On May 30, 2017, Minnesota Governor Mark Dayton vetoed the state preemption bill passed by the Minnesota legislature. The bill would have prevented local governments from adopting their own wage and benefit ordinances, such as the paid sick and safe leave ordinances passed by Minneapolis and Saint Paul. (For more on the bill, see our article, Preliminary Rules Released for Minneapolis and Saint Paul Sick Leave Ordinances.)
The Minneapolis and Saint Paul sick and safe time ordinances will be enforced only against employers residing within the respective cities — at least for now. The Hennepin County District Court’s temporary injunction prohibiting the City of Minneapolis from enforcing its ordinance against employers residing outside of the city is on appeal, with oral argument scheduled for July 11, 2017. The City of Saint Paul has confirmed that it would enforce its ordinance only against employers physically located within the City. Employers should monitor developments as the scope of the ordinances may change.
The City of Minneapolis and the City of Saint Paul have provided preliminary rules, answers to frequently asked questions, workplace posters, and other resources to help employers determine if they are covered by the ordinances, as well as to track the accrual of employee leave.
It is important for affected employers to review their current paid time off (PTO) and sick leave policies to determine compliance with the ordinances in their current form, as well as update their employee handbooks with the notice provisions required by the ordinances.