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Court Confirms Minneapolis Sick Leave Ordinance Not Enforceable Against Employers Based Outside of City

Last week, a court upheld the Minneapolis paid sick leave ordinance, but ruled that it is only enforceable against employers within the city’s limits. Minneapolis’s paid sick leave ordinance was passed in 2016 and was immediately challenged by the Minnesota Chamber of Commerce, which argued that the Minneapolis ordinance conflicts with state law and cannot be enforced against employers who do not have a physical presence in the city. That challenge resulted in a temporary injunction of the ordinance against employers located outside of the City of Minneapolis, but employers located within the city had to comply and offer the mandated paid sick leave.  Now, the court has made the temporary injunction permanent. Employers should keep their eye on the status of the Minneapolis paid sick leave law to see if the City appeals the court’s decision or amends the ordinance in a way to cover more employees working in Minneapolis for employers that don’t have a physical presence in the city.

Meanwhile, the State of Minnesota has tried to stop the Minneapolis ordinance and the City of Saint Paul’s paid sick leave ordinance by proposing a state-wide bill that would preempt local governments from passing wage and benefit ordinances, such as these cities’ paid sick leave laws and Minneapolis’ minimum wage ordinance. The preemption bill has been introduced unsuccessfully in the last three legislative sessions, leaving Minneapolis’ and St. Paul’s paid sick leave laws intact for now.

Jackson Lewis P.C. © 2018

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About this Author

Richard Greiffenstein, Workplace Law Attorney, Employment Lawyer, Jackson Lewis Law Firm
Associate

Richard Greiffenstein is an Associate in the Minneapolis, Minnesota, office of Jackson Lewis P.C. His practice focuses on representing employers in workplace law matters, including discrimination, harassment, retaliation, and wage and hour claims. Additionally, he regularly provides preventive advice to employers and assists them in drafting employment-related policies, handbooks, and agreements.

During the course of his career, Mr. Greiffenstein has represented corporate clients in state and federal courts, domestic and international...

612-787-3505
Megan Holstein Health Management Lawyer Jackson Lewis
Principal

Megan Holstein is a Principal in the Denver, Colorado, office of Jackson Lewis P.C. Her practice focuses on disability, leave of absence, workplace accommodations and health management issues.

Ms. Holstein advises and represents employers regarding disability, paid sick and family leave, and accommodation administration, compliance audits, policies, training, and health management issues. She has extensive experience focusing on the Family and Medical Leave Act, the Americans with Disabilities Act, and their state law equivalents as well as disability and family leave benefits, including ERISA as it pertains to short- and long-term disability plans and statutory disability and paid family leave.

Practices

  • Disability, Leave and Health Management

  • Employee Benefits

Education

  • University of Colorado School of Law

J.D., 2002

  • University of Illinois at Chicago

B.A., 1996

Admitted to Practice

  • Colorado - D. Colo.

2003

  • Colorado

2002

  • New York

2014

303-876-2228