Perhaps you haven’t heard but there’s a presidential election coming up on November 8, and Minnesota employees, both public and private, are legally entitled to time off from work with pay in order to vote.
The law in question, Minnesota Statute §204C.04 provides:
“Every employee who is eligible to vote in an election has the right to be absent from work for the time necessary to appear at the employee’s polling place, cast a ballot, and return to work on the day of that election, without penalty or deduction from salary or wages because of the absence. An employer or other person may not directly or indirectly refuse, abridge, or interfere with this right or any other election right of an employee.”
Employers may ask that their employees give notice of their intention to be absent, and also may ask them to schedule their absences so as not to impair production. However, this statutory right to vote may not be denied so if the employees are not inclined to honor these requests, there probably is little that the employer can do.
Bear in mind that the statute only permits the employee to be gone for the purpose of voting and going to and from the voting place. It is not a license to take an entire morning or afternoon off or to do some errands along the way. Make sure your employees understand this ahead of time.
Overtime Changes Coming December 1
Remember too that the change in the Department of Labor’s salary threshold for overtime exemption takes effect on December 1. As of that date, to meet the test for being exempt from overtime, employees must earn a salary of at least $913.00 per week ($47,476 annually). As before, these employees also must perform bona fide executive, administrative or professional duties as those terms are defined in the Department of Labor’s regulations.
The new threshold means that a number of employees who are currently deemed exempt because they meet the existing threshold of $455.00 per week ($23,660 annually) now must be raised up to the new minimum or be treated as a nonexempt employee who is eligible for overtime.
For some guidance on how to implement this change, see our previous post entitled Some Helpful Reminders About the Impending Overtime Changes.
Retaliation Guidelines
Finally, please recall that the Equal Employment Opportunity Commission (EEOC) has issued their new Enforcement Guidance on Retaliation and Related Issues. This document provides great insights on how the EEOC interprets this area of law and offers what they consider their “promising practices” to help employers avoid retaliation claims. Those practices include:
– Maintaining a written anti-retaliation policy;
– Training all managers, supervisors, and employees on the employer’s written anti-retaliation policy;
– Providing anti-retaliation advice and individualized support for employees, managers, and supervisors;
– Proactive follow-up while EEO mattes are pending to insure that retaliation is not occurring; and
– Reviewing all employment actions (e.g. terminations, discipline, salary decisions) to insure that retaliation played no role.
You can learn more about the Guidelines by reading our article entitled EEOC’s Guidance on Retaliation is Final – Prepare the Floodgates.
Bottom Line
The coming election likely means a number of changes for employers in the future. Before that even happens, however, employers need to be up to speed on the new overtime regulation and the EEOC’s increasing emphasis on retaliation claims.