Hello Roo friends and fans,

I have been posting regularly on LinkedIn and Facebook (yes, I am a bit old school) about employment law updates throughout the year, but I am long overdue for a blog about these significant changes.  The Minnesota legislature and individual cities have been very active over the past two years, and many laws and regulations have been passed, or will be effective in the near future.

While this blog primarily concerns changes in MN, at the Federal level there are also some important changes that are highlighted.

This is a pretty lengthy blog, but it is filled with important information you need to know for your business. It will be critical to update your Employee Handbooks by the end of the year, and again before 1/1/26.

It’s all about the money, money, money…
Minimum Wage

• Federal level and the State of Minnesota
  • On 1/1/24 the minimum wage  increased to $10.85 per hour for large employers and in Minnesota $8.85 per hour for employers that are not considered large employers.
  • Who is a large employer? At the federal level, a large employer is considered an employer with 50 + employees. In Minnesota, companies with revenues greater than $500,000 are considered large employers.

• Minneapolis Ordinance
  • Minimum wage of $15.57 per hour for all employers (effective 1/1/24 for large employers and effective 7/1/24 for all employers).
  • Applies to any employer in any state if they have an employee who works at least two hours per week in Minneapolis (check your remote work policies).

 

• Saint Paul Ordinance
  • Minimum wage of $15.57 per hour for macro and large employers (101 + employees).
  • Minimum wage of $14.00 per hour for small businesses (6 – 100 employees).  Increases to $15.00 per hour 7/1/25.
  • Minimum wage of $12.25 per hour for micro businesses (5 or fewer employees). Increases to $13.25 per hour 7/1/25.
  • Applies to any employer in any state if they have an employee who works at least two hours per week in Saint Paul (check your remote work policies).

 
Be sure to check your individual state and city  changes, especially if you have employees working remotely in other states!!! California and New York regulations are particularly complex.
 
Exemption Status changes (this determines if positions are or are not due overtime)

• This is a federal law that has been updated by the U.S. Department of Labor.
• To determine whether a position is exempt (paid a salary and exempt from overtime) or non-exempt (typically paid hourly and due overtime) there is both a duties test and a salary test that must be examined.
• Duties test:  To potentially qualify as an exempt employee, one must be classified in one of the following categories:
  • Executive (running the business)
  • Professional (typically requiring education beyond high school)
  • Computer Professional (not helpdesk)
  • Outside Sales (not Customer Service or Inside Sales)
  • Administrative Professional. This is the most difficult category to assess (Administrative Assistants do not qualify, although some high level Executive Assistants may qualify)
• Salary test:  If a position passes the duties test, the position must also receive a minimum salary, and people must be paid the same wage every pay period regardless of hours worked.  There are a few limited exceptions. 
  • The salary test does not apply to teachers, or employees practicing law or medicine
  • As of 7/1/24, the minimum salary threshold is $844 per week ($43,888 annually)
  • As of 1/1/25, the minimum salary threshold will increase to $1,128 per week ($58,656 annually)
  • These minimum salary thresholds will be updated every three years at the federal level

Many small and non-profit employers will need to audit their job descriptions and either update salary levels or reclassify workers as non-exempt.
Salary History
In Minnesota, employers are no longer permitted to ask job applicants about their past pay rates or salaries.  This is designed to lessen the well documented pay gaps for women and people of color. Currently, Minnesota ranks 20th in gender pay gaps.  Over a lifetime of earnings this adds up to an average of $447,090 lower earnings for women, and is even more substantial for women of color (reference: The University of Minnesota Humphrey School of Public Affairs)
Pay Transparency

• This law applies to Minnesota employers with 30 + employees and takes effect 1/1/25.
• Covered employers must post the starting salary range or fixed pay rate and a general description of all benefits and other compensation to be offered. The description of benefits includes health and welfare benefits and retirement benefits.
• Salary ranges must be a realistic representation of the actual wages that will be offered (in other words, you cannot post a position listing a salary range of $40,000 – $500,00).

