Minnesota’s new pay transparency law took effect earlier this year. However, with a number of new employment laws enacted in recent years, the pay transparency law has been lost in the shuffle for many companies. Below are the three most-asked questions we receive about the new law. Which employers are covered under the new law? The
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New NLRB General Counsel Rescinds Key Opinions on Non-Competes and Restrictive Covenants
The law regarding the enforceability of non-competition agreements and other restrictive covenants has been in flux, to say the least, over the last few years. New laws, such as Minnesota’s ban on non-competition agreements signed by employees on or after July 1, 2023 (but explicitly allowing customer non-solicitation provisions) under Section 181.988 of the Minnesota…
Potential Implications of Using Artificial Intelligence to Drive Employment Practices
It is no secret that the use of artificial intelligence, or “AI,” is increasing every day in every sector of life. Thus, it should come as no surprise that employers are turning to AI to assist with a wide range of employment practices, including hiring and recruitment, measuring employee performance metrics and enhancing workplace efficiencies.…
Preparing for Workplace ICE Raids
We have received numerous inquiries from clients with concerns about President Trump’s declaration that the U.S. Immigration and Customs Enforcement (ICE) will be aggressively investigating workplaces where undocumented workers are employed. Employees are asking for reassurances from their employers about safety, and clients are asking what they can do to prepare for an ICE raid.…
Are Your Company’s “Stay or Pay” Agreements Legal?
Many employers use “stay or pay” agreements to seek reimbursement of certain costs advanced on behalf of the employee if the employee leaves their employment within a specified time period. Signing bonuses, training payments, relocation stipends and other cash payments are provided to employees on the condition that the employee repay all, or a portion,…
The Changing Landscape of Independent Contractor Status in Minnesota
In Minnesota, as in other states and with the federal government, employers who wrongly classify workers as independent contractors are subject to significant penalties, interest, and taxes. The 2024 legislature enacted a number of changes to the various statutes that discuss the classification of workers as independent contractors.
All Industries (Except Construction)
Outside of the…
Out With the New and In With the Newer? Eight Things Employers Need To Know About Minnesota’s Amendments to Earned Sick and Safe Time
Minnesota wasted no time before revisiting its Earned Sick and Safe Time law which originally took effect January 1, 2024. In late May, Governor Walz signed into law the legislature’s amendments to the state’s earned sick and safe (ESST) requirements. While many of the changes appear to be intended to resolve practical ambiguity uncovered over…
Intellectual Property and the Proposed Ban On Non-competes
Considerable drama has played out in recent weeks related to the Federal Trade Commission’s (FTC) proposed ban on non-competes. The agency announced its proposed ban on April 23, 2024, prompting several articles, comments, and the prompt filing of two lawsuits challenging the proposal. It has also been noted that non-competes are currently banned in Minnesota, California,…
Legal Challenges Say “Not So Fast” to FTC’s Noncompete Ban
As many of you probably already know, the Federal Trade Commission (the “FTC’) issued a Final Rule outright banning employment-based noncompete agreements. The ban is expected to go into effect in August. The three key takeaways from the Final Rule are:
…
Minnesota Bans Inquiries into Applicants’ Pay History
A new Minnesota law banning employers from asking for applicants’ pay history went into effect at the beginning of 2024. All Minnesota employers are now prohibited from requesting or requiring job applicants – including internal hires – to disclose their compensation history. While employers may still access an applicant’s compensation history if the information is…