New Employment Laws
Are you aware that…
* it is illegal in Minnesota for employers to misclassify workers as independent contractors when they are actually employees?
* in Minnesota the misclassification of workers as independent contractors when they are actually employees is considered wage theft?
* in Minnesota the misclassification of workers as independent contractors when they are actually employees has the potential for civil and criminal consequences?
* in Minnesota there is a 14-factor test that an employer must meet to show that construction workers are classified correctly as independent contractors?
* in Minnesota a sole proprietor and an unincorporated association are included in the definition of “business entity” under the 14-factor test that an employer must meet to show that construction workers are classified correctly as an independent contractor?
* starting July 1, 2025, employers can require reasonable notice for unforeseeable earned sick and safe time (ESST) absences?
* starting July 1, 2025, employers can require reasonable documentation when an employee uses ESST for more than two consecutive scheduled workdays?
* starting July 1, 2025, employees can voluntarily trade shifts to cover ESST?
* starting January 1, 2026, if an employer advances ESST to an employee based on the employee’s anticipated work hours for the remainder of the year that the employer must make up the difference with additional ESST if the employee’s actual hours worked falls short?
* there is a Nursing Home Workforce Standards Board Act in Minnesota that has adopted rules on minimum wage and holiday pay?
* nursing home workers in Minnesota covered under the Nursing Home Workforce Standards Board Act are entitled to holiday pay as of July 1, 2025?
* covered nursing home workers are entitled to holiday pay for 11 state holidays?
* covered nursing home workers in Minnesota can exchange up to four holidays from the standard state holidays for alternative days if a majority of affected workers, or their exclusive representative if the workers as part of a union agree with the employer to do so?
* nursing home employers are required to provide notice to nursing home workers informing nursing home workers of the rights and obligations provided to them under the Nursing Home Workforce Standards Board Act or by the Board?
* nursing home worker means any worker who provides services in a nursing home in Minnesota excluding administrative staff, medical and nursing directors, physicians and individuals employed by a supplemental nursing services agency?
The material contained herein is for informational purposes only, and is not intended to create or constitute an attorney-client relationship between Spangler and de Stefano, PLLP and the reader. The information contained herein is not offered as legal advice and should not be construed as legal advice.