2014 Legislative Updates: Employment Law

On Mother’s Day, Governor Mark Dayton signed the Minnesota Women’s Economic Security Act (“WESA”).  WESA modifies several existing laws, some of which went into effect immediately.  The laws affect both men and women. Employers should be aware that WESA imposes some minor and significant changes to Minnesota’s state employment laws, and it will be important for employers with as few as one employee to understand how the changes will impact their business. Employers are encouraged to contact FMJ’s employment law group for assistance in updating their practices, policies and employment handbooks.

Pregnancy Accommodations (21 or more employees) – This new statute, effective immediately, requires employers to provide reasonable accommodations to an employee for the employee’s medical or physical conditions related to pregnancy or childbirth (with written documentation), unless the accommodation would impose an undue hardship on the operation of the employer’s business.  An employee does not need to provide documentation (and an employer cannot claim undue hardship) for the following accommodations: (1) more frequent restroom, food, and water breaks; (2) seating; and (3) limits on lifting over 20 pounds.  Note, however, that an employer is not required to create a new or additional position in order to accommodate an employee.

Familial Status Amendment to the MHRA – Effective immediately and applicable to all employers, an individual’s familial status is now a protected class for employment purposes under the Minnesota Human Rights Act (“MHRA”).

Parenting Leave Amendment (21 or more employees) – Employee unpaid parenting leave (males and females) will be extended from its current six (6) weeks to twelve (12) weeks.  This leave will now include a female employee’s leave for prenatal care, incapacity due to pregnancy, childbirth, or related health conditions.  Further, the leave can now be taken anytime within 12 months after the child leaves the hospital. (Effective August 1, 2014).

Nursing Mothers Amendment (all employers) – Employers currently must provide reasonable unpaid break time and facilities to nursing mothers during the workday.  Starting on August 1, 2014, employers must ensure that the accommodating facilities are shielded from view, free from intrusion from coworkers and the public, and have access to an electrical outlet.  The definition of “employee” has been expanded to include an employee who has worked for 12 months prior to the leave, regardless of whether or not it was consecutive.

Sick Leave/Care of Relatives Amendment (21 or more employees) – Currently, employees may use sick leave absences due to an illness of or injury to the employee’s child, adult child, spouse, sibling, parent, grandparent, or stepparent.  This leave will now extend to an illness of a grandchild, mother-in-law, and father-in-law, as well as an employee’s or a relative of an employee’s “safety” (assistance due to sexual assault, domestic abuse, or stalking).  Employers may still limit the use of sick or safety leave to 160 hours in any 12-month period.  (Effective August 1, 2014).

Wage Disclosure (all employers) – This new statute prohibits employers from preventing an employee from disclosing his or her own wage as a condition of employment. All employers that maintain employment handbooks must now provide a provision in the handbook that notifies employees of their rights and remedies under this new law. (Effective August 1, 2014).

Women Entrepreneurs Act – This new and limited Act provides development grants to “high economic impact” women-owned businesses in 2014.  Grants will facilitate the creation and expansion of high-growth, high-revenue for a women-owned business in the field of construction, transportation, warehousing, agriculture, mining, finance, insurance, professional, technical or scientific services, technology, or other high economic impact businesses.  Contact FMJ for more information or assistance in applying for a Women Entrepreneurs Act grant.

Pay Equity in Government Contracts – Private businesses with more than 40 employees that have State of Minnesota contracts of $500,000 or more must ensure compliance with equal pay laws.  (Effective August 1, 2014).

WESA also contains other provisions for program funding to help women in apprenticeships and jobs, retirement savings plans, grants for nontraditional jobs, and extends additional protections for victims of domestic abuse, sexual assault and stalking.  For additional information, please feel free to contact FMJ.

Most employers will need to update their leave policies, handbooks, and other related practices to ensure compliance with WESA.  One common misconception is that if an employer already complies with federal laws (such as FMLA or equal pay) than they will automatically be in compliance with WESA.  This is not always the case as some of Minnesota’s employment laws are broader than their federal counterparts; therefore, many employers may need to modify their policies to conform to Minnesota law.

For further questions on WESA or Minnesota and federal employment laws, please contact FMJ’s employment law group.

Fafinski Mark & Johnson’s HR & Employment and Litigation groups can be reached at 952.995.9500.

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