Non-Resident Employers Must Comply with Minneapolis Paid Sick-and-Safe Leave, Appellate Court Rules

Non-Resident Employers Must Comply with Minneapolis Paid Sick-and-Safe Leave, Appellate Court Rules

On April 29, the Minnesota Court of Appeals issued a key decision regarding Minneapolis’ sick-and-safe-time (SST) ordinance. As a result of the decision, the Minneapolis SST ordinance not only remains in effect, but it can now be enforced against non-resident employers. The court also affirmed the district court’s determination that the ordinance is not preempted by state law. “This is a significant ruling in the saga of sick-and-safe time in Minneapolis,” says Veena Iyer, employment attorney at Minneapolis-based Nilan Johnson Lewis. “However, the plaintiffs will have an opportunity to appeal, and the Minnesota Supreme Court may well take up the case in light of the public significance of the issues raised.”

Iyer expects this decision to have the greatest impact on employers who have no physical presence in Minneapolis but send employees into the city for work. Prior to the appellate court’s decision, the Minneapolis Department of Civil Rights had been restricted from enforcing the ordinance against non-resident employers. The appellate court lifted the injunction, subjecting non-resident employers to enforcement. Iyer recommends that non-resident employers start preparing to come into compliance barring a stay or reversal by the Minnesota Supreme Court. She also recommends that non-resident employers monitor the Minneapolis Department of Civil Rights website for announcements regarding when enforcement against non-resident employers will begin. Contact Veena Iyer at viyer@nilanjohnson.com or 612.305.7695.

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