1. Dave Skovholt and Mike Muenster-Blakley Labor Standards Division
Wage theft and WESA
Dave Skovholt and Mike Muenster-Blakley Labor Standards Division  

2. Wage theft training overview
What is wage theft? Is it a big problem? Who does it impact?
Laws and enforcement regarding minimum wage, overtime, breaks, record keeping, tips, etc.
Complaints, enforcement process and potential outcomes
Women’s Economic Security Act
Issues not addressed by DLI
Next steps/questions and answers
Wage theft training overview | 

3. Susan the sandwich maker
In 2018, Susan completed 13 years working in a Twin Cities area sandwich shop. Susan regularly worked more than 60 hours a week, so, her employer was required to pay her overtime for a portion of the hours she worked each week.
During those two years, her employer paid her two to three checks each pay period, each averaging hours. This multiple check process ensured she would not receive more than 40 hours on one check.
Labor Standards is pursing a wage claim for more than $14,000.
*Based on an actual DLI wage claim (first name of employee was changed).

4. What is wage theft? | www.dli.mn.gov
When an employer avoids paying or fails to pay wages earned by employees, it is wage theft.
What is wage theft? | 

5. What does wage theft look like?
Paying less than the required minimum wage.
Not paying time and a half for overtime hours.
Not paying a final check upon separation of employment.
Not paying out earned tips.
Pay deductions for short rest breaks.
Working off the clock.
Misclassifying employees as independent contractors to avoid wage and hour requirements.
Unlawful paycheck deductions.
A 2017 survey conducted by the University of Minnesota found that 28 percent of Minnesotans had personally had or knew someone who had had work breaks that were shorter than 20 minutes and had not been paid for that time, a state law violation.
What does wage theft look like? |

6. Is wage theft a big problem?
In 2016, what was the nationwide estimated dollar amount that low-wage workers lost due to wage theft?
$79.3 million
$6.7 billion
$15 billion
Levine, Marieanne, 2/18/2018, “Behind the minimum wage fight, a sweeping failure to enforce the law,” Politico, estimate by Economic Policy Institute
It is worth noting that this number, $15 billion, exceeds the value of property crimes committed in the United States each year: according to the FBI, the total value of all robberies, burglaries, larceny, and motor vehicle theft in the United States in 2015 was $12.7 billion (FBI 2016; Meixell & Eisenbrey 2014). Property crime is a better understood, more tangible form of crime than wage theft, and federal, state, and local governments spend tremendous resources to combat it. (Economic Policy Institute)
Is wage theft a big problem? | 

7. Minnesota impact | www.dli.mn.gov
How many Minnesotans are affected by wage theft each year?
2,850
39,000
275,000
*Minnesota Department of Labor and Industry estimate
2,951,300 workers in Minnesota, as of March 2018, according to DEED, (1.3% of workers suffer wage theft)
21.4 percent of people suffering wage theft nationally—had total family incomes below the poverty line. (Economic Policy Institute)
6.5 percent of noncitizens (immigrants) report being paid below the minimum wage (Economic Policy Institute)
nearly 9 percent of workers with less than a high school diploma are paid below the minimum wage, compared with 4.5 percent of high school graduates, 4.3 percent of workers with some college experience, and only 1.9 percent of workers with a bachelor’s degree or higher. (Economic Policy Institue)
Minnesota impact | 

8. Why does wage theft matter?
Worker loss of pay: Many individuals do not have the savings to deal without pay for extended periods of time. This results in difficulty paying for housing, groceries and children’s expenses.
Integrity of the employment system: State and federal law is being violated. Workers should be able to have the confidence that promised pay and benefits will be delivered.
Equal playing field: Employers not fulfilling their legal wage obligations undercut competing employers, hurting business and revenue.
177.21: maintain workers' health, efficiency, and general well-being against the unfair competition of wage and hour standards…; and (3) to sustain purchasing power and increase employment opportunities.
Why does wage theft matter | 

