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How the New Amendments Are Protecting Employees

06.23.2023 Written by: Business Law Department

On July 1, 2023, in addition to the new noncompete legislation, two new amendments will go into effect that will impact employees and businesses. The amendment to the wage disclosure protection will prohibit employers from retaliating against an employee for asserting rights or remedies, and there will be an increase in protection for nursing mothers and employees. Continue reading our blog as we navigate the two new amendments going into effect this year.

Amendment to the Wage Disclosure Protection

Effective July 1, 2023, the Wage Disclosure Protection will prohibit employers from discharging, disciplining, penalizing, interfering with, threatening, restraining, coercing, retaliating, or discriminating against an employee for asserting his or her rights or remedies under the Wage Disclosure Protection.

The Wage Disclosure Protection was enacted in 2014 and amended in 2022. The previous language merely prohibited an employer from retaliating against an employee for asserting rights or remedies under the Protection. The July 1, 2023, amendment clarifies the types of retaliation prohibited under the statute. Contact us regarding these clarifications and what employers need to know.

Increased Protections for Nursing Mothers and Pregnant Employees

Also, effective July 1, 2023, the Minnesota Legislature passed several amendments to the Nursing Mothers and Pregnant Employee laws.

  1. No more 12-month limitation. There is no longer a 12-month limitation for employers to provide reasonable break times each day for lactation. This means that employers must allow nursing mothers and lactating employees breaks each day beyond the 12-month period.
  2. Concurrent with other breaks. Previously, such breaks were required to be taken concurrently with other breaks. However, the new amendment now merely allows for concurrent breaks but does not require the lactation breaks to run concurrently.
  3. Elimination of “unduly disrupts operations.” Employers are no longer allowed to deny nursing mothers and lactating employees a break if the break would ‘unduly disrupt operations.’
  4. Increased protections for pregnancy accommodations without health care provider’s advisement. The new amendment provides increased protections without requiring a licensed health care provider or certified doula for (a) more frequent and longer break periods; (b) a temporary leave of absence; and (c) modification in work schedule or job assignments.
  5. Notice to Employees. Employers are required to inform employees of their rights under this law at the time of hire and when the employee makes an inquiry about or requests parental leave. Notice shall also be provided in the employee handbook, if available, stating the employee rights and remedies. The Department of Labor will make available a suggested text to be included in the notice for employers.

Please contact us to update your employee handbook and answer any questions regarding the new amendment.

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No New Noncompetes

06.16.2023 Written by: Business Law Department

Warning to employers: A notable shift in employment law regarding the regulation of noncompete agreements has been passed by the Minnesota Legislature. Learn more about these changes and how they will affect your business moving forward.

No New Noncompetes: Effective July 1, 2023, any noncompete agreements agreed and entered into on or after July 1, 2023, will be considered void and unenforceable. This new law applies to non-profit organizations as well as for-profit businesses.

What Does it Mean?

  • The ban applies to all employees or independent contractors’ agreements, regardless of the person’s income, from working for another business after termination of employment, including:
    – for a specified period of time,
    – in a specified geographic area, or
    – for another employer in a capacity similar to the employee’s work for employer party to the agreement.
  • Noncompetes during employment are still valid.
  • The ban is not retroactive and will hold any noncompete provisions entered into before July 1, 2023, as valid and enforceable.
  • If the noncompete provision is rendered unenforceable, the remaining contract or agreement will still be valid and enforceable but without an enforceable noncompete provision.

What Can You Still Do?

  • Employers can still use noncompetes:
    – in the sale of a business, or
    – in anticipation of the dissolution of a business.
  • Employers can still use non-competes during the time of the employee’s employment.
  • Employees will still be subject to the following agreements:
    – Nondisclosure,
    – Confidentiality,
    – Trade secret, and
    – Non-solicitation.

Henningson & Snoxell Can Help

Please contact us with any questions or concerns regarding employee protections. We can utilize the tools mentioned above to protect your business and organizations.

In addition, please keep an eye out for more updates regarding the other new employment laws passed this session.

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FRONTLINE WORKER PAYMENTS: Immediate Impact on Employers

06.07.2022 Written by: Henningson & Snoxell, Ltd.

To thank those Minnesotans who worked on the frontlines during the COVID-19 peacetime emergency, Gov. Tim Walz signed Frontline Worker Payments into law April 29, 2022, enabling those workers to apply for Frontline Worker Pay. If you employed these workers, please pay close attention to the information below as it requires your immediate action.

Do your business or non-profit organizations fall under any of the following sectors?

