On January 10, 2024, the U.S. Department of Labor (DOL) published its final rule changing its existing test to determine whether a worker is an independent contractor or an employee under the Fair Labor Standards Act (FLSA). The new rule largely rescinds the more employer-friendly five-factor test issued under the Trump Administration, reverting back to ...
The 2023 legislative session saw a substantial number of changes to employment laws in Minnesota. As you and your business enter 2024, the team at Winthrop & Weinstine has prepared a summary of the changes that may impact your business, as well as helpful checklists to guide you as you comply with those changes. Sick ...
Beginning January 1, 2024, employers will be required to provide to Minnesota employees “earned sick and safe time”, or paid leave that can be used for certain reasons, including when an employee is sick, to care for a sick family member or to seek assistance if an employee or their family member has experienced domestic ...
October 24, 2023
Over the summer, the Minnesota State Legislature passed a new earned sick and safe time (ESST) law that goes into effect starting January 1, 2024. Governor Tim Walz signed the new amendments into the current sick and safe time law, as part of an omnibus jobs and economic development bill. The law requires employers to ...
The New Standard on Employer Rules and Policies Last month, the NLRB issued a ruling in the Stericycle case adopting a new legal standard regarding policies surrounding an employee’s right to organize. Under Section 7 of the National Labor Relations Act, workers have the “right to self-organization, to form, join, or assist labor organizations, to ...
Laura Pfeiffer and Mark Pihart will be presenting, “Legalized Cannabis: What Your Business Needs to Know,” on September 12, 2023. If you’re a business owner or manager, you may still have questions about how to deal with legalized cannabis. This webinar, sponsored by all Lakes Area Chambers of Commerce, will discuss: What rights do Minnesotans have ...
September 12, 2023
Beginning August 1, 2023, recreational cannabis use and possession will be legal in Minnesota. While a number of details surrounding recreational cannabis are still being ironed out, employers are likely to be among the first to feel the impact of this major change for the state. Businesses operating with employees in Minnesota should take steps ...
July 25, 2023
Winthrop & Weinstine attorney Mark Pihart will be presenting, “Business Impact of the New Minnesota Employment Laws,” on June 14, 2023. The presentation will take place at the Vistage, a trusted CEO Coaching and Peer Advisory Organization.
June 14, 2023
Minnesota Governor Tim Walz is poised to sign an omnibus bill recently passed by the Minnesota state legislature, which includes provisions that would broadly ban non-competition agreements throughout Minnesota beginning on July 1, 2023. Once the bill is signed into law, Minnesota will become the fourth state in the country to have a similar ban ...
The Minnesota Legislature has passed legislation legalizing adult recreational cannabis use. The bill has been approved by both the House and Senate, and has been sent to the Governor’s desk for approval. This is a mere formality as Governor Walz has pledged to sign the bill into law. Generally speaking, the law permits recreational cannabis[1] ...
In a recent decision issued in late February 2023, the National Labor Relations Board (“NLRB”) held that the “mere proffer” of severance agreements with broad non-disparagement and confidentiality provisions violate the National Labor Relations Act (“NLRA”). In McLaren Macomb, the employer-hospital provided severance agreements to 11 furloughed employees; [1]. the severance agreements contained the following ...
The Minnesota legislature recently passed a bill that will prohibit discrimination against a person based on hair texture and hair styles that are associated with race. Approximately 20 states have passed similar measures, commonly referred to as “CROWN Acts,” which stands for “Creating a Respectful and Open World for Natural Hair.” Supporters of CROWN Acts ...