Protections for Jury Service
New legislation expands protections for employees called in for jury service. It went into effect July 1, 2024.
Employers must release an employee called for jury service from their regular work schedule to attend court. Additionally, they may not require an employee to work an alternative shift on a day when the juror must report to the courthouse for jury service.
An employee may volunteer to work an alternative schedule, as long as the employer doesn’t ask, encourage, or prompt the employee to make the request.
Misclassification of Independent Contractors
A new amendment to the laws governing the misclassification of employees as independent contractors has resulted from House File 5247. Employers are prohibited from:
- Failing to disclose to or report any person to a local, state, or federal government agency that an individual is an employee when required to do so by law
- Failing to represent, classify, or treat an individual as an employee when required by law
- Requesting or requiring an employee to enter into an agreement or fill out a document that misrepresents, misclassifies, or treats the individual as an independent contractor
Employee misclassification can subject an employer to a fine of up to $10,000.
Additional requirements apply to those working in the construction industry, including the use of a 14-part test for determination.
Paid Family and Medical Leave Program
Starting January 1, 2026, an amendment to a law will create a paid family and medical leave program. The premium rate was set at 0.7% of an employee’s wages, but the amendment allows for an adjustment to be made to the rate prior to the effective date.
Employers are required to pay 50% or more of the applicable rate. Employees shall pay the remaining premium through a deduction.
Employers with fewer than 30 employees and an average wage that is less than or equal to 150% of the average wage in the state may also be eligible for a reduced premium amount.
Additional detail here
Nondiscrimination Law
An amendment to definitions of key terms in state laws around discrimination in employment will go into effect August 1, 2024. Under the Minnesota Human Rights Act (MHRA), no employer may discriminate against an individual because of their race, age, color, familial status, creed, sexual orientation, religion, status regarding public assistance, national origin, disability, sex, gender identity, or marital status.
The definition of disability will include an impairment in remission or episodic that would limit a major activity of life when active.
Additionally, the familial status definition has changed to include the condition of one or more minors having custody or legal status with the parent(s) or legal guardian(s), or the designee of parent(s) or legal guardian(s) with their written permission. It also means those caring for or residing with 1+ individuals lacking the ability to meet essential requirements for health, self-care, or safety due to the inability to make/communicate decisions or receive/evaluate information.
Harassment is also prohibited based on any protected characteristic.
This article is informational and does not constitute legal or financial advice. Consult with an employment lawyer or accountant for additional clarification on how these changes impact your company.
