Minnesota Pay Transparency Law 2025
Certain Minnesota employers will be required to disclose starting salary ranges, or a fixed pay rate, in all job postings beginning January 1, 2025.
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Minnesota Employment Law
Can You Be Liable for an Independent Contractor’s Negligence?
Companies operating in Minnesota might be held responsible for inadequately screening their independent contractors or their employees.
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2024 Minnesota Legislative Changes Impacting Employers
The 2024 Minnesota Legislative Session, while not as seismic as 2023, brought many changes that may require adjustments to employers’ practices and policies.
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New Minnesota Law Makes Significant Changes to Independent Contractor and Employment Laws
Governor Tim Walz has signed into law significant changes to Minnesota’s independent contractor and employment laws. Effective July 1, all employers, as well as their owners, risk significantly increased penalties for misclassifying employees as independent contractors. Construction industry employers, however, should be especially vigilant in ensuring their independent contractors are properly classified.
Amendments to Minnesota Human Rights Act (MHRA)
Minnesota Governor Tim Walz signed a bill significantly amending the Minnesota Human Rights Act (MHRA) on May 15, 2024. The MHRA, otherwise known as Minnesota’s anti-discrimination statute, already prohibited discrimination in employment on the basis of race, color, creed, religion, national origin, sex, gender identity, marital status, disability, status with regard to public assistance, sexual orientation, familial status, and age.
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New Federal Regulations on Overtime
The U.S. Department of Labor released a final rule on April 23, 2024, raising the salary threshold to qualify for certain overtime exemptions under federal law. Most importantly, it significantly raises the minimum salary threshold for certain “white collar” workers—executives, professionals, and administrative personnel. If the rule takes effect, employers will need to raise those employees’ salaries or reclassify them as eligible for overtime.
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Coming Soon: New Federal Overtime Rule
The White House Office of Information and Regulatory Affairs (OIRA) completed its review of the updated federal overtime rule on April 10, 2024. We can expect publication of the final rule in the Federal Register any day now, with an effective date likely 60 days after publication.
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An Example of An Employer Documentation Pitfall
Employment lawyers and human resources professionals regularly preach that managers must document employee performance issues as a best practice so that if/when that manager wants to terminate the employee, the company has the “receipts” to justify the decision.
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Earned Sick & Safe Time: St. Paul MN Differences
St. Paul revised its ESST Ordinance in October 2023 to align with Minnesota’s ESST law, which went into effect January 1, 2024. The new guidance called “Final Rules” helps employers understand how the HREEO will enforce the recently revised St. Paul Ordinance.
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New Independent Contractor Classification Rule
On Jan. 9, the United States Department of Labor (DOL) released details regarding its final rule on the classification of independent contractors under the Fair Labor Standards Act (FLSA), and on Jan. 10, the DOL published the rule itself, available here. DOL indicated that the intent of the new regulation was to bring the regulatory framework in line with the FLSA itself, as well as judicial precedent interpreting the law.
Determining whether an individual should be classified as an independent contractor or an employee is relatively complex, and the proper analysis has been the subject of a decades-long debate by courts and administrative agencies, with various standards utilized and evolving over time.
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