Minneapolis Wage Theft Ordinance Imposes New Burdens On Employers Even Employers Without Facilities in Minneapolis

By Martin D. Kappenman - Seaton Peters & Revnew

October 15, 2019

We have previously alerted you to new obligations on employers as a result of the Wage Theft Law that went into effect earlier this year.  Employers also must keep in mind the requirements of a Minneapolis ordinance that goes into effect on January 1, 2020.  The ordinance imposes the following additional obligations for employees working within the geographic boundaries of Minneapolis for at least 80 hours in a year for the same employer beyond those in the new State Wage Theft law:

•    The prehire notice and earnings statements must include information regarding Sick and Safe time, including how many hours of leave the employee receives, the type of year used by the employer in determining accrual and carryover, and the earliest date that employee use of sick and safe time may begin, which must be no later than 90 days following the start date.  
   o    The prehire notice must also include the following information:  
       • Start date;
       • Overtime pay rates and the number of hours that need to be worked before eligible for
         overtime (typically 40 hours); and
       • If the position involves gratuities, a statement that tip sharing (or pooling) is voluntary

•    If there are subsequent changes to the terms of the employment referenced in the prehire notice, a change notice must be provided to the effected employees, and an employee signature acknowledging receipt must be obtained.
•    A copy of the Minneapolis notice of rights poster must be distributed to employees who will work at least 80 hours per year in Minneapolis.

Employers should remain mindful that the City of Minneapolis is placing these requirements on any employee who physically performs work for an employer for at least 80 hours.  In their Draft Rules Published October 3, 2019, the City states that these requirements would not apply to employees who merely drive through Minneapolis as part of their work day.  However, it would apply to hours spent traveling in Minneapolis if the employee stops in Minneapolis as a purpose of their work, e.g. to make pickups or deliveries or perform other job duties.  In short, if your employees do anything in Minneapolis, you need to carefully examine the requirements the Minneapolis ordinance.