
Employers will be required to notify laid-off employees by mail, and email or text message if such information is available, of the availability of their former positions or other positions for which the workers are qualified by virtue of past experience or training that would be given to new hires. Laid-off employees will have “at least seven (7) calendar days from the date of the offer” in which to respond to the recall notice or their rights will expire. Under the ordinance, employers are required to maintain records of notices of recall for at least three years.
Covered employers can get ready by identifying positions they plan to open; inform hiring managers about the new law; and establish a process that ensures positions are offered to laid-off employees before those positions are offered to others. Read more about the ordinance here.
December 2020
Minneapolis Freelance Worker Protection Ordinance
Minneapolis has passed Ord. No. 2019-00699. The Freelance Worker Protection Ordinance requires contracts for service to be set forth in writing and provides an enforcement mechanism for failure to pay a worker as agreed upon in the contract. The ordinance requires contracts between hiring parties and freelance workers to be in writing; requires hiring parties to make timely payments; and contains retaliation protections. Effective January 1, 2021:
https://lims.minneapolismn.gov/Download/MetaData/18045/2020-040_Id_18045.pdf
