On Mother’s Day, Governor Mark Dayton signed the Women’s Economic Security Act (“WESA”) into law. WESA is an amalgamation of changes to Minnesota law that are designed to “close the gender gap” by breaking down barriers to economic progress for women.
In addition to the creation of various grant programs, WESA contains numerous changes to Minnesota’s employment laws. Provided below is a brief summary of the most significant changes. Some of these changes were “effective upon enactment,” which means that they went into effect on May 11, 2014, while others will not go into effect until July 1, 2014 and August 1, 2014.
Provisions Already in Effect
- New Pregnancy Accommodations – WESA provides that “[a]n employer must provide reasonable accommodations to an employee for health conditions related to pregnancy or childbirth if she so requests . . . unless the employer demonstrates that the accommodation would impose an undue hardship . . . .” WESA defines certain accommodations as not imposing an “undue hardship,” including “(1) more frequent restroom, food, and water breaks; (2) seating; and (3) limits on lifting over 20 pounds.” Other accommodations, such as temporary transfer to a less strenuous or hazardous position, must be granted unless they impose an “undue hardship.” However, WESA does provide that an employer is not “required to create a new or additional position in order to accommodate an employee . . . .”
- “Familial Status” Added as a Protected Status to MHRA – WESA amends the Minnesota Human Rights Act (“MHRA”) to add “familial status” to the list of protected statuses. “Familial status” is already defined in the MHRA as “the condition of one or more minors being domiciled with (1) their parent or parents or the minor’s legal guardian or (2) the designee of the parent or parents or guardian with the written permission of the parent or parents or guardian.”
Provisions Effective July 1, 2014
- Increasing Pregnancy Leave – WESA increases the amount of pregnancy leave available from 6 to 12 weeks. The amendments also include a provision stating that an employer “may require an employee who plans to take a leave under this section to give the employer reasonable notice of the date the leave shall commence and the estimate of the duration of the leave.”
- “Safety Leave” – WESA amends Minnesota’s sick leave law to provide that employees may use sick leave provided by their employer for the purpose of “providing or receiving assistance because of sexual assault, domestic abuse, or stalking.”
- Wage Disclosure Protections – WESA also makes it unlawful for an employer to prohibit its employees from disclosing their wages. This law also prohibits an employer from taking “any adverse employment action” against an employee for “disclosing the employee’s own wages or from discussing another employee’s wages which have been disclosed voluntarily.” This provision does not permit employees to disclose other proprietary, trade secret, or other privileged information. WESA provides that violations of this provision may be enforced through a civil action pursuant to Minn. Stat. § 181.944, which makes attorneys’ fees available.
- Amendments to Nursing Mothers Break Statute – WESA amends Minn. Stat. § 181.939 to enlarge the employer’s obligation to provide a separate space for nursing mothers to express milk. Specifically, the new law sets forth that employers must provide nursing mothers with a room or other location, “other than a bathroom or a toilet stall, that is shielded from view and free from intrusion from coworkers and the public and that includes access to an electrical outlet, where the employee can express her milk in privacy.” WESA provides that violations of this provision may be enforced through a civil action pursuant to Minn. Stat. § 181.944, which makes attorneys’ fees available.
Provisions Effective August 1, 2014
- Certain State Contractors Must Obtain an “Equal Pay Certificate of Compliance” – WESA provides that, with certain exceptions, businesses with more than 40 employees seeking contracts of at least $500,000 with the state must first obtain an “equal pay certificate of compliance” in order to do business with the state. This provision also provides that the state may audit the business’s pay practices at any time to ensure that they are in compliance with equal pay laws.
Bottom Line
As you can see, there are a number of changes contained in WESA that will require action by Minnesota employers – and some actions must take place immediately. In the next few weeks, attorneys at Felhaber Larson will analyze each of these major changes, and provide employers with guidance on how to move forward.
Stay tuned for further developments.