First Minneapolis Sick Leave Case Settles – That Was Quick

Last week, it was reported that the City of Minneapolis settled its first case involving the City’s sick leave ordinance.  The employer apparently agreed to pay the aggrieved employee $11,000 to resolve the matter.

According to the newspaper report, the employee filed a complaint with the City after he was retaliated against by his employer (a Minneapolis gas station) for trying to use sick leave.  Specifically, the employee alleged that in September 2017 his employer tried to force him to find a replacement when he attempted to leave early because he was sick.  In addition, the employee alleged that he was left off the schedule and thus effectively terminated, following his use of sick leave.

The $11,000 settlement payment was designed to compensate the employee for lost wages.  As we wrote in Minneapolis Prescribes Mandatory Sick Leave back when the ordinance was being finalized, the City can order an employer to pay back pay or to provide employees with sick leave if it was not provided.  In addition, employers can face administrative penalties of $1,500 for violating the confidentiality, discrimination, or retaliation protections set forth in the ordinance.  Failure to keep adequate records can also result in a $50 per day fine after the City provides the employer with notice of the violation.

Bottom Line

While this is the first, this certainly will not be the last employer who is hauled before the Minneapolis Department of Civil Rights to account for allegations of violating the sick leave ordinance.  Minneapolis employers can and should review their sick leave policies with managers and other front-line supervisors to ensure that employees do not experience discrimination or other retaliation for requesting or using sick leave.

Finally, if you have not yet adopted a policy designed to comply with this new ordinance, do not wait one more day to do so!