Nursing Mother/Lactating Employees and Pregnancy Accommodation in Minnesota
June 12, 2023 | Scott M. LepakAn Update on the 2023 Changes to the Law By Scott Lepak and Katherine Bogart The 2023 Minnesota legislature amended the prior nursing mother and pregnancy accommodation statute to provide broader protections and clarifications. The law is at https://www.revisor.mn.gov/laws/2023/0/53/ at Article 11, Section 27. It will go into effect on July 1, 2023. Nursing Mothers/Lactating Employees Among the changes to the law, it now requires employers to provide reasonable break times to an employee who needs to express milk. The prior requirement that the employee be expressing breast milk for her infant child has been removed. The twelve month limitation following the birth of the child that was in the law has also been removed. A practical effect of this change is that employees expressing milk in order to sell or donate it are now permitted to take breaks for this purpose. The law also removes the prior exception where an employer could deny break times where it would unduly disrupt the operations of the employer. With this revision in the law, it appears that employer hardship is no longer a defense for employers under the law. The law adds the requirement that the employer make reasonable efforts to provide a room or other location that is clean, private and secure. The…
Read MoreNew Law in Minnesota Voids Most Covenants Not to Compete
June 5, 2023 | Scott M. LepakThe Minnesota legislature is poised to pass a law that generally prohibits employers from entering into new covenants not to compete in Minnesota except in narrow instances. It is expected that the governor will sign the bill when it is presented to him. If signed, it will become effective the day following the governor’s signature and will apply to contracts and agreements entered into on or after that date. Pursuant to this bill, a covenant not to compete is defined as an agreement between an employee and employer that restricts the employee, after termination of employment, from performing work: for another employer for a specified period of time; in a specified geographical area; or for another employer in a capacity that is similar to the employee’s work for the employer that is a party to the agreement. These limitations are important given that the courts in Minnesota have generally refused to enforce covenants not to compete where there is not a specified time limit (i.e. it applies forever) or geographic limit (it applies across the entire planet). This new law will broadly apply to employers who are individual(s), partnership, association, corporation, business, trust, or any person or group of persons acting directly or indirectly in the interest of an employer in relation to…
Read MoreMinnesota Expands Nursing Mothers Pregnancy Accommodations
September 21, 2021 | Scott M. Lepak
By Scott Lepak and Claire Schmitz The 2021 Minnesota legislature amended the nursing mother statute to provide broader protections and clarifications. The law states: (a) An employer must provide reasonable break times each day to an employee who needs to express breast milk for her infant child during the twelve months following the birth of the child. The break times must, if possible, run concurrently with any break times already provided to the employee. An employer is not required to provide break times under this section if to do so would unduly disrupt the operations of the employer. An employer shall not reduce an employee’s compensation for time used for the purpose of expressing milk. 2021 Minn. Laws Ch. 10, Art. 3, § 3 (S.F. No. 9). There are some areas of note in this amended law: The employer “must provide reasonable break times.” This implies that multiple breaks per day must be allowed. The prior law referenced a break time that was not plural. These breaks must be “reasonable.” Though “reasonable” was not defined in the original law (1998) or in the 2021 amendment, there is some authority suggesting that the average time it takes for a woman to pump her breasts is 15-20 minutes. With cleaning and putting away equipment, these…
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