Minnesota is taking a strong approach to combating the ongoing misclassification of workers as independent contractors, rather than true employees. New legislation took effect on July 1, 2024, in the form of amended Minn. Stat. § 181.722, which (1) prohibits misclassification of workers; (2) identifies clear tests for classifying workers; and (3) imposes strict and...

Legislation impacting all workplaces throughout the state and beyond was passed during Minnesota’s 2023 legislative session. This article highlights three employment law changes with widespread impact that all employers should know but may not have seen in the 279-page Minnesota labor omnibus bill Governor Tim Walz signed on May 16, 2023. Minnesota Noncompete Ban The...

Minnesota continues to expand leave benefits for employees caring for themselves and family members. With the passage of earned sick and safe time and the increased eligibility for pregnancy and parenting leave, Minnesota created a paid family and medical leave (“MNFML”) benefits program. This article highlights quick facts about MNFML. Beginning January 1, 2026, MNFML...

On February 9, 2023, the Wage and Hour Division of the U.S. Department of Labor (WHD) issued Opinion Letter FMLA2023-1-A clarifying an employee’s right to use leave under the Family and Medical Leave Act (FMLA) to reduce the employee’s work schedule. The right is guaranteed for eligible employees, irrespective of the availability of reasonable accommodations...

Minnesota’s CROWN Act—Enacted Minnesota’s Creating a Respectful and Open World for Natural Hair (CROWN) Act amended the definition of “race” under the Minnesota Human Rights Act (MHRA). Race, as a protected class under the MRHA, is now “inclusive of traits associated with race, including but not limited to hair texture and hair styles such as...

There are many areas of a job applicant’s life that a person may be curious about, but an employer should steer clear of. This article identifies some of the questions employers should avoid (Interview Don’ts) and things employers you should remember and do when interviewing applicants. Interview Don’ts: Don’t ask questions about membership in protected...

On March 1, 2022, the Equal Employment Opportunity Commission (EEOC) updated guidance regarding reasonable accommodations for sincerely held religious beliefs. This update answers important questions raised by employers following the publication of federal and state COVID-19 vaccination and testing emergency standards. The Occupational Safety and Health Administration emergency temporary standard, which Minnesota adopted but has...