Page 10 - Minnesota Vol 8 No 3

TOM MARSHALL AND CHARLIE FIRTH | Employment Law The 2019 Proposed Pro-Employee Bills
The new Democrat-controlled Minnesota House prominent- ly features pro-employee bills as part of its 2019 agenda. e bigger question is whether any of these bills will receive a hearing in the Republi- can-controlled Minnesota Senate.
e bills include standards for sexual harassment, paid leave, wages and other issues. Here are a few of the proposed bills.
NO. 1: Continuing from the last session, HF 10 deals with sexual ha- rassment and intends to remove the evidentiary requirement that the ha- rassing conduct be “severe or perva- sive.” is standard has been adopted by state and federal courts for many years but, in several decisions, has raised the bar so high that a harassed employee has been prevented from receiving a fair trial on the merits of their claim. Late last legislative session, Republican House Major- ity Leader Joyce Peppin introduced a bill identical to HF 10. e bill was generally opposed by employers who feared elimination of the standard would result in greater employer li- ability and confusion without giving courts guidance on how to evaluate sexual harassment claims. Neverthe- less, the bill passed the committee
and, with bipartisan support, was adopted as a oor amendment to the Omnibus Supplemental Bill. e Re- publican Senate did not vote on the bill last year and Rep. Peppin has also le the legislature.
Sheila Engelmeier of Engelmeier & Umanah (“E&U”) provided testimo- ny in support of the bill last year and in the House Judiciary Committee on February 7, 2019. Recently, Ms. Engelmeier and colleague Susanne Fischer provided training to legisla- tors on sexual harassment. e bill is being sent to the House oor.
NO. 2: HF 5 proposes a “Family and Medical Bene t Insurance Divi- sion” in the Department of Employ- ment and Economic Development (“DEED”). e bill would provide 12 to 26 weeks of bene ts for leaves of the type found in the federal Family and Medical Leave Act for a serious health condition, parenting leave and leave for caring for military service members. Signi cantly, a leave under the bill does not count as paid leave under Minnesota’s parental leave statute.
e bill also includes bene ts for “safety leave” related to issues from domestic abuse, sexual assault, or stalking. e leave must be based
upon a “single event of at least seven days” and the days “need not be con- secutive.”
A person applies for the bene t much like they would for unemploy-
ment bene ts and the new DEED division makes the decision. e bill contains an appeals process which would allow a denial or challenge of bene ts be taken to an administrative law judge and to the Court of Ap- peals.
e bill provides for reinstatement to the same or equivalent position a er the leave is taken. If not, the employee may recover “damages re- coverable by law,” attorney’s fees and costs.
e bill covers all employers al- though employers may opt out by ling an application agreed to by a “majority of a ected employees” if an employer has an equivalent or better plan. e plan also applies to self- employment, provided the premiums are paid.
NO. 3: HF 6 proposes amending several statutes to provide penal- ties to employers who fail to pay an employee all wages to which the em- ployee is entitled. An employer could be convicted of a gross misdemeanor if the total of wages for a ected em- ployees exceeds $10,000. Another provision gives an employee a claim for retaliation in addition to one to collect wages due. is hardly seems controversial but...
e proposed bill also places sig- ni cant and burdensome record- keeping requirements on employ- ers and notices that employers must provide their employees at the in-
Tom Marshall, an MSBA labor & employment law specialist and a 2015 Minnesota Lawyer Attorney of the Year, counsels employees and employers in workplace law and litigation. Charlie Firth is an Engelmeier & Umanah attorney primarily representing employees in employment law matters. His additional practice areas include government fraud (False Claims Act – qui tam), medical malpractice, personal injury, and class actions. They can be reached at [email protected] or [email protected].
TOM MARSHALL
CHARLIE FIRTH
ATTORNEY AT LAW MAGAZINE · MINNESOTA· VOL. 8 NO. 3 10