Denial of Temporary Injunction Against Minneapolis Sick & Safe Leave Ordinance Affirmed

September 2017

Minnesota Court of Appeals Affirms District Court Decision and Leaves in Place Minneapolis Sick & Safe Leave Ordinance as Applied to Employers Residing Within Minneapolis City Limits

The Minneapolis Safe & Sick Leave ordinance, effective July 1, 2017, provides employees who work within Minneapolis for 80 or more hours in a year with one hour of leave for every 30 hours worked, with caps for accrual and carryover. Businesses with six or more full-time, part-time, or temporary employees must provide paid leave. Leave time may be used for the employee’s or a family member’s needs related to physical or mental health, domestic abuse, sexual assault, stalking, and school or workplace closings.

The Minneapolis Chamber of Commerce challenged the ordinance, claiming that the City lacked authority to enact it and that it is preempted by state law. It made a motion for a temporary injunction barring the City from enforcement. On January 19, 2017, HCDC issued a partial temporary injunction barring Minneapolis from enforcing the ordinance against employers who are not residents of Minneapolis. It denied the rest of the motion.

On September 18, 2017, the Minnesota Court of Appeals affirmed the decision. Therefore, the ordinance remains in place with respect to employers residing in Minneapolis.

The Minneapolis Chamber of Commerce has already announced that it is appealing the decision to the Minnesota Supreme Court. But in the meantime, employers who are Minneapolis residents are subject to the requirements of the ordinance. The St. Paul Safe & Sick Leave ordinance is similar, so St. Paul employers are likely also subject to its requirements.

If you have any questions about this decision, please contact Mary Rice at mary.rice@fmjlaw.com or call 952-995-9500.