Many employers use “stay or pay” agreements to seek reimbursement of certain costs advanced on behalf of the employee if the employee leaves their employment within a specified time period. Signing bonuses, training payments, relocation stipends and other cash payments are provided to employees on the condition that the employee repay all, or a portion…

In Minnesota, as in other states and with the federal government, employers who wrongly classify workers as independent contractors are subject to significant penalties, interest, and taxes. The 2024 legislature enacted a number of changes to the various statutes that discuss the classification of workers as independent contractors.

All Industries (Except Construction)

Outside of the…

Minnesota wasted no time before revisiting its Earned Sick and Safe Time law which originally took effect January 1, 2024. In late May, Governor Walz signed into law the legislature’s amendments to the state’s earned sick and safe (ESST) requirements. While many of the changes appear to be intended to resolve practical ambiguity uncovered over…

A new Minnesota law banning employers from asking for applicants’ pay history went into effect at the beginning of 2024. All Minnesota employers are now prohibited from requesting or requiring job applicants – including internal hires – to disclose their compensation history. While employers may still access an applicant’s compensation history if the information is…

Many employers have a policy in their employee handbook or in employment agreements that requires an employee to devote their full time to the employer’s business (i.e. no “moonlighting”). For example:

Except as hereinafter provided, the Employee shall at all times during the continuance of this Agreement devote her full time to the conduct of…

By Phyllis Karasov and Silas Petersen

On October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule redefining “joint employers” under the National Labor Relations Act (NLRA).  Approved three-to-one along partisan lines, the new rule mirrors the Board’s proposed rule that was published in September 2022.  The new rule expands the definition…

Last week, we posted a blog addressing how the recent legalization of recreational cannabis in Minnesota may affect employee drug-testing policies. We now direct our attention to employers with questions about their general drug and alcohol policies. Here are some things to consider when changing an existing drug and alcohol policy.

Understanding the Law

As…

On August 1, 2023, recreational marijuana and cannabis products became legal in the state of Minnesota. Employers are now asking how this new law affects their employment policies and procedures. In the first of a two-part series of blog posts on how the legalization of marijuana affects drug and alcohol polices, we address whether employers…

In previous posts, we have discussed changes enacted by the Minnesota legislature regarding employment law.  The legislature also passed a number of bills which, although perhaps less significant than the ban on non-compete agreements, legalizing cannabis and providing paid sick and safe time, are still important for employers to know.

Pay Transparency

Minnesota…