9. Six industries with the most wage theft complaints
Construction
Restaurants
Health care
Hotels/motels
Retail stores
Temporary agencies
David King, Minneapolis District Director, US Federal Department of Labor, Wage and Hour Division,
6 industries from US DOL. MN DLI 2017 also found construction, hospitality and health care/social services to be the most common industries for wage theft.
“Services” are 75.5% of jobs in MN. (Broadly defined by the Coalition of Service Industries, an industry trade group, includes warehousing, educational services, accommodations, financial and insurance, etc.
Six industries with the most wage theft complaints | 

10. Wage theft and the law | www.dli.mn.gov
Federal, state and municipal laws and ordinances dictate the minimum wage, overtime requirements, what break times are required to be paid, and other related regulations.
These laws often differ and it is important connect with the agency in the best position to help with each individual issue that comes up.
Examples of differences: Federal versus state overtime and state versus Minneapolis minimum wage.
Minneapolis min wage started January 1, Goes to $10.25 for small employers (less than 100 employees) and $11.25 (more than 100 employees) on July 1, Then will continue to go up on July 1 of each year until 2024 when small and large businesses get to $15.
Wage theft and the law | 

11. Laws enforced by Minnesota DLI’s Labor Standards
Minnesota Fair Labor Standards Act
Women’s Economic Security Act
Child Labor Standards Act
Other laws related to employment, wage, conditions, hours, etc.
Labor Standards at Minnesota Department of Labor and Industry is charged with administering parts or all of Minnesota statues 177, 181 and 184 as well as Minnesota Administrative Rules Chapter 5200.
The state legislature and Governor determine new laws and changes to existing laws during the spring legislative session each year.
DLI and other state agencies are charged in implementing and enforcing laws passed by through the legislative process.
Laws enforced by Minnesota DLI’s Labor Standards | 

12. Minnesota state law – Who is an employee?
Employee: Any individual employed by an employer. 
Exceptions include (not exhaustive list):
various agricultural exemptions;
those that are exempt from overtime because they are salaried and meet tests for “executive, administrative, or professional” employees; and
“over the road” truck drivers.
177.23, Subsection 7: Employee Definition
There are 19 exceptions to the definition of Employee. (example: Taxi drivers, ski facility workers)
There are executive, administrative and professional tests in Rules , and
Minnesota state law – Who is an employee? | 

13. State law – Minimum wage
Employer/employee type
Minimum wage rate
Large employer – Any enterprise with annual gross revenues of $500,000 or more
$9.65/hour (2018) - $9.87/hour (2019)
Small employer – Any enterprise with annual gross revenues of less than $500,000
Training wage – May be paid to employees aged 18 and 19 in the first 90 days of employment
Youth wage – May be paid to employees aged 17 or younger
$7.87/hour (2018) - $8.04/hour (2019)
J-1 Visa – May be paid to employees of hotels, motels, lodging establishments and resorts working under the authority of a summer work, travel exchange (J) visa
Law changed in 2014, was $6.15 then.
Federal minimum wage is $7.25 since 2009.
Minneapolis min wage started January 1, Goes to $10.25 for small employers (less than 100 employees) and $11.25 (more than 100 employees) on July 1, Then will continue to go up on July 1 of each year until 2024 when small and large businesses get to $15.
A 2017 survey conducted by the University of Minnesota found that 33% of Minnesotans had personally or knew someone who had been paid less than the minimum wage in effect at the time in a job they held.
Prevailing wages for State and State Highway construction work have different minimum wages, as determined by DLI.
*minimum wage adjusts January 1 of each year.
State law – Minimum wage | 

