(This is an emerging issue as of the date of this writing—April 25, 2025.  Further legislation, rulemaking, administrative interpretation, litigation, or smarter attorneys may change or improve upon the analysis below.) As we approach January 1, 2026—the date on which Minnesota’s Paid Family Leave Act (Minnesota Statutes Chapter 268B) takes effect—employers and employment attorneys are...

When employers classify an employee as exempt from the Fair Labor Standards Act’s (FLSA) overtime-pay and minimum-wage requirements, the employer must demonstrate that the employee qualifies for an exemption.1 In litigation, it would be said that the employer “bears the burden of proof.” But how high is the bar for proof? In criminal cases, the...

Editor’s Note: This article was written on March 12, 2025. The statutes at issue are currently being debated by the legislature. Future legislation and caselaw may alter the decisions discussed herein. When the Minnesota Legislature rolled out Earned Sick and Safe Time (ESST) in 2023, most employers and HR professionals focused on the benefits the...

Employees can spend thousands of hours working with their coworkers annually. Thus, it is no surprise that the workplace has become a dating pool for some employees. Unfortunately, this can create problems for employers. Obvious issues include decreased productivity and indecent public displays of affection at work amongst dating employees. Safety concerns may also arise...

Receiving a charge from the Minnesota Department of Human Rights can feel like a complex and time-consuming process for employers. However, understanding the Minnesota Department of Human Rights procedure for investigating reports of discrimination can ensure you are equipped to manage a Minnesota Department of Human Rights charge if one comes your way. WHAT IS...

On July 1, 2024, the new Minnesota right to repair law took effect, resulting in a major shift in what information and materials product manufacturers must be ready to provide buyers and repair businesses. This new act, titled The Digital Fair Repair Act[1], is intended to provide buyers with the ability to conveniently repair the...

Immediate Action Items for Employers: Recalculate “base rate” for any employee paid on anything other than a standard wage. If you presently scrutinize employees’ requests for ESST, consider approving it as a matter of course. Aling use of ESST to the increments in which you pay. Ensure your paystub includes the necessary information. Make a plan to keep pay and ESST information for 3 years. If you are offering paid leave above the ESST minimums, ensure that you are offering it on the same terms as ESST; or consider ceasing to offer excess.