With the 2014 Minnesota legislative session heating up, the legislative wheat is beginning to separate from the chaff. In addition to the minimum wage legislation, there are nine employment-related bills that may have enough momentum to be passed into law.
Again, please be mindful that while almost all of these bills have received a favorable ruling by at least one committee in advance of the March 21 deadline, these bills must also be passed by a majority of the Minnesota House, a majority of the Minnesota Senate, and be signed by the Governor before becoming law.
Provided below is a brief summary of the bills and their status in the House and Senate:
- Pregnancy Leave Modifications (S.F. 1956 / H.F. 2371) – This bill makes considerable changes to the current pregnancy leave statute, including increasing the leave to 12 weeks, requiring that employers provide reasonable accommodations for pregnant women, including “seating, frequent restroom breaks, and limits to heavy lifting”; and mandating that employers provide a requested transfer to a “less strenuous or hazardous position for the duration of her pregnancy.” This bill has been passed by Committees in both the House and the Senate.
- “Familial Status” and “Family Caregiver” Protections Added to MHRA (S.F. 2006 / H.F. 2300) – This bill amends the MHRA to add “familial status” and “status as a family caregiver” to the list of protected statuses. “Family caregiver” is defined by the bill as “a person who cares for another person: (1) who is related by blood, marriage, or legal custody; or (2) with whom the person lives in a familial relationship.” This bill has been passed by Committees in both the House and the Senate.
- Mandatory Paid Sick Leave (S.F. 2105 / H.F. 2461) – This bill mandates that employers must provide eligible employees with 1 hour of paid sick time for every 30 hours of work; up to a maximum of 72 hours (40 hours for employers with fewer than 21 employees). While the bill would permit employers to “require reasonable notice of the need” to use sick time, employer are prohibited from requiring more than 7 days’ notice. This bill has been passed by Committees in both the House and the Senate.
- Pay Equity Standards for Certain State Contractors (S.F. 1806 / H.F. 2373) – As we previously reported, this bill provides that all state agencies and private employers that have a contract with the state in excess of $500,000 (and at least 40 full-time employees) must have their pay practices approved by the Commissioner of Human Rights. This bill has been passed by Committees in both the House and the Senate.
- Wage Disclosure Protections Added to MHRA (S.F. 1999 / H.F. 2274) – This bill would amend the MHRA to provide that “[a]n employer shall not discharge or in any other manner discriminate or retaliate against . . . any employee because the employee inquired about, disclosed, compared, or discussed the employee’s wages or the wages of any other employee.” This bill has been passed by Committees in both the House and the Senate.
- Jury Trial Requirement under the MHRA (S.F. 2322 / H.F. 2958) – This bill would amend the MHRA to provide a right to a jury trial for the “person bringing a civil action” (but not for the employer who is alleged to have violated the MHRA). To date, this bill has been passed by a Committee in the Senate, but not in the House.
- Prohibitions Against Using State Funds for “Employee Influence Activities” (S.F. 2320 / H.F. 2312) – This bill prohibits employers from using “public funds” to engage in “employee influence activities,” which is defined to include “encourage[ing] or discourage[ing] any employee from joining or refraining from joining a labor organization.” While a similar “neutrality” bill was struck down on preemption grounds by the Supreme Court in Chamber of Commerce v. Brown, 554 U.S. 60 (2008), it is too early to tell whether this bill would face a similar fate if challenged. To date, this bill has not been passed by a Committee in the House or the Senate.
- Amendments to Nursing Mothers Break (S.F. 2000 / H.F. 2259) – As we previously reported, this bill would amend Minn. Stat. § 181.939 to enlarge the employer’s obligation to provide a separate space for nursing mothers to express milk. This bill has been passed by Committees in both the House and the Senate.
- Amendments to Independent Contractor Registration Requirement (H.F. 2198 / S.F. 2065) – As we previously reported, this bill would amend Minn. Stat. § 181.723, which provides that individuals performing work in the commercial or residential construction industry must first obtain an “independent contractor exemption certificate” in order to avoid being considered “employees” of the “person for whom the individual performs services.” This bill has been passed by a Committee in the House, but has not been passed by a Committee in the Senate.
Bottom Line
While these bills still have a long way to go before becoming law, because they seem to have some momentum at the Capitol, we will continue to monitor these bills as they wind their way through the Legislature. We remind you that if you have particular concerns about any of these bills, you may want to consider contacting your state representative to voice your concerns.