14. Minimum wage - credits | www.dli.mn.gov
Not allowed: “Tip credit” also know as the “tip penalty.” No employer may take a tip credit against minimum wages in Minnesota.
Allowed:
Limited meal credit
Limited lodging credit
*there can be exceptions that allow an employer to require tip pooling when there are multiple direct service employees, for example a banquet service
Minnesota is one of only 7 state without a tip penalty.
26 States with tip credit towards a state or federal minimum wage
17 states with 2.13 tipped minimum only.
Surly agreed to pay roughly 140 bartenders and servers in the class action case about $2.5 million in March of 2018 for a required tip pool case (Hennepin County District court)
177.24, Subdivision 2 & 3
Minimum wage - credits | 

15. State law – Hours worked
The minimum wage must be paid for all hours worked.
Hours worked include:
training time
call time
cleaning time
waiting time
travel time
*travel time is not always considered work time.
State law – Hours worked | 

16. State law – Deductions from wages
Deducting expenses from employees:
Up to $50 for a uniform
Up to $50 for equipment
Consumables
Travel expenses
However:
Deductions cannot bring the employee below the minimum wage, and
Employer must reimburse the employee for any deductions upon separation.
Uptown Drink (Spin and Drink bar nightclubs in Minneapolis took cash register shortages from employee tips (750 employees, MN Supreme Court Case, order to pay back over $700,000.)
State law – Deductions from wages | 

17. State law – Deductions from Wages
Other situations – signed agreement
Lost/stolen property, damage to property, other indebtedness
Voluntary authorization from employee AFTER loss/indebtedness has occurred; OR
If employee has been held liable in court
Any written authorization must state the amount to be deducted each pay period
Purchase/loan
Authorization still required, but can be made PRIOR to purchase or loan.
2/4/2019
Optional Tagline Goes Here | 

18. State law – Deductions from Wages
Exceptions
Where a CBA authorizes a deduction;
Where employer has established rules for commissioned salespersons where deductions are taken for disciplinary purposes for errors or omissions in the employee’s work.
Consequences of Violation
Employer may be liable in court for twice the amount of the deduction taken.
2/4/2019
Optional Tagline Goes Here | 

19. State law – Meal and lodging credits
Meal allowance
Wholesome, nutritious meal furnished by employer and accepted by employee. $5.70 a day for large employer; $4.65 a day for small employer (60 percent of one hour of state minimum wage a day)
Lodging allowance
Fair market value if a leased residence with exclusive kitchen and bathroom facilities, or $7.13 (large); $5.81 (small) (75 percent of one hour of minimum wage a day).
State law – Meal and lodging credits | 

20. Final wages upon separation of employment
Employees terminated, discharged or fired are due all wages and commissions within 24 hours of that employee’s written demand for payment.
For employees who voluntarily leave employment, wages and commissions are due on the next regularly scheduled payday. If the payday is within five days of the last day of work, the employer has up to 20 days to make final payment.
Penalties: Under Minnesota’s final pay laws, the employer may be liable to pay their former employee’s average daily earnings for each day the employer is late paying wages, up to 15 days.
A 2017 survey conducted by the University of Minnesota found that 33% of Minnesotans had personally or knew someone who had been paid less than the minimum wage in effect at the time in a job they held.
Final wage upon separation of employment | 

21. State law - Breaks | www.dli.mn.gov
Every four hours worked: Adequate time to use the nearest restroom.
Every eight hours worked: Sufficient time to eat a meal.
Any rest periods of less than 20 minutes is considered hours worked.
State law - Breaks | 

22. State law – Record keeping
Personnel files
Earnings statements
Timesheets
Fed notes:
Nothing to add
State law – Record keeping | 

23. State law – Personnel files
What is included in a “personnel file?”
any application for employment;
wage or salary history;
notices of commendation, warning, discipline or termination;
authorization for a deduction or withholding of pay;
fringe benefit information;
leave records; and
job titles, dates of promotions, transfers, and other changes, attendance records, performance evaluations, and retirement record.
State law – Personal files | 