 
Time Away from work
Minnesota Earned Sick and Safe Time (ESST)

• A handful of individual cities have their own ESST rules, and they are not consistent with each other.  A statewide law was effective 1/1/24 to provide unform rules.  Employers must still comply with city ordinances if they are more generous than the statewide requirements.
• Employees will earn 1 hour of ESST for every 30 hours worked, not to exceed 48 hours per year.
• This applies to any employee (including interns and temporary staff on your payroll).
• Employers cannot require use of ESST in increments of less than 15 minutes.
• Your existing PTO policies may be used for ESST purposes if PTO offered is 48 hours or greater per year.
• Employers may not ask the reason for the need for ESST use or require documentation of the need for use of ESST unless the absence exceeds 3 days.
• Expanded uses for ESST. In addition to the existing reasons for ESST use, the law has been expanded use of ESST to attend funerals, make funeral arrangements, or address financial or legal issues related to the death of a family member.

Minnesota Pregnancy Protections

• There are several different laws related to pregnancy, prenatal leave and pumping at work. Pregnancy protections became law in 2014 under the Women’s Economic and Security Act (WESA) and amendments were passed in 2021 and 2023.  This added many new acronyms!
• As of 8/1/24, pregnant employees can take prenatal medical leave without counting it against their future pregnancy and parental leave entitlement.
• The employee will still get the same health benefits during pregnancy and parental leave and their employer will contribute as if they were working.
• Employers must notify all employees of the rights of pregnant and lactating employees when hired (typically via the Employee Handbook), or when an employee makes an inquiry about or requests parental leave.

Other Employment Law Changes

• The Minnesota Human Rights Act has a longstanding history of providing protections related to race, age, gender, and more. These protections have now been expanded to include episodic or intermittent conditions, such as diabetes or epilepsy.
• As of 7/1/24, restrictive covenants (such as non-compete agreements) are no longer allowed in Minnesota.
• Paid Leave as of 1/1/26. This law will allow partial payment of wages for up to 20 weeks per year.  This is in addition to FMLA qualifying events (grants up to 12 weeks unpaid for birth, serious health conditions and other events). The paid leave will be paid through a new state tax of 0.07%, which will be funded through a combination of employee and employer contributions.

Copies of Minnesota required postings may be downloaded for free here, or you may pay a service to provide combined state and federal posters for you.  Rates are reasonable and are based upon quantity ordered. 

​This is a lot of information to absorb and implement, even for HR professionals!  Please feel free to contact Roo for more information or with questions.

A lot of HR people talk about the importance of welcoming someone into the organization.  Orientation and onboarding are critical to the new employee experience.  Much less time is spent supporting and reflecting with the exiting employee.  Most exit interviews focus solely on the transactional details of benefits continuation and returning company property. Perhaps you may ask what someone enjoyed or didn’t enjoy about the company, or what qualities to look for in a successor. If a position is being eliminated or a person is being terminated for performance, the exit becomes even more difficult.  Regardless of the reason for exit, treat the person with courtesy and respect.

When an employee is leaving your organization, give them an opportunity to reflect on his positive contributions and what he has learned / gained.  In addition to the standard questions, consider adding a few more:

• What do you feel were your most significant accomplishments as < insert job title >?
• What is different and better at the company because you were here?
• What were the most satisfying aspects of your work?
• What have you learned about yourself during your time here that will be significant in your future?

If the person leads a team, add a few additional questions:

• How has your team grown or developed during your time here?
• What are you particularly proud of your team for?
• Which staff do we need to check in with most frequently while we fill your position?
• How can the new person best support your team?

​Any person exiting or entering your organization can be a brand ambassador.  When someone departs for their next adventure they don’t stop caring.  Do everything you can to make their exit as pleasant as their entrance.

​Greetings Roo friends and fans,
We wanted to provide an update regarding the COVID-19 related Payroll Protection Program (PPP). Many thanks to Propel Nonprofits, the Minnesota Council of Nonprofits and Sunrise Banks for providing the source data for this post.
 
Who is eligible?

• Employers with 500 or fewer employees
• Non-profits (this is significant, as nonprofit employers are not typically eligible for Small Business Association loans (SBA loans)
• Self-employed individuals

 
How much money is available and how can it be used?

• Organizations can apply for a (forgivable) loan equal to 2.5 times monthly payroll. You can use either option described below to calculate your maximum loan amount.
  • Option 1: 12 months average payroll since February 15th or;
  • Option 2: 2019 payroll data
  • Employers must deduct individual earnings over $100,000
• 75% of the loan must be allocated for payroll expenses.
• Other eligible expenses include employer costs for healthcare, retirement plan contributions, rent and utilities

 
Which staff members are included?

