Minnesota Appeals Court Affirms Limits on Minneapolis Sick Leave Ordinance

In the Feb. 7, 2017, edition of Compliance Corner we reported that the Hennepin County District Court issued an order denying a broad injunction of the recently enacted Minneapolis Sick Leave and Safe Time Ordinance (Ordinance 2016-040, covered in the Nov. 1, 2016, and June 14, 2016, editions of Compliance Corner). The district court found that the city had the authority to enact the ordinance, but granted a temporary injunction preventing its application to employers that are not located in the City of Minneapolis.

After the district court’s ruling, many questions remained. On Sept. 18, 2017, some of those questions were answered by the Minnesota Court of Appeals, which affirmed the Hennepin County District Court’s ruling. So now, the City of Minneapolis can proceed with the ordinance, which took effect on July 1, 2017. If they have not done so already, employers in the City of Minneapolis and with employees in Minneapolis should plan for immediate implementation of the ordinance.

It is important to note that the ordinance has somewhat of a delayed enforcement provision, which provides that during the first year and for first violations, employers will not face penalties for failing to adhere to the ordinance, but they will be issued warnings and notices. Subsequent violations may lead to penalties.

Minneapolis employers should work closely with outside counsel in developing their leave policies to appropriately implement the ordinance requirements.

Minnesota Chamber of Commerce et al. v. City of Minneapolis »