24. State law – Personnel files
If requested in writing, employer must allow an employee to review their personnel file:
At least once every six months for current employees.
At least once a year for separated employees.
Employer must provide file review within seven days if it is in Minnesota or 14 days if it is outside Minnesota.
Current employees can request a copy after review.
Separated employees may be provided a copy in lieu of an opportunity to review (employer must maintain and provide for up to three years).
State law – Personnel files | 

25. State law – Earnings statements
Information required to be on a statement of earnings:
employee name;
hourly rate of pay (if applicable);
total number of hours worked, unless exempt from chapter 177;
total gross pay during the period and net pay after deductions;
all deductions made;
pay period end date; and
legal name of employer and operating name (if different from the legal name).
State law – Earnings statements | 

26. State law – Earnings Statements
Earnings statements must be provided:
At the end of each pay period (covering that pay period).
Either in writing or by electronic means.
If provided electronically, employee must have access to an employer-owned computer during the employee’s regular working hours to review and print their earnings statements.
In writing, rather than by electronic means, if requested in writing by the employee with 24 hours notice.
This must continue on an on-going basis.
State law – Earnings Statements | 

27. State law – Timesheets, etc.
Employers must keep records of:
the name, address, and occupation of each employee;
the rate of pay, and the amount paid each pay period to each employee; and
the hours worked each day and each workweek by the employee.
Records must be kept for a minimum of three years.
Up to $1,000 may be assessed for each failure to maintain records.
State law – Timesheets, etc. | 

28. Misclassification | www.dli.mn.gov
Misclassification definition The practice of labeling workers as independent contractors instead of employees in order to avoid certain legal obligations, such as worker’s compensation, tax obligations, and fair labor standards. Frequent question for Minnesota’s Labor Standards Does misclassification lead to a violation of the MFLSA or FLSA?
Misclassification | 

29. Federal law: Over 40 hours
Overtime
Minnesota law: Over 48 hours This is a general guideline that applies in most situations. DLI refers many overtime cases to the U.S. Department of Labor because the general federal threshold is lower.
Federal law: Over 40 hours
This is a general guideline that applies in most situations. The U.S. Department of Labor should be contacted for further details.
Healthcare exception.
Agriculture differences:
In a January settlement with the Minnesota Department of Labor and Industry, Hader Farms of Zumbrota, Minn., agreed to pay workers $17,633 in back overtime wages. In 2012, the Minnesota Appeals Court ordered Daley Farms of Lewiston, Minn., to pay $86,385 in back overtime wages to employees.
Overtime | 

30. Complaint and intake process
Minnesota Department of Labor and Industry will:
move to a strategic enforcement model;
no longer be strictly complaint-based;
identify strategic industries upon which to focus investigative resources; and
never disclose the name of a complainant or any information that could lead to the identity of the complainant.
Complaint and intake process | 

31. Complaint and intake process
Information helpful to DLI in investigating a complaint:
An employee willing to share information and documentation with DLI about employer violations and method of violations (either directly or via a third party).
Time records and pay stubs.
Direct knowledge about how laws are being circumvented, especially if employer records will not show violations Example: Employer adjusting time records, skimming hours, taking employee tips, etc.
Complaint and intake process | 

32. Powers, duties and enforcement process of Labor Standards
Wage claim process
For final wages (upon separation).
Employee must file claim personally.
Claim process is “informal.”
Detailed information about employer, employee and unpaid amount needed.
Four-day processing goal.
Additional enforcement actions
Notice of initial findings (NOIF)
Consent Order
Compliance Order
Office of Administrative Hearings
Court of Appeals
Examination of records
Civil actions
Powers, duties and enforcement process of Labor Standards | 

33. Minnesota Department of Labor and Industry | www.dli.mn.gov
Labor Standards
During the past five years, DLI’s Labor Standards unit has handled an average of 1,500 cases annually and has recovered more than $4.8M in back wages.
Minnesota Department of Labor and Industry | 