• Only applies to employees on payroll.
• Independent contractors are not included in agency reporting, but can choose to file individually 
• Grant-funded positions are included and do not need to be tracked separately

 
Loan forgiveness Provisions

• Loans may be 100% forgiven provided employers keep staff on payroll through June 30th
• Must provide documentation to lender by June 30th
• Loan forgiveness will be reduced if employers reduce payroll or headcount through June 30th
• Should a portion of the loan not be forgiven, employers have 2 years to repay the loan at an interest rate of 1%

Interested in applying? Here is a link to the application form: SBA Application form

Stay strong friends!

​Hello Roo friends and fans.

We learned good news today!  It was originally thought that employers would have to foot the bill for the new Emergency Paid Sick Leave (PSL) and Emergency Family Medical Leave Act provisions (EFMLA) and await reimbursement.  We learned today that employers will be allowed withhold normal payroll tax remittances to the IRS to cover the costs of the new paid time off requirements.

Scenarios:

• If you usually have to remit $10,000 in payroll taxes, and you incur $5,000 in PSL and EFMLA payments, you only need to remit $5,000 in payroll taxes.  
• If you usually have to remit $10,000 in payroll taxes and incur $12,000 in PSL and EFMLA payments, you do not need to remit payment at all, and can request expedited repayment from the IRS.

We will share more details about the mechanics of how this will work as they become available.
Also, here is a link to the new required posting relative to the new COVID-19 related paid time off requirements:

https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf

Roo will be working hard to keep you apprised of this rapidly changing landscape, without flooding your inbox unnecessarily.

Many thanks, and stay healthy!

We are all reeling with new ways of working, public closures and social distancing. Even though you may feel like you are focused on Coronavirus 24/7, Roo wanted to make sure you are aware of new required paid time off requirements related to COVID-19 that were signed into law March 18th.  These new time off requirements are effective April 2, 2020. We will also briefly address filing for unemployment.
 
1. Emergency Paid Sick Leave

• Which employers does this apply to?  Employers with 500 or less employees  
• Who is eligible?  All employees, regardless of length of service

• How much time is available?
  • 80 hours for full time staff at regular pay rate
  • Prorated time off for part-time staff at regular pay rate. 

• What can it be used for?
  • To seek diagnosis or treatment for COVID-19
  • If you are quarantined due to COVID-19
  • To care for an immediate family member with COVID-19
  • To care for a child due to school or daycare closure
  • To comply with a recommended order from a public official or healthcare provider

• How is it paid for?
  • Employers will initially foot the bill for this expense
  • Employers will be able to claim a tax credit

• Other items of note
  • Emergency Sick Time is in addition to, not a replacement for, existing sick time or PTO banks.  Employers may not deduct from existing sick time or PTO banks before using Emergency Paid Sick Time
  • If you choose to grant emergency sick time before the April 2, 2020 effective date, each employee will still get an 80-hour allotment April 2nd.
  • Emergency paid seek leave is set to expire 12/31/2020
  • Emergency sick leave may not be carried over to a new year
  • “Soon” there will be a required workplace poster.  Roo will forward when it becomes available
  • Employers with 25 or fewer employees may request exemption if providing the leave would jeopardize the viability of the business.  Roo does not yet have details about how to apply for this exemption

 2. Emergency Family and Medical Leave Expansion Act (EFMLEA)
 
The FMLA has temporarily been expanded to include “public health emergency leave”, specifically related to COVID-19. 
 

“Normally”, FMLA  applies only to employers with 50 or more employees within a 75-mile radius.  The Emergency Family and Medical Leave Expansion Act (EFMLEA) applies to all employers with 500 employees or less for COVID-19 related absences. It is our understanding that “regular” FMLA still only applies to organizations with 50 + employees in a 75-mile radius.  If our understanding changes, we will let you know.

• Which employers does this apply to?  Employers with 500 or less employees

• Who is eligible? Employees with 30 days of service.  There is not a “minimum hours” requirement.

• How much time is available?
  • 12 weeks of emergency leave related to COVID-19
  • Weeks 1 -2 are unpaid time and employee would have the option to use sick time or PTO (pragmatically, the employee would use the Emergency Sick Leave mentioned above at regular pay rate)
  • Weeks 3 – 12 would be paid at 2/3 of the regular pay rate.  If the employee has a varying schedule, a 6-month look back period would be used to determine the average number of hours scheduled.

