As you may have heard recently, the Minnesota Legislature passed the Minnesota Frontline Worker Pay Law. This law established a fund to provide bonuses to eligible workers who were employed in certain frontline job sectors for at least 120 hours between March 15, 2020, and June 30, 2021, and whose job duties required them to work on-site and within close proximity to others outside of their household during that time. Full details and guidance regarding worker eligibility, the application process, and other aspects of the new law can be found on the designated information website for the bonus program (which can be accessed here).
While the potential amounts and eligibility for bonuses have gotten a significant amount of media attention, another important aspect of the new law is the employer notice requirement that applies to businesses in any of the specified frontline job sectors. This alert summarizes some of the compliance steps that employers will need to take by June 23, 2022.
Before we get into the specific notice requirements, it is important to understand which employers are covered. The notice requirement applies to businesses that employ workers in one or more of the following job sectors:
- long-term care and home care;
- health care;
- emergency responders;
- public health, social service, and regulatory service;
- courts and corrections;
- child care;
- schools (including charter schools, state schools, and higher education);
- food service (including production, processing, preparation, sale, and delivery);
- retail (including sales, fulfillment, distribution, and delivery);
- temporary shelters and hotels;
- building services (including maintenance, janitorial, and security);
- public transit;
- ground and air transportation services;
- manufacturing; and
- vocational rehabilitation.
Within the next two weeks, covered employers will need to comply with the notice obligations including, among other things, the following:
- Businesses in any of the above sectors must provide notice to their current workers, advising them of the benefit that is potentially available under the program and how to apply for it.
- The Minnesota Department of Labor and Industry (DLI) has released an approved notice form that employers can use in order to comply with the notice requirements. The approved form is available on the agency’s website at https://www.dli.mn.gov/notice. The notice must be provided within 15 days after DLI begins accepting applications from employees. The application period opened today, and DLI has confirmed that it will accept applications through July 22, 2022. As such, covered employers will need to provide the required notice to employees by no later than June 23, 2022.
- The law specifies that employers must provide the notice using the same method that they normally use for disseminating other work-related notices to employees. However, an employer may need to provide the notice in a secondary format if the normal method would not effectively be seen by all potentially eligible workers. For example, if an employer’s regular practice is to post physical copies of employee notices on bulletins at the company’s worksites, remote employees who do not work on-site can be notified via another form of conspicuous notice, such as by sending either a paper or electronic copy of the approved notice form. Employers that hire new employees during the 45-day application period should also make sure that those employees are notified.
Bear in mind that although employers have an obligation to notify employees about the bonus program, employers are not expected to determine individual eligibility. Employees will apply through the application portal (available here) and the appointed state agencies will review applications, verify eligibility, and calculate the amount of each eligible worker’s bonus. Employees who have questions about the process or eligibility can obtain up-to-date guidance, application instructions, and responses to frequently asked questions by visiting the designated website.
If you have questions about the Minnesota Frontline Worker Pay Law, our team of HR & Employment Advising attorneys is available to answer your questions or to help with compliance actions. Please reach out to Shannon McDonough at shannon.mcdonough@fmjlaw.com or Natolie Hochhausen at natolie.hochhausen@fmjlaw.com.
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