34. Successful wage claim | www.dli.mn.gov
In March 2017, a worker at a grain distribution business in Chaska, Minnesota, contacted Labor Standards stating that his employer had not paid him in 14 months. The man was employed as truck delivery driver and traveled long distances throughout the state while working. He was “retired” at the time and was working part time.
After processing a phone intake, Labor Standards opened a wage claim to pursue the missing wages.
When contacted, the employer admitted he had not paid this employee and shortly thereafter, mailed Labor Standards a check for $10, and corresponding pay stubs to be passed on to the worker.
Successful wage claim | 

35. The Women’s Economic Security Act (2014)
Wage disclosure
Nursing mothers
Pregnancy and parenting leave
Pregnancy accommodations
Sick and safe leave
Other changes under WESA: Grants/programs for women in high-paying, nontraditional occupations; changes to Human Rights Act for “familial discrimination;” changes to unemployment insurance.
The Women’s Economic Security Act | 

36. Wage Disclosure | www.dli.mn.gov
NEW in 2014
ALL employers in Minnesota cannot:
Require an employee to refrain from disclosing their wages
Require an employee to sign any document which would deny the right to disclose wages
Take adverse employment action against an employee for
Disclosing their own wages
Discussing another employee’s wages, if that employee disclosed their wages voluntarily.
Employees whose rights under this law are violated may contact DLI or sue.
2/4/2019
Wage Disclosure | 

37. Wage Disclosure | www.dli.mn.gov
Caveats:
Neither employees nor employers are required to disclose wages.
Employees cannot disclose the employer’s protected information unless agreed to in writing by the employer
NLRA still in full force;
Employees are not permitted to disclose wage information of other employees to a competitor;
Employers who have handbooks must include a provision regarding wage disclosure
Employers cannot retaliate.
Employer’s protected information: proprietary information, trade secrets, information under a legal privilege or other legal protection
NLRA = federal enforcement, may offer greater disclosure benefits. Enforced by NLRB. (Minneapolis: )
Employees free to disclose their own wages to competitor, which makes sense (think salary discussions in a new position)
2/4/2019
Wage Disclosure | 

38. Nursing Mothers | www.dli.mn.gov
AMENDED in 2014 as to location requirement.
Who’s covered?
Any employer; and
any employee who needs to express breast milk for their child.
Basic Requirements: Time and Location
Time:
If possible, “reasonable unpaid break time” that is taken at the same time as any existing breaks.
Exception: if taking the break time would unduly disrupt the employer’s operations.
Time requirements not amended in 2014, so this should be nothing new to Minnesota employers not already covered by FMLA/ACA
“[E]mployee who needs to express […]”; “infant” child; “reasonable” time moving target. Determined case-by-case.
Section 7 of the federal Fair Labor Standards Act (as amended by the Affordable Care Act) requires employers covered by the federal FLSA provide:
- “reasonable” break time for EE to express breast milk for her nursing child – 1yr from birth
- requires this time to be provided EACH TIME the employee needs to express breast milk
- a location OTHER THAN A BATHROOM that is shielded from view and free from intrusion
- this time is not required to be compensable time
- state laws with greater protection are not preempted
- EXCEPTION: ER with < 50 EEs AND undue hardship due to the time or location
2/4/2019
Nursing Mothers | 

39. Nursing Mothers | www.dli.mn.gov
Basic Requirements: Time and Location (cont’d)
Location:
Close to work area
Cannot be a bathroom or toilet stall
Shielded from view
Free from intrusion from coworkers and the public
Access to electrical outlet
Exception: reasonable efforts
Retaliation prohibited.
Amended in 2014:
- Added “bathroom” to prohibited locations
- Added requirements “shielded from view” and “free from intrusion […]”
- Added requirement for electrical outlet
- Added anti-retaliation provision
Most concepts (esp. “close” to work area, but also degree of privacy) are moving targets. For example, doors on rooms are not strictly required to have a lock, although its best practice.
2/4/2019
Nursing Mothers | 

