Workplace Legislation LandscapeDoug Loon, President

Cam Winton, Director of Labor-Management Policy

1. Proposal for Paid Family Leave System2. Minimum Wage 3. Reform of ADA Compliance Provisions4. Workers’ Compensation 5. Ordinances Mandating Paid Sick and Safe Time6. Statewide Consistency of Regulations (“Preemption”)7. Minnesota Chamber’s Litigation vs. Minneapolis

Areas of activity in Minnesota:

1. Proposal for Paid Family Leave System

Proposal from 2016 legislative session: ∙ New payroll tax on employers and employees.∙ Proceeds would fund new benefit and administration. ∙ Benefit: paid leave for up to 12 weeks per year to cover family care leave, bonding leave, and/or pregnancy leave.∙ Exceeded FMLA requirements and existing programs in the 5 states that have them.∙ MN Chamber opposed this inflexible mandate.

1. Proposal for Paid Family Leave System (continued)

MN Chamber supports: ∙ Sharing of best practices. ∙ Flexible approaches that work for each workplace. ∙ Consideration of incentives for employers to offer paid leave benefits. ∙ Consideration of incentives for employees to save for the paid leaves they take.

1. Proposal for Paid Family Leave System (continued)

2. Minimum Wage (continued)

Minnesota: highest minimum wage rates in the Upper Midwest and one of highest in United States.

2. Minimum Wage

∙ Annual indexing to inflation starts on Jan. 1, 2018. ∙ MN Chamber opposes automatic inflation index. ∙ MN Chamber opposes city-by-city patchwork of minimum wages.

3. Reform of ADA Compliance Provisions

3. Reform of ADA Compliance Provisions

Compromise bill from 2016 legislative session:

∙ created new defenses for businesses.∙ shifted burden of proof for businesses that have buildings audited by accessibility experts.∙ Unfortunately, bill did not create mandatory notice.

3. Reform of ADA Compliance Provisions

 Abusive lawsuits have continued.  Two-prong response from Chamber:

1)Educate business community on ADA accessibility requirements.

2) Potentially pursue additional legislation on lawsuit reform.  

4. Workers’ CompensationMinnesota Workers’ Compensation System Cost per $100 of Payroll:

4. Workers’ Compensation (cont.)∙ Medical providers and insurance carriers:

∙ have implemented fee schedule reform for inpatient care.

∙ now negotiating fee schedules for outpatient hospitals settings and ambulatory surgical centers.

∙ To continue reducing the cost of the workers’ compensation system, we support fee schedules and reforms to claims process.

5. Ordinances Mandating Paid Sick and Safe Time

5. Ordinances Mandating Paid Sick and Safe Time (continued)

City-by-city patchwork emerging: ∙ Ordinances in St. Paul and Minneapolis effective 7-1-17.∙ Any employees who work within city limits greater than 80 hours/year must receive the benefit. ∙ Benefit: 1 hr. “paid sick and safe time” per 30 hrs. worked. ∙ Specific accrual and banking requirements. ∙ MN Chamber opposed these inflexible mandates.∙ Duluth has convened “working group.”

6. Statewide Consistency of Regulations (“Preemption”)

∙ Businesses in Minnesota need consistent workplace laws across the state. Patchwork = not acceptable. ∙ Minnesota does not have an explicit statute preempting all local workplace mandates. ∙ In 2015-2016 session, explicit preemption bill passed GOP House but not DFL Senate. ∙ MN Chamber will continue advocating for preemption statute.

∙ Under Minnesota case law, a city may not enact an ordinance that conflicts with state law. ∙ In mid-October, MN Chamber brought legal action vs. City of Minneapolis to strike down Minneapolis ordinance. ∙ Court date December 8th.

7. Minnesota Chamber’s Litigation vs. Minneapolis

Questions? Doug Loon, President

Cam Winton, Director of Labor-Management Policy