• What can it be used for?
  • To seek diagnosis or treatment for COVID-19
  • If you are quarantined due to COVID-19
  • To care for a family member with COVID-19.  The definition of family members includes  parent/parent-in-law, spouse/partner, next of kin, child under 18, domestic partner’s child under 18, grandparent or grandchild.  It also includes pregnant women, senior citizens, and disabled individuals an employee needs to care for.
  • To care for a child due to school or daycare closure
  • To comply with a recommended order from a public official or healthcare provider

• How is it paid for?
  • Employers will initially foot the bill for this expense
  • Employers will be able to claim a tax credit on a quarterly basis

• Other items of note
  • Normal FMLA medical certification requirements can be relaxed – if you have a note from a doctor, this should be sufficient to verify the need for leave
  • Employees are not guaranteed reinstatement if they work for an organization with 25 or fewer employees
  • Emergency Family and Medical Leave Expansion (EFMLEA) paid seek leave is set to expire 12/31/2020
  • Employers with 25 or fewer employees may request exemption if providing the leave would jeopardize the viability of the business.  Roo does not yet have details about how to apply for this exemption

 3. Modifications to Unemployment Insurance
 If YOU have been permanently, or temporarily laid off, or if your hours have been significantly reduced, you may apply for unemployment benefits.  The 5-day waiting period has been eliminated, so you may receive benefits immediately. If eligible, you may receive up to 50% of your normal wage, to a maximum of $740 / week.  https://www.uimn.org/applicants/needtoknow/news-updates/covid-19.jsp
 
There is also good news for SMALL BUSINESS OWNERS - you may also apply for unemployment, and the five-week limitation has been removed. Any layoffs due to coronavirus will not be charged to the employer UI account.    https://www.uimn.org/applicants/affectsbenefits/ownership/index.jsp
 
For the SELF-EMPLOYED , it is possible, but unlikely, that you can claim unemployment benefits.  Your chances are better if you opted into the unemployment insurance pool. 
https://www.uimn.org/applicants/affectsbenefits/self-employment/index.jsp
 
Please do reach out by phone (763-228-8496) or email ([email protected]) if we can help.

As we wind down 2019 with friends and family, it is also time to look ahead to 2020.  Roo is here to help you get a jump start on your HR initiatives with simple, sustainable solutions.  So what’s on your HR Wish List? 
 
Give us a shout if we can help…….and be sure to read to the bottom for some important compliance reminders.
 
HR Wish List
 
Training and Development 
□  Supervisory Training:  Stepping into Leadership
□  #metoo and you – preventing workplace harassment
□  Project Management
□  Link to other Roo Solutions workshops
 
Capacity Building / HR Infrastructure
□  “HR in a Box” – for the small employer with no HR systems in place
□  Update job descriptions
□  Creation of interview guides for commonly staffed positions
□  Onboarding program development
□  Recruiting assistance
 
Culture
□ Employee Surveys
□ Climate Assessments
□ Making organizational values actionable
□ Workplace Investigations
 
Risk Mitigation
□  HR Audit
□  Employee Handbook update
□  Supervisory Handbook
 
Compliance – Must Do’s!
□ 1/1/20 New minimum wage in MN.  Download your new required poster here
□ Provide MN-required wage statement to new employees, and notify employees when there is a     change to their employment status (promotion, raise, etc.)
□  Ensure employees are classified correctly as exempt or nonexempt under the 1/1/20 new FLSA regulations.  The new salary threshold is $35,568.  The duties test in unchanged
□ Minneapolis employers.  You must provide all employees  with the MN wage statement.  In addition, Minneapolis requires the employer to state how SST is accrued and how a “year” is measured.  SST used and accrued must also be listed on each pay stub.
 

Happy (almost) New Year!

During the course of my career I have had the benefit of working for some great organizations.  Organizations that took the time to identify their core values, embed them into all HR systems, and hire/fire/promote according them. For those working in the nonprofit sector it is easy understand and actively promote the mission and values of your organization.  For those in the for profit world, or at an individual level in any industry, it can become a little trickier to understand how these values impact our daily work.  For values to have meaning we must make them actionable.   

If your organization hasn't identified core values, here is a way to derive them. 