40. Pregnancy and Parenting Leave
AMENDED in 2014
Covered entities
Employee:
Has worked for employer for at least 12 months; AND
Has worked at least ½ FTE in the 12 months preceding the request
Employer
Has at least 21 employees at any one location in Minnesota.
Amendments:
- Previously required that EE worked for ER for a CONSECUTIVE 12 months prior to leave AND required that the employee work at least ½ FTE in those 12 months
- This is a positive change but effectively doesn’t change much since EEs are still required to work ½ FTE in the 12 months immediately preceding (i.e. the 12 consecutive months prior)
Definition of employer unchanged.
2/4/2019
Pregnancy and Parenting Leave | 

41. Pregnancy and Parenting Leave
Benefits
Up to 12 weeks of unpaid leave related to pregnancy, birth, or adoption
Biological or adoptive parent in conjunction with birth or adoption
Female employee for prenatal care or incapacity due to pregnancy, childbirth, or related health conditions
Leave starts at a time requested by employee, must start either within 12 months of birth or adoption or within 12 months of the date when the child leaves the hospital, if later than the mother.
Employers cannot retaliate against an employee for requesting or taking this leave.
Employers must make insurance coverage available during absence; employees may be required to pay for coverage while on leave.
Amendments:
- Leave increased from six to twelve weeks, mirrors FMLA.
- Covers leave due to “pregnancy, childbirth, or related health conditions. Changed from covering time needed away “in conjunction with the birth or adoption[.]” (Expanded)
- Leave begins within 12 months of a time requested by the employee.
- Change is in the “within 12 months” piece; the leave previously started at a time requested by an employee
- “Within” means before or after. It must since employees can take leave due to prenatal or other conditions that arise before birth.
- Employers may require an employee taking leave to:
- give “reasonable” notice of the date leave will begin and the estimated duration of the leave.
2/4/2019
Pregnancy and Parenting Leave | 

42. Pregnancy and Parenting Leave
What if other leave is taken?
Potential reduction in time available under Minnesota law:
Paid benefits (e.g. paid parental, disability, personal, medical, or sick leave)
Paid vacation
Leave taken under the Family Medical Leave Act for the same purpose.
Employers are free to offer more leave to employees than what is required under Minnesota law.
Return to Work: Employees entitled to return to work in same or similar position with regard to duties, number of hours, and pay.
Return to Work:
- Exception: If employer experiences layoff and the employee would have lost their job regardless, the employee is not entitled to reinstatement. That employee does retain rights under any layoff and recall system that is in place.
- Employees returning from a leave lasting longer than a month must notify a supervisor at least two weeks prior to return from leave.
2/4/2019
Pregnancy and Parenting Leave | 

43. Pregnancy Accommodations
NEW in 2014
Covered entities same as those covered by pregnancy and parenting leave.
Requirements:
Employers to provide “reasonable accommodations,” engage in an “interactive process” to discover what accommodations are reasonable.
More frequent restroom, food, and water breaks; seating; and limits on lifting over 20lbs are reasonable; employees may not be required to get medical professional advice prior.
Employers are not required to create new or additional position(s), discharge or promote any employee, or to transfer more senior employees to accommodate.
2/4/2019
Pregnancy Accommodations | 

44. Pregnancy Accommodation
Employer Prohibitions:
Employers may not retaliate for requesting or obtaining an accommodation.
Employers may not require an employee to take pregnancy or parenting leave or to take a pregnancy related accommodation.
Undue hardship exception.
Other rights may exist with regard to other law not enforced by DLI.
Minnesota Human Rights Act; Americans with Disabilities Act; Pregnancy Discrimination Act
Note: this section doesn’t diminish any other law relating to sex discrimination or pregnancy, and does not diminish the coverage of pregnancy, childbirth, or health conditions related to pregnancy or childbirth under any other provisions of any other law.
2/4/2019
Pregnancy Accommodation | 

