Proposed Rules for Minnesota’s Earned Sick and Safe Time Law: Key Insights for Employers
Over a year after Minnesota’s Earned Sick and Safe Time (ESST) law went into effect in January 2024, Minnesota’s Department of Labor and Industry (DLI) recently published proposed permanent rules (the Proposed Rules) that, if adopted, will regulate the ESST law. Although the rules are not yet final, they offer insights for employers on DLI’s interpretation of the ESST law. Certain Employees Accrue ESST When Working Outside of Minnesota A s a reminder, under the Minnesota ESST law, employees accrue one hour of ESST for every 30 hours worked, up to 48 hours annually . The Proposed Rules explain that an employee’s hours worked outside of Minnesota count towards accrual as long as the employer anticipates the employee will work more than 50% of their hours for the employer inside of Minnesota per accrual year. If the employer anticipates that the employee will work 50% or less of their hours in Minnesota during the accrual year, then only the...