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Minnesota Laws

Discover important state and local employment laws for Minnesota.
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Published: Jun 13, 2024

New Pay Transparency Law in Minnesota

New Pay Transparency Law in Minnesota
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Update Effective: January 1, 2025

In May, Minnesota passed a new law, in line with recent trends, which requires all employers with 30 or more employees in the state to include pay information in job postings beginning in January 2025. As part of these requirements, pay information includes either a fixed rate or a “good faith estimate” pay range, as well as a general description of benefits and “other compensation” (health insurance, retirement plans, bonuses, and others). 

Employers should review job postings and other related templates and procedures accordingly to ensure compliance with this new law.

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Published: Jan 18, 2024

Minnesota’s Pay History Ban Now in Effect

Minnesota’s Pay History Ban Now in Effect
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Update Effective: January 1, 2024

Minnesota’s Pay History Ban became effective on January 1, 2024. Minnesota employers are now barred from asking candidates for current or previous applicant's current wage, salary, benefits or other compensation during the hiring process. Employers should take immediate action to update and train hiring managers to ensure questions surrounding salary and pay are compliant with the new law.

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Published: Dec 14, 2023

Minnesota Publishes Sample Earned Safe Sick and Safe Time Notice

Minnesota Publishes Sample Earned Safe Sick and Safe Time Notice
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Update Effective: January 1, 2024

As previously reported, on January 1, 2024, Minnesota employers will be required to provide eligible employees with up to 48 hours of sick and safe time per year under the state’s Earned Sick and Safe Law (ESSL). The Minnesota Department of Labor and Industry (DLI) released an Earned Sick and Safe Time (ESST) sample notice, which must be given to employees on January 1, 2024 or their date of hire, whichever is later.

Employers must post the notice at each location where employees perform work; provide a paper or electronic copy of the notice to employees in English and an employee’s identified language; or prominently post the notice in a web-based platform through which an employee performs work. Additionally, the notice must be included in an employer’s existing employee handbook. Employers do not have to use the sample notice but must ensure any adapted notice includes all components of the ESST mandate.  

Employers should review their sick leave policies to comply with this state-level law and all applicable local laws.

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Published: Jul 13, 2023

Minnesota Legalizes Recreational Cannabis

Minnesota Legalizes Recreational Cannabis
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Update Effective: July 1, 2023 and August 1, 2023

On May 30, 2023, Governor Walz signed a bill legalizing cannabis for recreational use for adults over the age of 21 in the state of Minnesota. The law outlines reasons and cases for how and when employers may reasonably test or discipline employees for cannabis use. While personal use is not legal until August 1, 2023, several employment provisions in the bill take effect on July 1, 2023. Employers should continue to monitor updates and are encouraged to review their current policies and testing procedures in accordance with this law.

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Published: Jul 13, 2023

Minnesota Enacts Paid Family and Medical Leave Law

Minnesota Enacts Paid Family and Medical Leave Law
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Update Effective: January 1, 2026

On May 25, 2023, Governor Walz signed a state-wide bill that will offer eligible employees up to 20 weeks of paid family medical leave benefits per year. This paid family medical leave program will require all private and public employers, regardless of their size, to provide employees with leave, with paid benefits funded through employer and employee payroll tax contributions.

Employees will be entitled to job protection and continuation of health insurance coverage while on paid family medical leave. The paid leave benefits will be computed based on the state’s average weekly wage benefit amount and paid directly by the state (not the employer). Employers should stay tuned for more guidance and updates from the state about plan administration on this new program.

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Published: Jun 15, 2023

Minnesota Bans Noncompetes with Limited Restrictions

Minnesota Bans Noncompetes with Limited Restrictions
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Update Effective: July 1, 2023

Minnesota will prohibit non-compete agreements and clauses in contracts and agreements for employees and independent contractors beginning July 1, 2023, with limited exceptions. There is no retroactive effect to prior non-competes that were signed prior to the date this law takes effect. Non-competes may be permitted in certain cases during the sale or a dissolution of a business, with special provisions related to geographical area and/or a reasonable period of time.

Employers should review their employment agreement and contract templates and address the enforceability of non-compete agreement for active employees with their employment counsel to ensure compliance with the new state requirements.

