In late July 2019, the Minnesota Department of Labor and Industry (DLI) released an update to its FAQ on Minnesota’s new wage theft law, including 37 new questions and answers to further clarify what is expected of employers under the statute. The new FAQ provides important guidance on several key points, while at the same time leaving other important questions unanswered. The following is a summary of several of the most commonly asked questions and DLI’s answers.
Joining a chorus of cities and states addressing concerns involving employers’ failure to properly calculate employees’ pay, or to pay them at all, allowing employees to work “off the clock,” or take unauthorized or illegal deductions, on August 8, 2019, the City of Minneapolis enacted an ordinance prohibiting “wage theft,” which will go into effect on January 1, 2020.
In our previous article, we summarized the key provisions of Minnesota’s new “wage theft” law. This article focuses specifically on the notices and disclosures employers are required to provide to their employees under the law, as well as new recordkeeping requirements.
The Minnesota Legislature wrapped up its 2019 legislative session with a one-day special session last month that resulted in the passage of an omnibus appropriations bill, the Jobs and Economic Development Omnibus. The legislation includes new and surprising notice and recordkeeping mandates for Minnesota employers and creates new civil and criminal penalties for “wage theft.” In addition, it grants more authority to the Minnesota Department of Labor and Industry (DLI) to enforce compliance with the new statute.
As the 2019 regular session of the Minnesota Legislature draws to a close, lawmakers in St. Paul are deadlocked on the budget bill. As a result, many of the bills we reported on in our previous articles are stalled in committee or unlikely to see final action this year. The legislature must end its regular session on Monday, May 20, 2019, and it’s unclear whether there will be a special session.
In part one of this series, we reported on several legislative developments in Minnesota that could impact employers. Now the Minnesota Legislature has proposed more bills affecting the workplace. These bills could alter the standard for sexual harassment, preempt local wage and sick leave laws, prohibit discrimination against unemployed job applicants, change the definition of “wage theft,” and further gender equality legislation.
The Minnesota Legislature is in session through May 20, 2019. This session promises to be very active with numerous bills affecting employers and the workplace. Major bills include paid leaves of absence (including family and sick leave), restrictions on an employer’s ability to access social media accounts, right-to-work legislation, vaccination exemptions, wage theft, and the legal standard for sexual harassment, and making available to a complaining party more information regarding the employer’s investigation and corrective action.
On May 23, 2017, Minnesota Governor Mark Dayton signed into law amendments to the Minnesota Human Rights Act (MHRA) that are intended to curb the flood of “drive-by” disability access lawsuits in the state.