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
The Changing Landscape of Independent Contractor Status in Minnesota
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
Out With the New and In With the Newer? Eight Things Employers Need To Know About Minnesota’s Amendments to Earned Sick and Safe Time
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
Legal Challenges Say “Not So Fast” to FTC’s Noncompete Ban
As many of you probably already know, the Federal Trade Commission (the “FTC’) issued a Final Rule outright banning employment-based noncompete agreements. The ban is expected to go into effect in August. The three key takeaways from the Final Rule are:
Redefining Workplace Boundaries: The NLRB’s Limitations on Employee Handbook Policies
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
NLRB Significantly Broadens Scope of Joint-Employer Standard
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
Navigating the Legalization of Marijuana: Updating Drug and Alcohol Policies
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
Navigating the Legalization of Marijuana: Update Your Drug and Alcohol Testing Policies
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
More Changes to Employment Laws by the Minnesota Legislature
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
Earned Sick and Safe Time is the Law Throughout Minnesota
Although several cities already have enacted sick and safe time ordinances, the Minnesota legislature has made earned sick and safe time (ESST) a state requirement. The statute becomes effective on January 1, 2024.
All Minnesota employers must provide employees who perform services for at least 80 hours per year, up to 48 hours of ESST