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Quick Hits
- Minnesota’s legislative session will conclude with an omnibus bill introducing significant proposed changes to labor and employment laws, with more developments expected by the end of the session on May 19, 2025.
- A provision in the omnibus bill would mandate that Minnesota employers provide a thirty-minute meal break for employees working six or more consecutive hours and a fifteen-minute rest break every four hours, with penalties for noncompliance.
- SF 3045 / HF 2783 would prohibit employers from retaliating against employees for their political contributions or activities, with violations classified as gross misdemeanors and provisions for civil action.
Omnibus Budget and Policy Bills
Several omnibus bills have emerged that may impact employers. An omnibus bill is a large bill generally made up of numerous smaller bills on the same broad topic. Often, the smaller bills are heard in committee and then laid over for possible inclusion in the omnibus bill rather than passing each bill separately.
Senate File (SF) 1832 / House File (HF) 2440
SF 1832 passed in the Senate and currently sits with the House of Representatives for comparison with HF 2440.
Meal and Rest Breaks
The legislature snuck in a provision to this omnibus bill that would impact Minnesota’s meal and rest break laws. Minnesota meal and rest break statutes are currently vague, stating that employers must provide employees working eight or more hours with “sufficient time” to eat a meal and with “adequate time” to use a restroom every four hours. The omnibus bill would:
- allow each employee working six or more consecutive hours a meal break of at least thirty minutes; and
- allow each employee a rest break of at least fifteen minutes or enough time to utilize the nearest convenient restroom, whichever is longer, within each four consecutive hours.
If an employer fails to provide said meal and rest breaks, the employer would be liable to the employee for the meal or rest break time that should have been provided at the employee’s regular rate of pay, plus an additional equal amount as liquidated damages. Additionally, the commissioner could assess a penalty of up to $1,000 per employee per day during which meal or rest breaks are not provided as required.
Should this bill pass, employers may want to review their meal and rest break policies and make appropriate changes.
Employer Unemployment Penalties
This provision of the omnibus bill would increase penalties for employers that misrepresent or make false statements to the state’s unemployment insurance program, which is administered by the Minnesota Department of Employment and Economic Development, to 100 percent instead of the current 50 percent of the amount of overpaid benefits to the applicant, the amount of benefits that the applicant would have been entitled to, or the amount of the special assessment.
Commissioner’s Injunctive Relief
This provision of the omnibus bill would grant the commissioner of the Minnesota Department of Labor and Industry the power to not only bring civil actions but also seek an “order enjoining and restraining violations” against employers that violate various labor and employment statutes.
The Senate passed a version of this omnibus bill, but the House amended it. The revised omnibus bill will be headed back to the Senate.
Namely, a provision of this omnibus bill seeks to strengthen tribal medical cannabis programs, including by expanding the nondiscrimination provisions to include “the person’s status as an individual enrolled in the registry program” or “the person’s status as a Tribal medical cannabis program patient.”
Amongst other provisions, the omnibus bill prohibits retaliation “against a patient” who asserted rights or sought remedies under the law and provides for injunctive relief. If the omnibus bill passes, Minnesota employers would be required to provide “written notice to a patient at least 14 days before […] tak[ing] an [adverse] action.” The written notice would need to cite the specific federal law or regulation the employer believes would be violated if they fail to take action.
SF 3045 had its third reading and was passed to the House for reading and comparison to HF 2783. Once received by the House, the omnibus bill was amended and passed. However, the Senate did not concur with the House bill amendment and requested a conference committee be convened. On May 5, 2025, both House and Senate conference committees were convened to compromise on the language of the bill. If they reach a compromise, their agreement must be passed by both bodies before it can be sent to the governor.
Notably, SF 3045 / HF 2783, with limited exceptions, would explicitly prohibit employers (defined as a person or entity employing one or more employees) from economic reprisal against individuals due to their political contributions or political activity, “including for becoming a candidate or local candidate for elected public office,” or due to “refusal to communicate with public or local officials to influence a decision about a legislative or administrative action or the official action of a political subdivision.” Violation of this section would be considered a gross misdemeanor, and the statute would provide for a right to bring a civil action for damages, injunctive relief, costs, and attorney fees, and any other just and equitable relief, including reinstatement.
New Bill Signed Into Law
Yesterday, Governor Tim Walz signed HF 688 / SF 1317 into law. This law affords full and equal access to all housing accommodations to individuals actively training service dogs. Previously, these accommodations were available only to individuals with disabilities who had service dogs. The new law would allow individuals training service dogs not to pay extra fees for the dogs in training. These individuals would still be liable for any damage done to the premises by the service dog in training. Notably, this protection would only be limited to service dogs in training under the supervision of an organization accredited by Assistance Dogs International or the International Guide Dog Federation. The law specifies that landlords or boards of homeowners’ associations may require written certification from the supervising organization.
Ogletree Deakins’ Minneapolis office will continue to track developments and will publish updates on the Minnesota blog as more information becomes available.
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