  • Long-term care and home care
  • Health care
  • Emergency responders
  • Public health, social service, and regulatory service
  • Courts and corrections
  • Childcare
  • Schools, including charter schools, state schools, and higher education
  • Food service
  • Retail
  • Temporary shelters and hotels
  • Building services
  • Public transit
  • Ground and air transportation services
  • Manufacturing
  • Vocational rehabilitation

If so, you have a maximum of 15 days once the application period opens to provide notice in a form approved by the Commissioner of Minnesota’s Department of Labor and Industry. This application period opens on June 8th. The notice must tell all current workers who may be eligible for payments under this law about such payments and how to apply for them. A notice that meets this obligation has been posted at frontlinepay.mn.gov.

Note that this notice must be provided using the same means that you use to provide other work-related notices to employees. Additionally, the notice must be at least as conspicuous as posting a copy of the notice at each work site where workers work and where the notice may be readily observed and reviewed by all workers working at the site or providing a paper or electronic copy of the notice to all workers. In other words, it should either be visible to all workers or provided to each worker individually via email or paper copy,

If your employees have questions regarding the application process, direct them to frontlinepay.mn.gov.

If you are a current client of the firm, give us a call at 763-560-5700 if you have questions on any of the above information.

If you are new to the firm and have questions you would like us to address, please reach out to any of our business or nonprofit law attorneys.

Copyright © 2022 Henningson & Snoxell, Ltd. – All Rights Reserved.

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The Paycheck Protection Program and Religious Freedom Protections [Update]

04.03.2020 Written by: Henningson & Snoxell, Ltd.

Update to this post. Visit our COVID-19 resources page for more information.

Last night the SBA released its Interim Rule regarding the Paycheck Protection Program (PPP) that provided further guidance on religious freedom protections for religious corporations and the like.

According to Section 5 of the Interim Rule, “All loans guaranteed by the SBA pursuant to the CARES Act will be made consistent with constitutional, statutory, and regulatory protections for religious liberty, including the First Amendment to the Constitution, the Religious Freedom Restoration Act, 42 U.S.C. 2000bb-1 and bb-3, and SBA regulation at 13 C.F.R. 113.3-1h, which provides: ‘Nothing in [SBA nondiscrimination regulations] shall apply to a religious corporation, association, educational institution or society with respect to the membership or the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution or society of its religious activities.’ SBA intends to promptly issue additional guidance with regard to religious liberty protections under this program.”

Although the SBA hasn’t issued its additional guidelines yet, it is highly likely they will be in alignment with the religious freedom protections afforded to churches and religious organizations under the First Amendment of the U.S. Constitution and the Religious Freedom Restoration Act.

Link to rule here.

For more information about these updated guidelines from the Department of Labor, or for guidance for your business, nonprofit or religious organization in light of these guidelines, please contact our Business and Nonprofit Organizations Team.

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How the FFCRA Affects Businesses with Less than 50 Employees

03.31.2020 Written by: Henningson & Snoxell, Ltd.

How the Families First Coronavirus Response Act Affects Businesses with Less than 50 Employees

[Update to this post here – 4/3/2020]

More COVID-19 Resources

Are you a business owner with fewer than 50 employees (for a profit, nonprofit or religious organization)? Are you confused about the specific criteria required to claim an exemption to the expanded leave provisions of the Family’s First Coronavirus Response Act (FFCRA)? If so, you’re not alone. Recently, the U.S. Department of Labor provided much-needed information and guidance.

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Family and Medical Leave Expansion under the FFCR Act

03.27.2020 Written by: Henningson & Snoxell, Ltd.

The new Families First Coronavirus Response (FFCR) Act was signed into law last week, and business owners are wondering how it affects them. How does the new emergency expanion of Family and Medical Leave under this law affect you? We’ve put together an infographic to help you navigate the information.

Emergency Family and Medical Leave Expansion under the FFCR Act
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Emergency Paid Sick Leave under the new Families First Coronavirus Response Act (Infographic)

03.26.2020 Written by: Henningson & Snoxell, Ltd.

The new Families First Coronavirus Response Act, signed into law last week, might be a bit confusing or overwhelming (especially for business owners who may already be busy implementing new office cleaning procedures or are figuring out how to have employees newly remote in from home). How do the new emergency paid sick leave regulations under this law affect you? We’ve put together an infographic to help you navigate the information.

Emergency Paid Sick Leave infographic

Do not hesitate to contact our firm if you have any questions regarding the Families First Coronavirus Response Act and how it affects your business.

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    Copyright © Henningson & Snoxell, Ltd. - All Rights Reserved. This blog provides only very general, high level information about legal issues. Henningson & Snoxell, Ltd. is not providing legal advice through this blog, this blog is not an advertisement for legal services, and this blog does not create any attorney-client relationship between this firm and anyone, and this blog is not a solicitation for legal services. No reader should rely on this blog as a source of legal advice but rather should be advised by a local attorney. Henningson & Snoxell, Ltd. And its attorneys are licensed to practice law only in the State of Minnesota, USA. Persons interested in the subject matter of this message should consult their own attorney for any desired legal advice.