45. Sick and Safety Leave | www.dli.mn.gov
AMENDED in 2014
Covered entities same as those covered by pregnancy and parenting leave
Basic overview
Covered employees can use their leave for illness or injury of covered relatives
Covered employees can use leave or take time for safety leave
“Safety leave” is leave taken to provide or receive assistance because of sexual assault, domestic abuse, or stalking. Applies to ALL covered relatives in sick leave provision.
A minimum of 160 hours of leave is available for safety leave in a twelve month period.
Employers cannot retaliate if sick or safety leave is taken.
Covered relatives: child, adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent. Minn. Stat. § (a). “[G]randchild includes a step-grandchild, and a biological, adopted, and foster grandchild. Minn. Stat. § (e).
Sick Leave provided by the Employer versus 160 hour limitation: Employers are not required to provide any amount of sick time for employees. If they provide the benefit, employees can take it. However, if the total benefit provided by the employer exceeds 160 hours, the employer can restrict use of the benefit for sick leave due to a covered relative even if the time is available for the employee to take for their personal illness or injury.
160 hour line: Employees receive at least 160 hours of safety leave in a twelve month period, if needed. Employers can cap at that amount, a higher amount, or may not cap.
(NOTES CONTINUE ON NEXT PAGE)
2/4/2019
Sick and Safety Leave | 

46. Sick and Safety Leave | www.dli.mn.gov
Return to Work: Employees are entitled to return to their former position.
Important changes:
Mother-in-law, father-in-law, and grandchild added to list of family members covered by sick and safety leave; “grandchild” includes step-grandchildren and biological, adopted, and foster grandchildren.
Addition of safety leave
Return to work:
- Exception: If employer experiences layoff and the employee would have lost their job regardless, the employee is not entitled to reinstatement. That employee does retain rights under any layoff and recall system that is in place.
(continued notes)
Safety leave: EE IS ABLE TO TAKE TIME, REGARDLESS OF WHETHER ER OFFERS SICK LEAVE
- Limited to “reasonable periods of time as may be necessary.”
- Remember: entitled to at least 160 hours. Could be capped at 160 hours.
Safety Leave: Eligible family members
- Doesn’t just apply to significant other, spouse, partner (i.e. the two people in the relationship). Can apply based on sexual assault, domestic abuse, or stalking of any family member covered by sick leave provisions.
2/4/2019
Sick and Safety Leave | 

47. Good to Know: School Conference and Activities Leave
Not part of WESA; most recent version enacted in 2002.
Covered Entities
Employee must have worked for an average of ½ FTE in the 12 months preceding the request for leave; no requirement to have worked for 12 months.
Employer is a person or entity employing at least one employee in Minnesota.
2/4/2019
School Conference and Activities Leave | 

48. Good to Know – School Conference and Activity Leave
Benefits
Covered employees can take up to 16 hours during a 12 month period to attend school conferences or school-related activities for the employee’s child provided those activities cannot be scheduled during non-work hours.
This time can be used for leave related to the following activities of the child receives child care services or pre-K programs (regular or special ed) if the activities cannot be scheduled during nonwork hours:
School related conferences or activities related to the child;
Observe and monitor the services of the program
2/4/2019
School Conference and Activities Leave | 

49. Good to Know – School Conference and Activities Leave
Return to Work: Employees are entitled to return to their position.
Caveats:
If the need for leave is foreseeable, the employee must provide reasonable notice to the employer prior to the leave and try to schedule the leave such that it is not unduly disruptive
The leave need not be paid leave, but employees may substitute accrued paid leave for unpaid leave.
Return to Work:
- Exception: If employer experiences layoff and the employee would have lost their job regardless, the employee is not entitled to reinstatement. That employee does retain rights under any layoff and recall system that is in place.
2/4/2019
School Conference and Activities Leave | 