1. Consider your best employees.  What common characteristics do they all possess?
2. Consider the employees that “didn’t fit” your organization.  Was there a values mismatch?
3. What are the “hero stories” in your organization?  What gets celebrated is what is reinforced.
4. Review the lists.  Differentiate “permission to play values” from core values.

• “Permission to play” values are global attributes such as honesty, integrity, fairness, etc. that are required in most workplaces
• “Core values” are unique to your organization.  They are the values you will stand up for no matter what, even if your organization suffers in the short term.  They are what make you different and unique from others.

Help employees understand how their everyday actions and behaviors should align with organizational values.  Employees must understand this alignment to really live and breathe it.

1.  Clearly identify the core value (remember, core values are different than “permission to play” values)
2. Write down every day behaviors that exemplify that value
3. Create a question someone can ask themselves each day to determine whether they have or have not lived that value on a particular day. 

Here is an example:
Organizational Value:  Entrepreneurship
Behavioral Statements:

• Be fearless
• Run it like you own it
• Create your own opportunities

Congruent question:  Did I take the right risks today?
Here is another example:
Organizational Value:  Service above self
Behavioral statements:

• Place client needs above your own
• Make decisions in the context of the whole
• Always offer to help

Congruent question:  Did my actions today serve me, the mission or both?
 
This is neither a quick or easy process.  It cannot be delegated to a project team.  It takes focused attention and many hours for the leadership team to get it right, but it is worth the effort.  Be sure to validate your thoughts with key employees before rolling this out to the entire organization.

Reinforce organizational values through HR systems.
As mentioned above, if something is really a core value, the organization is will to make sacrifices to live up to that value.  That includes the people we have working in our organizations.  How can you embed core values into everyday behaviors?

1. When recruiting, make sure job postings clearly identify what is important to your organization.  This allows those who don’t fit to opt out early.
2. Interview for culture fit as well as aptitude.  Note:  Culture fit is not an excuse to hire people just like you!  If your organization values diversity and inclusion, make sure every interview asks a couple of behaviorally based questions about this area.  Ask they candidate how he / she will contribute to this value if hired.
3. Onboarding.  Share the hero stories.  Give examples of how these values play out in everyday work.  Incorporate the results of the exercise above
4. Incorporate values into job descriptions and performance evaluation criteria.  Make “how you do the job” as important as getting the results.
5. Make sure your leaders are passionate about, and demonstrate, the core values in their behavior.  It is difficult and disingenuous to hold employees to a behavioral standard senior leadership is not held accountable to.  

 
For more on organizational values read Patrick Lencioni’s “The Advantage”,  Gino Wickman’s “Traction”, or give Roo a call.  We’d love to work with you.

​As Roo gears up for the Minnesota Council of Nonprofits Annual Conference in Rochester October 24 - 25, I was reminded of the opportunity I had to engage with participants across the region during an e-learning event offered earlier this year  (thank you for inviting me to participate!).  There was great engagement surrounding the topic of how your HR practices can help or hinder your success as an organization at every stage in the employment life cycle.

​Despite the snowy view outside my window, spring is here. This is a great time for your  employees and supervisory to fine tune their work skills.  3 of Roo’s training programs are highlighted below. Reach out to Roo if you want to talk about these programs or other needs.
Stepping into Leadership
During this 8-week series of 90-minute sessions you supervisors will learn, share, and practice key supervisory skills in a supportive environment that reflect your company values.  Timing between sessions allows for your supervisors to practice the skills developed and debrief at the next session. For clients outside of the Twin Cities, topics can be covered in two half-day or one full day session.  Topics include;

• Managers vs. Leaders
• Accountability
• Recruiting
• Delegation
• Time and Meeting Management
• Performance Management
• Coaching and Feedback
• Communicating with Business Decision Makers

 
#metoo and you
If you have not conducted harassment prevention and workplace expectations training within the past two years, the time is now!  Admittedly, most harassment prevention trainings are quite boring and focus on “thou shalt nots”.  This is an effective CYA approach, but today’s environment provides the context for much richer dialogue in your organization. Part history lesson and part current events, this interactive training will engage your staff in relevant discussions regarding healthy workplace behaviors.
Real World Diversity, Equity and Inclusion
Diversity, Equity and Inclusion is all the rage, but how does this actually show up in your organization?  We will enhance awareness of our own identities and biases, dig deeper into the privilege that isn’t visible, and provide tools to help staff build their confidence with cross-cultural communications.