We
recently alerted you to proposed legislation that, if passed, would expand
last year’s Minnesota Women’s Economic Security Act (WESA) by requiring paid “sick
and safe” time off benefits for almost all Minnesota employees and extending
pregnancy accommodation and parental leave obligations to all Minnesota
employers. You should be aware that Minnesota
lawmakers are at it again. Late last
month, additional legislation (HF 1093 and SF 1085) was proposed that is aimed at
benefiting working parents. Together
with the earlier proposed sick and safe leave bill, the legislation is being
referred to as the “Working Parents Act.”
If
enacted, the Working Parents Act would considerably expand WESA and impose a
number of significant new obligations on all
Minnesota employers related to work schedules, pay, breaks, and flexible
work schedules. While most of the
proposed changes appear to be the type that would normally be aimed at
non-exempt employees subject to timekeeping and overtime pay requirements, the
legislation is drafted to extend to all
employees – whether exempt or non-exempt. As currently proposed, the “Working Parents Act” would include the
following new requirements:
Fair
Scheduling: All Minnesota employers would be required to:
- Provide each employee a written work schedule, including any on-call time, at least 21 days in advance;
- For new employees, provide a written work schedule on or before the beginning of employment covering the employee’s first 21 days;
- Notify each employee of any changes in his/her work schedule before the change takes effect and provide a revised written work schedule reflecting the changes within 24 hours of making the change;
- Post a written schedule of the shifts of all current employees at the worksite, whether or not they are scheduled for work or on-call that week, at least 21 days before the start of each work week and update the posting within 24 hours of any change;
- Start an employee’s work week on the same day of each week;
- Not require an employee to work hours not included in the employee’s written work schedule without the employee’s written consent; and
- Not require an employee to seek or find a replacement employee for any shifts or hours the employee is unable to work.
- If the change or cancellation is made less than 21 days but more than 24 hours in advance, the employer would pay the employee one hour of “predictability pay” in addition to the wages earned during the changed shift;
- If the change is made less than 24 hours in advance, but does not reduce the total hours of the shift, the employer would pay the employee one hour of “predictability pay” in addition to the wages earned during the changed shift; and
- If the change or cancellation is made less than 24 hours in advance and reduces the total hours of the shift, the employer would pay the employee “predictability pay” equal to the lesser of four hours or the number of hours originally scheduled, in addition to the wages earned during the changed shift.
Nondiscrimination Based on Hours of Work: Minnesota
employers could not pay employees a different rate of pay based on the number
of hours the employee is scheduled to work. In addition, employers could not condition eligibility for leave, time
off, raises, or promotions on the number of hours an employee is scheduled to
work, but would be able to pro-rate employee leave or time off based on hours
worked.
Right to Rest: Employees
would have the right to decline work hours that occur either: (1) less than eleven
(11) hours after the end of the employee’s prior shift or (2) during the eleven
(11) hours following the end of a shift that spanned two days. Employers would be required to compensate
employees who do work such hours at one and one-half times the employee’s regular
rate of pay.
Rest and Meal Breaks: The new law
would require one paid rest break of at least 10 minutes for every four
consecutive hours of work and one unpaid meal break of at least 30 minutes for
employees who work at least five consecutive hours.
Interactive
Process for Flexible Work Arrangements: All Minnesota employers would be
required to engage in an “interactive process” in response to an employee’s
request for a “flexible working arrangement,” such as a modified work schedule,
changes in start and end times, a predictable and stable schedule, part-time
employment, job sharing, telecommuting, changes in job duties or work site, or
partial-year employment. If the
employee’s request is based on the employee’s serious
health condition, responsibilities as a caregiver, enrollment in a
career-related educational or training program, or, in the case of part-time
employees, second job, the employer “must grant the request.”
In addition, the proposed Working Parents Act would:
- Require employers to offer additional hours of work available in existing positions to current qualified employees before hiring new employees or contractors.
- Require employers to provide written statements with detailed information about the terms and conditions of employment to employees annually and at the time of hire.
- Increase potential penalties for violations of Minnesota wage and hour laws and potential criminal liability for some violations of the Minnesota Fair Labor Standards Act.
- Increase the statute of limitations to six years for any claims for the recovery of unpaid wages or overtime.
Stay tuned for developing information about this proposed Minnesota legislation. If so inclined, readers can contact their state representatives to voice their opinions on the Working Parents Act.
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