How Will Minnesota’s New Labor Laws Affect Employers?

July 2, 2024

Minnesota is poised at the forefront of labor law reform with the recent enactment of a comprehensive omnibus bill that reshapes the labor landscape significantly. With the stroke of Governor Tim Walz’s pen, a suite of employment law amendments ranging from wage transparency to employee classification, and parental leave to the handling of electronic tips have been signed into law. This barrage of legislative changes presents Minnesota employers with a new paradigm of workplace standards – emphasizing fairness, transparency, and inclusivity. As such, businesses across the state are expected to respond by recalibrating their practices and policies to fall in line with the state’s progressive labor stance. Let’s delve into the specifics of this legislation and assess its implications for employers across Minnesota.

Greater Pay Transparency Measures

In a bid to eliminate pay disparities that stem from discrimination, Minnesota is raising the bar for pay transparency. Beginning January 1, 2025, companies employing more than 29 individuals will be compelled to disclose wages and detailed benefits in their job postings. This initiative builds upon the existing prohibition against inquiring into a prospective employee’s salary history, aiming to bridge the wage gap through transparency.

This significant shift calls for employers to recalibrate their hiring paradigms in alignment with this legislative change. By revealing compensation ranges, companies may find themselves adjusting pay scales to meet competitive standards and revised internal equity. These new requirements implore Minnesota businesses to act decisively, analyzing current practices to stay ahead of compliance before the mandate takes effect.

Enhanced Paid Family Leave Act

The Paid Family Leave Act’s latest iteration, effective January 1, 2026, takes a more assertive stance on supporting working families. With tax rates edging from 0.7% to 0.88%, funding for paid family leave is bolstered, alongside newly defined contribution requirements for both employers and employees within smaller companies.

When the law comes into play, businesses, especially those with smaller workforces, will have to navigate these provisions with care. The amendment facilitates better continuity for employees, ensuring they are not left vulnerable while transitioning between jobs or signing up for new benefits. Employers stand to witness the dual impact of additional financial responsibility and operational adjustments with the expansion of the leave scope.

Protections for Pregnant Employees

By extending protections for pregnant workers, Minnesota underscores the importance of a supportive environment for expecting mothers in the workplace. Effective on August 1, 2024, the state ensures that the stipulated 12-week parental leave for pregnancy and childbirth is not undercut by any leave taken for prenatal care – a safeguard that potentially allows for longer leave periods due to prenatal medical reasons.

Small businesses, in particular, will be directly affected as they will be mandated to continue providing insurance benefits in line with larger entities governed by federal FMLA requirements. This could lead to administrative overhauls and budget recalibrations for those previously operating outside such mandates.

Clarifications to the Earned Sick and Safe Time Law

The Earned Sick and Safe Time (ESST) law, although relatively nascent, is receiving fine-tuning to resolve ambiguities around the accrual of benefits. Modifications now explicitly state how to compute sick time and extend eligibility for funeral leave.

Employers now face the pressing task of reassessing their benefit calculations and leave policies. Systems and practices must be scrutinized to ensure precise compliance with the updated ESST law, thereby mitigating the risk of disputes and potential legal confrontations over sick time benefits.

Crackdown on Misclassification of Independent Contractors

Misclassification of workers as independent contractors, particularly prevalent in construction, is squarely in the crosshairs of the new legislation. The introduction of a comprehensive 14-point test reaffirms the requirement for proper contractor classification and adds weight to the implications of misclassification.

The consequence of the tightened law is clear: businesses must rigorously evaluate their working relationships with contractors. Any oversights in classification can lead to severe penalties, and as such, an immediate review of current agreements and classifications is vital for firms to ensure adherence and avert hefty fines.

Restrictions on Non-Solicitation Agreements

Changes on the horizon for non-solicitation agreements are set to alter the dynamics between service providers and their clientele, effective July 1, 2024. The law limits the extent to which contracts can deter customers from hiring personnel from their service providers, with certain professional roles in software development remaining exceptions.

For businesses that rely on non-solicitation clauses to protect their interests, this signals a time for meticulous contract reviews. Adherence to the new legislation is non-negotiable, and companies must promptly identify and amend potentially restrictive clauses to comply with the new stipulations.

Uniform Minimum Wage Laws

Minnesota is abolishing the use of differential minimum wage rates, moving toward an equitable, uniform wage standard that applies after the initial 90-day period of employment, even for under-20 workers. Businesses, particularly smaller ones and those employing younger workers, must ready themselves for the financial and operational impacts of this change.

The leveling of the wage playing field requires employers to evaluate their wage structures and budgetary allowances. It brings to the forefront the need for calculated fiscal planning, ensuring that this transition to a uniform minimum wage threshold is sustainable and manageable irrespective of the size of the enterprise.

Broadening the Scope of the Minnesota Human Rights Act

With the expansion of the Minnesota Human Rights Act (MHRA), a broader spectrum of protections against discrimination is unfolding. The cap on compensatory and punitive damages has been lifted and the timeframe for initiating legal proceedings extended, signaling a more robust enforcement of anti-discrimination laws.

Businesses must be vigilant in their understanding of what constitutes “disability” and “familial status,” as the definitions have now widened. It mandates a proactive approach by employers to scrutinize and possibly reformulate their workplace policies to foster an environment of inclusivity within the ambit of the newly interpreted MHRA.

New Regulations for Electronic Tips and Drug Testing

Minnesota has introduced regulations to modernize the handling of employee tips received electronically. This change, which requires employers to pay out such tips in a timely manner, imposes a new layer of responsibility to ensure fairness in gratuity distribution.

Furthermore, the state has provided updates to its drug testing policies, which will necessitate a review of employer protocols. With certain restrictive measures being lifted, employers may have to reconsider their drug testing strategies to ensure they remain within the parameters of the law.

As Minnesota’s labor laws evolve, employers throughout the state must remain adaptable. This new legislative environment calls for a thorough overhaul of employment policies, ensuring that all practices are fair, transparent, and in full compliance with this fresh slate of regulations.

Subscribe to our weekly news digest!

Join now and become a part of our fast-growing community.

Invalid Email Address
Thanks for subscribing.
We'll be sending you our best soon.
Something went wrong, please try again later