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Published: Jun 15, 2023

Minnesota Earned Sick and Safe Leave Law Passed

Minnesota Earned Sick and Safe Leave Law Passed
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Update Effective: January 1, 2024

Beginning January 1, 2024, employers in Minnesota will be required to provide up to 48 hours of earned sick and safe time per year to eligible employees under the state’s Earned Sick and Safe Leave Law (ESSL). This law will apply to all Minnesota employers with one or more employees. Safe and sick leave policies may allow leave to be accrued or front-loaded and may allow up to 80 hours of unused sick leave to carry over from one year to the next (with some caveats if leave is granted in full at the start of the year). Employers will have to provide a written notice to all employees about their rights under the new law on January 1, 2024, or upon hire for employees starting after that date.

Minnesota employers must comply with both state and local laws; there are local sick and safe leave ordinances already in effect for Duluth, Minneapolis, St. Paul, and Bloomington (effective July 1, 2023). Employers should review and update their current sick and safe leave policies to meet the state and local requirements.

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Published: Jun 15, 2023

Extended Protections and Accommodations for Pregnant and Lactating Employees

Extended Protections and Accommodations for Pregnant and Lactating Employees
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Update Effective: July 1, 2023

In a law passed this May, lactation and pregnancy protections and accommodations are expanded for many employees in Minnesota, effective July 1. On top of existing lactation requirements, employers will need to allow greater freedom for lactation break timing, allow such breaks beyond the first year of a child’s arrival, and provide a “clean, private, and secure” place to express breast milk.

With this update, employers with one or more employees are now required to provide reasonable accommodations to pregnant employees; this was previously applicable only to employers with 15 or more employees. Reasonable accommodations may include temporary leave of absence, modified work schedule, assignment, or duties, and more frequent and longer breaks. Employees will also have to be provided with a notice informing them of their rights upon hire and when an employee inquires about parental leave.

Employers should review and revise their lactation, pregnancy-related, parental leave policies, and materials to reflect the new amendments.

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Published: Feb 16, 2023

Minnesota Prohibits Discrimination Based on Protective Hairstyles

Minnesota Prohibits Discrimination Based on Protective Hairstyles
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Update Effective: August 1, 2023

Minnesota is the latest state to expand their definition of racial discrimination to explicitly prohibit discrimination based on hairstyles associated with race. These natural or protective hairstyles include, but are not limited to, braids, locs, and twists. Employers should review their handbooks and policies, such as those regarding dress code and anti-discrimination, to ensure they are up to date before the law goes into effect this summer.

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Published: Dec 10, 2021

Amended Minnesota Law Expands Lactation Breaks and Pregnancy Accommodations

Amended Minnesota Law Expands Lactation Breaks and Pregnancy Accommodations
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Update Effective: January 1, 2022

Minnesota’s amended law relating to pregnancy accommodations and lactation breaks goes into effect in January. Employers are required to provide reasonable break times each day to employees who need to express breast milk in the 12 months following the birth of a child. Employers are prohibited from reducing an employee’s compensation for this break time. The employer coverage for pregnancy accommodations has been expanded to cover employers with 15 or more employees, and the amendment removes the required length of time and average number of hours per week thresholds for employee eligibility.

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Published: Sep 16, 2021

Amended Minnesota law expands lactation breaks and pregnancy accommodations

Amended Minnesota law expands lactation breaks and pregnancy accommodations
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Update Effective: January 1, 2022

Minnesota has amended its law relating to pregnancy accommodations and lactation breaks. Employers are required to provide reasonable break times each day to employees who need to express breast milk in the 12 months following the birth of a child. Employers are prohibited from reducing an employee’s compensation for this break time. The employer coverage for pregnancy accommodations has been expanded to cover employers with 15 or more employees and the amendment removes the required length of time and average number of hours per week thresholds for employee eligibility.

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Published: Aug 11, 2021

(Duluth): Amendments to the Sick and Safe Time Ordinance

(Duluth): Amendments to the Sick and Safe Time Ordinance
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Update Effective: August 19, 2021

Duluth has modified its Earned Sick and Safe Time (ESST) ordinance to allow employees to use this leave for missed work hours due to a closure of the place of employment for public health reasons. The ordinance also has new notice and distribution requirements, among other changes.

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This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.
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