
- Paid leave (generally).
- Medical leave.
- Family leave.
- Work shift scheduling requirements.
- Wage theft protection.
- Sexual harassment standard.
- Statewide preemption on wage and benefits laws.
The Governor just announced last evening (May 23) that he
would call a short special legislative session to allow the Legislature to pass
some remaining omnibus budget bills. It
is expected to be a short session, likely running for three days.
Wage theft protection language was agreed to this week by
the Legislature, after the close of the session, and will be included in a
special session omnibus jobs bill. The omnibus jobs bill will include
provisions on: employer-mandated record keeping (on wages, hours worked, benefits,
etc.); notice to employees on mandatory wage and benefit information and acknowledgement
forms to be signed by employees; penalties for violations of the new laws;
enforcement provisions; and other miscellaneous points. The statutory penalties
include elevating wage theft of $1,000 or more to become a felony. The new laws
will take effect August 1, 2019, if signed into law by the Governor, as
expected. Final language for the various statutory amendments and additions is
not yet available.
No other labor provisions that had been under consideration
in one legislative body or the other were included in the omnibus jobs bill.
Potential bills on a modification of the sexual harassment
standard, in particular, received significant attention
in the Legislature and received support from both parties. The proposed legislation would change the
definition of sexual harassment under Minnesota law to provide that sexually
offensive behavior need not be “severe or pervasive” in order for it to form
the basis for a sexual harassment claim. Any such change in the law could
significantly expand employers’ liability for sexual harassment claims.
Given the significant amount of focus by both arms of the
Minnesota legislature in the past year, the next legislative session appears
likely to see much of that activity carry over. The split in political party
control in the Minnesota legislature, with Republican control of the Senate and
Democratic control of the House, may make it difficult for many of the
previously pursued, but not passed, bills to ultimately obtain passage. The
modification of the sexual harassment standard is perhaps the most likely to
gain further traction with the Legislature.
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