The following employment laws take effect August 1, 2024, and apply to employers of all sizes.
ANTIDISCRIMINATION LAW EXPANDED
Minnesota’s antidiscrimination statute has had minor updates to several definitions.
First, the definition of disability has been updated to include impairments that are episodic or in remission if they would materially limit a major life activity when active. This brings Minnesota’s definition in line with the federal Americans with Disabilities Act (ADA) (which only applies to employers that have 15 or more employees).
Second, the definition of discriminate has been broadened to include any form of harassment, not just sexual harassment.
Finally, the definition of familial status has been broadened to include, among other things, having custody of a minor child (even when they don’t live with you) and caregiving for an incapacitated person whom the employee lives with.
Action Item
If your Equal Employment Opportunity (EEO) policy includes these definitions (which is unlikely), update it by August 1.
EARNINGS STATEMENTS MUST BE RETAINED
All employers must keep a record of earnings statements for each nonexempt employee for every pay period for at least three years as part of their recordkeeping requirements under the state’s Fair Labor Standards Act. While federal law already requires that pay records of nonexempt employees be kept for three years, the state law is more specific in requiring that earnings statements (aka pay stubs) be retained.
PREGNANCY AND PARENTING LEAVE CHANGES
The provisions regarding the continuation of benefits in the Pregnancy and Parenting Leave law and the pregnancy accommodations law have been updated to align with the state’s upcoming Paid Leave law.
Employers are required to maintain coverage and continue paying their share of any group insurance premiums during any period of benefits or leave granted under these statutes. Employees are responsible for maintaining their portion of the premium payments.
Additionally, employers can’t reduce an employee’s Pregnancy and Parenting Leave entitlement by any period of paid or unpaid leave an employee takes for prenatal care medical appointments.
Action Item
Adjust language in your policies as needed and ensure that you pay the group insurance premiums during covered pregnancy and parenting leaves.
TIPS RECEIVED BY ELECTRONIC MEANS
Employers must credit any tips an employee receives through electronic means (like a credit card) in the pay period they are received and must distribute the full amount of the tip that was indicated in the payment to the employee no later than the next scheduled pay period.
Action Item
Work with your payroll or accounting department to ensure tips are distributed in a timely fashion and are not reduced by credit card service (or other) fees.
ORAL FLUID DRUG TESTING
Employers will be permitted to conduct applicant and employee oral fluid (saliva) testing for drugs, alcohol, and cannabis under specific circumstances, without having to use a testing laboratory to conduct the initial test. The law requires that employers follow specific procedures regarding notifying the employee of the test results and confirming a positive test result at an employee’s request. Due to the overall complexity of Minnesota’s employment drug testing laws, we recommend consulting with an attorney if you’re interested in doing this kind of testing.