Additionally,
both the “City of Lakes” and “The Most Livable City in America” have issued proposed
rules for public comment dealing with the implementation of their respective
ordinances. The proposed rules provide helpful guidance for employers seeking
to understand how to comply with the ordinances. The following are some of the
proposed rules that apply to both the Minneapolis ordinance and the St. Paul ordinance:
- Employers must keep records and bear the ultimate burden of proving which employees do not qualify for paid sick and safe time.
- Employers in both cities are not required to offer paid sick and safe time leave to covered employees for hours worked outside of the city. While many employers may adopt a universal policy that simply grants all employees the minimum amount of leave regardless of the location of the work performed, employees technically only accrue paid sick and safe time leave for hours worked within the respective city limits.
- Employers may satisfy the requirements of both ordinances by adopting a general paid time off policy which lumps sick and safe time with other paid leaves as long as the policy meets the minimum ordinance obligations.
- Complaints under both ordinances must be filed within one year of the violation.
In
addition, the proposed rules for the
Minneapolis ordinance make clear that it applies to all
covered employees, regardless of their immigration status. The Minneapolis ordinance
does not generally apply, however, to employees who attend conventions,
conferences, trainings, or classes in the City of Minneapolis, if no other work
is performed within the City. The City of Minneapolis has also published a
helpful frequently asked
questions document and an employer checklist.
The
proposed rules for the
St. Paul ordinance include substantially more guidance than that for the
Minneapolis ordinance. The proposed rules clarify that the ordinance does not
apply to independent contractors or temporary staffing agencies, but that
telecommuting employees are covered if their employer and telecommuting
location is based within St. Paul. Helpfully, the St. Paul proposed rules
clarify that salaried employees accrue paid safe and sick time leave based on
their expected hours worked each week only
up to 40 hours. The St. Paul proposed rules also discuss numerous other
topics, including how employers should deal with minimum leave usage, accrual
for on-call or seasonal employees, the compensation rate for tipped or
commissioned employees, recordkeeping, and notice requirements. The City of St.
Paul has also published a frequently asked
questions document and additional helpful documents.
Both
these rules may be revised, as necessary, following public comment periods ending
May 1, 2017.
Given
the approaching implementation date, employers should analyze their current PTO
policies to determine the amount of revisions, if any, that will be needed to
comply on July 1. That is, unless the whole ordinance is enjoined or the
preemption bill is signed into law. Either way, we will continue to keep you
informed.
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