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
Minnesota Bans Inquiries into Applicants’ Pay History
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
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
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
Navigating Minnesota’s Paid Family and Medical Leave Law
On May 25, 2023, Governor Walz signed Minnesota’s Paid Family and Medical Leave bill into law. Minnesota will join 11 other states and Washington D.C. with paid leave laws. Eligible workers will be able to begin receiving benefits on January 1, 2026, and employers will begin contributing to the program on the same date.
The
The Death of Noncompetition Agreements in Employment within Minnesota
The Minnesota legislature has enacted a statute rendering noncompetition agreements in the employment context unenforceable, provided they are entered into after the effective date. Governor Walz is expected to sign the bill. The legislation applies to all future covenants not to compete and will take effect on July 1, 2023. Consequently, this new statute does not apply to
Employers Beware! NLRB General Counsel Seeks to Restrict Employer Free Speech
The National Labor Relations Board (NLRB) made two announcements recently that should be of concern to all employers with employees not represented by a union. The first announcement was made by the NLRB General Counsel, Jennifer Abruzzo, who announced that she will seek to overturn an employer’s ability to enforce mandatory employee meetings during an
The Future of the FFCRA
After much hand wringing, negotiation and name-calling, Congress has passed its second COVID-19 stimulus package, which was signed by President Trump on Sunday, December 27, 2020. For months, clients have been asking whether the Families First Coronavirus Response Act (“FFCRA”) will be renewed or whether it will expire on December 31. We now have the
Unemployment Compensation and COVID-19
The COVID-19 pandemic is causing an ever-changing, difficult situation for many people. Employers are being forced to make difficult decisions affecting the lives of employees—people about whom they care deeply. As government officials attempt to respond to and mitigate the pandemic, many of you are having to dramatically cut or eliminate employee hours or even