New Year: New Laws. What Every Minnesota Company Needs to Know

January 1 and July 1 are common effective dates of new and modified laws.  This January 1 was no different ringing in three major changes that Minnesota employers need to know about.

Nursing-Mother Breaks

As we previously reported, effective January 1, 2022, Minnesota’s nursing mothers statute (Minn. Stat. § 181.939 Subd. 1) now requires that employers provide, “reasonable break times each day to express breast milk for her infant​ child . . . .”  The amendment also removes the provision stating that the breaks may be “unpaid” and notes that “an employer shall not reduce an employee’s compensation for time used for the purpose of expressing milk.”  Finally, the amendment expressly limits its application to “the twelve months following the birth of the child.”

Unlike the pregnancy accommodation statute, the nursing mothers statute applies to all employers, regardless of size.  Further, employers should note that nursing mothers are now entitled to reasonable break times throughout the day, suggesting that nursing mothers be given multiple breaks throughout the day, when the breaks will not “unduly disrupt” the employer’s business operations.

Another major change to the law is that breaks must now be paid.  Employers should ensure they modify their payroll practices accordingly and notify nonexempt employees that they do not need to clock out for time spent expressing breast milk.

Pregnancy Accommodations

We also previously reported that, starting on January 1, 2022, employers with 15 or more employees are required to provide:

reasonable accommodations to an employee for health conditions related to pregnancy or childbirth upon request, with the advice of a licensed health care provider or certified doula, unless the employer demonstrates that the accommodation would impose an undue hardship on the operation of the employer’s business

Minn. Stat. § 181.939 Subd. 2.

The pregnancy accommodation law previously applied to employers with 20 or more employees, and only applied to employees who worked at least half-time for one year.  Now, smaller employers are covered and there is no minimum work period required.

Reasonable accommodations, per the statute, may include, “temporary transfer to a less strenuous or hazardous position, seating, frequent restroom breaks, and limits to heavy lifting.”  Pregnant employees are not required to provide documentation from a health care provider or doula to justify the need for more frequent breaks, seating, or lifting limits.  However, for any other accommodation, the employer and employee should engage in the interactive process to determine what accommodation would best allow the employee to continue their job.

Finally, employers should note that they are not required to create a new position for a pregnant employee, nor are they required to terminate or transfer another, more senior employee, or give a promotion.

Employers with 15 or more employees will want to ensure they are aware of these new requirements and may want to update any existing accommodations-related policies.

New Minimum Wage

As a reminder, back in 2014, Minnesota’s minimum wage statute (Minn. Stat. § 177.24) was amended to provide scheduled, annual minimum wage increases through 2016.  Then, beginning in 2017, the commissioner of the Department of Labor and Industry was tasked with determining “the percentage increase in the rate of inflation” to fix the minimum wage for the following year, effective each year on January 1.  As of January 1, 2022, Minnesota’s minimum wages are as follows:

Large employer: Enterprises with annual gross revenues of $500,000 or more $10.33 an hour
Small employer: Enterprises with annual gross revenues of less than $500,000 $8.42 an hour
90-day training wage (under 20 years of age) $8.42 an hour
Youth wage (under 18 years of age) $8.42 an hour

Minneapolis and St. Paul employers should also note that municipal minimum wages are set to increase on July 1, 2022.

Employers should examine their payroll process and ensure that nonexempt employees are earning the correct hourly wages.

Bottom Line

January 1 of every year is a great time to review recent law changes and update all impacted policies and procedures.  It may also be prudent to train managers on the changes relating to nursing mothers to ensure lactation breaks and pregnancy accommodations are provided in accordance with the statute.