50. Other Changes Under WESA
Advisor with expertise in assisting women in obtaining employment in high- wage, high-demand, nontraditional occupations added to the Governor’s Workforce Development Council
Equal Pay Certificates required for certain state contracts
Grants/programs meant to increase the presence of women in high-wage, high-demand, nontraditional occupations
Expansion of discrimination to include familial status discrimination
Equal Pay Certificate: Basically ensures that male and female employees are treated approximately the same; that women are not treated differently than men simply because of sex.
Grants/programs: refer to PIPELINE (DLI Apprenticeship)
2/4/2019
Other Changes Under WESA | 

51. What’s Wrong with this Scenario?
Jane Doe works for a Minnesota contractor as a roofer. She’s worked for her employer consistently as a full-time employee for five years. Jane recently found out she was pregnant, and contacted her employer to have a chat about what her options for leave and accommodation are. The next day, Jane was taken off the schedule. When she inquired further about the matter, she was told she was put on leave as a “precaution.” When she asked to instead be placed on a shift with similar responsibilities that kept her on the job site, she was given the option to run inventory back at the shop but, despite repeated requests, was never scheduled to work in the shop. She was given the ability to pick up odd shifts, but was never offered any accommodations.
2/4/2019
WESA Scenario 1 | 

52. WESA Answers 1 | www.dli.mn.gov
Open question: how many employees does employer have, and where do they work?
Open question: what kind of leave did employee use?
Employer put employee on leave, forcing her to take a leave that was not even requested
Employee may be entitled to back benefits, any difference in pay.
Employer may have failed to engage in interactive process re: accommodations
2/4/2019
WESA Answers 1 | 

53. What’s Wrong with this Scenario?
Shawna Johnson works for a local caterer. She sets up and serves at buffets. Her employer has three locations. The Twin Cities location has 19 employees, main headquarters has 7 employees, and the Duluth location where Shawna works has 15 employees. Shawna has just returned to work from a pregnancy leave and needs time to pump for her newborn. Upon return, she was assigned to prep materials for banquets at the Duluth location; she was not assigned to staff banquets. A few banquets were short-staffed, however, and Shawna filled in at these events. When Shawna asked about facilities for pumping at the on-site locations, the employer reported that she should pump before or after work, and that the provision of on-site facilities for pumping was not their responsibility.
2/4/2019
WESA Scenario 2 | 

54. WESA Answers 2 | www.dli.mn.gov
Number of Employees is partially a red herring!
Entitlement to leave/accommodations not at issue here; issue is entitlement to nursing mothers’ accommodations.
Reassignment could be retaliation for taking leave or requesting nursing mothers accommodations
Is this standard practice? Was it medically indicated? Was there a decrease in wages? Is this a “similar” position in terms of duties and salary?
Nursing mothers accommodations are a problem
Employees should be provided regularly scheduled break time, if possible. If not and not an undue disruption, employees should be provided time.
Location of the work site doesn’t matter. Employers who staff employees off-site should ensure that a nursing mothers room is available if one is required.
2/4/2019
WESA Answers 2 | 

55. Issues not addressed by DLI or USDOL
Discrimination in the workplace
Contract disputes
Vacation time / PTO / severance pay
Pay raises (scheduled or promised)
Reason for discharge
Agencies we make referrals to:
Minnesota Department of Human Rights
Minnesota Department of Employment and Economic Development
U.S. Department of Labor (Minneapolis office)
Equal Opportunity Employment Commission (EEOC)
National Labor Relations Board
Minnesota Department of Revenue and Federal Internal Revenue Service
St. Paul Human Rights and Equal Economic Opportunity and Minneapolis Department of Civil Rights
Issues not addressed by DLI or USDOL | 

56. Future trainings and questions and answers
Questions or topics you would like to know more about?
Suggestions about other groups DLI should reach out to?
Contact Labor Standards Monday through Friday, 7:30 a.m. to 6 p.m.
Phone:
Web:
Future trainings and Q and A | 

57. Thank You! Dave Skovholt Mike Muenster-Blakley
Wage Theft Outreach Coordinator
Senior Labor Investigator
michael.muenster-
Phone:
Phone: