Essays
Essay
Abbreviations:
ESST - Earned sick and safe time
Definitions:
Liquidated damages- “a sum of money specified in some contracts that are to be paid by one party to another as compensation for intangible losses”
The primary purpose of this bill is to hold employers accountable in regards to the safe and sick time provided to their employees. I chose this bill because I believe that there should be regulation with ensuring ESST because anyone who is an employee will have issues or conflicts arise in their life; that’s what the ESST is there for. We as a government must do everything we can to make sure that these hardworking employees are not being taken advantage of or violated of their guaranteed ESST. The bill hardly sacrifices anything either; it is more or less a change in regulation of the issuing of ESST information.
The bill is lengthy and addresses many facets regarding the responsibilities and liability of employers. I will try to summarize each section below to make the bill more digestible.
1.7-2.6
- Commissioners may issue orders requiring employers to comply with MN Fair Labor Standards Act and subsequent language
- Commissioners will issue a compliance order if contractors violate the legislation that they are liable for their workers.
2.13-2.25
- If employers do not provide or allow the use of ESST, the employer is liable for an amount equal all ESST earnings that should have occurred plus liquidated damages
- If an employer does not have documentation to quantify the ESST an employee should have, the employer is liable for 48 hours ESST at the employee’s normal rate of pay plus liquidated damages
2.27-4.29
- An employer should provide employees earning statements each pay period
- The statements must include a laundry list of typical things expected of an earning statement
- The statement DOES NOT HAVE to include ESST accrued and/or used (removed from initial bill)
- If an employee requests statements in written form, the employer must comply on an ongoing basis
- The employer must provide a notice to an employee upon employment
- Similar content to the pay statements
- Must also include information of vacation, ESST, etc., and terms of use
- Employer must provide a copy of the notice signed by each employee
- Employees must provide a copy if requested by an employee at a later date
5.1-12.2
Amendments to MN Statutes Supplement
- section 181.9445, subdivision 4
- Changes ESST payment from “hourly rate” to “regular” pay rate
- section 181.9445, subdivision 5
- Employee encompasses all but independent contractors that meet other “employee” definitions.
- Employee is one who is “anticipated to perform,” no longer one who “performs”
- section 181.9446
- Language is changed to match aforementioned amended definitions
- section 181.9447, subdivision 1
- Adds a potential use for ESST
- “need to make arrangements for or attend funeral services or a memorial, or address financial or legal matters that arise after the death of a family member”
- Adds a potential use for ESST
- section 181.9447, subdivision 3
- Amends when an employer may request documentation proving the ESST is covered
- Three consecutive days → three consecutive scheduled work days”
- “If documentation cannot be obtained in a reasonable time or without added expense, then reasonable documentation for the purposes of this paragraph may include a written statement from the employee indicating that the employee is using or used earned sick and safe time for a qualifying purpose covered under subdivision 1, clause (3).”
- Amends when an employer may request documentation proving the ESST is covered
- section 181.9447, subdivision 5
- Employees may use ESST in the same increment of time in which they are paid, and this increment (for ESST) may not exceed four hours and precede 15 mins
- Please read 9.9-9.31. This is a more flexible alternative to providing ESST data to employees, BUT it is still required.
- 181.9447, subdivision 11
- Confidentiality and nondisclosure requests by employees to employers to destroy documentation may be challenged if state or federal law or regulation requires employer to retain records
- Please read amendments in 10.25-12.5. Seem very unimportant to main focus of bill but could be discussed.
- section 181.9448, subdivision 2
- When there is a separation from employment and the employee is rehired within 180 days of separation by the same employer, previously accrued earned sick and safe time that had not been used or otherwise disbursed to the benefit of the employee upon separation must be reinstated.
See the following MN House Research for what is an even more digestible summary of the bill.
https://www.house.mn.gov/hrd/bs/93/HF3882.pdf
There are a few concerns I believe may arise. One of which is the effective dates for each amendment. Currently, all effective dates are for "the day following final enactment." Some of these sections may require employers to change their managerial behaviors (organizational), so perhaps more time could be allotted if representatives believe it is necessary. One other concern that may arise is that employers increased control over how they communicate ESST to employees, is a double-edged sword. Yes, it gives employers who all operate differently more freedom in communication, but this may lead to the use of means to make the information difficult to access for the employee.
While lengthy, the bill deals more with ensuring that the wording in MN governing documentation better lays out the parameters for ESST. The bill is a win-win-win in my eyes; it holds employers accountable, will better ensure ESST for working MN citizens, and provides more flexibility to employers for how they communicate ESST (sort of a benefit). With some brisk deliberation, I believe we can hammer this bill out and have it ready to be enacted!