September 20, 2021

Volume XI, Number 263

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September 20, 2021

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Duluth, Minnesota Adds Permitted Uses, Notice, Enforcement to Sick and Safe Time Ordinance

Employers covered by the Duluth, Minnesota Sick and Safe Time ordinance will need to revisit relevant policies in light of amendments that will become effective August 19, 2021.

The mayor signed File # 21-023-O (which the Duluth City Council unanimously passed on July 19, 2021), amending the Earned Sick and Safe Time (ESST) ordinance to expand the list of permitted uses and impose new notice and enforcement provisions.

Expanded Covered Use

In additional to using ESST for an employee or employee’s family member’s mental or physical illness/injury, preventive care, or absences due to domestic abuse or sexual assault, employees may use ESST for lost work hours due to closure of an employee’s place of employment for public health reasons.

New Notice Requirements

Under the ordinance, employers can satisfy the notice requirement by displaying in a conspicuous place a notice informing employees of their (1) entitlement to ESST, (2) the amount of the ESST, (3) terms of its use, (4) prohibition of retaliation, and (5) employees’ rights to file a written complaint under the ordinance.

The new law requires employers to provide every new employee an individual copy of the employer’s ESST policy (or equivalent paid time off or PTO policy). Further, employers that maintain employee handbooks must include a copy of the ESST policy (or equivalent PTO policy) in the employee handbook.

Broader Remedies

The new law also clarifies that written notice to employees of a violation and corrective action is among the various relief the city clerk may order upon a finding of a violation of the ESST ordinance. The list of available relief is non-exhaustive and includes reinstatement and backpay, crediting ESST accrued but not credited, and payment of unlawfully withheld ESST.

For more information on the Duluth ESST ordinance see, Preparing for Duluth, Minnesota’s Sick and Safe Time Ordinance Taking Effect January 1, 2020 and How to Prepare for Duluth, Minnesota’s Earned Sick and Safe Time Ordinance.

Jackson Lewis P.C. © 2021National Law Review, Volume XI, Number 217
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About this Author

Gina K. Janeiro, Employment Labor Attorney, Jackson Lewis Law firm
Office Managing Principal

Gina K. Janeiro is Office Managing Principal of the Minneapolis, Minnesota, office of Jackson Lewis P.C. She is certified as a Labor and Employment Law Specialist through the Minnesota State Bar Association.

Ms. Janeiro practices in all aspects of employment law and advises and represents clients in the areas of discrimination and harassment, disability management, employment contracts, wage and hour compliance, commission claims, noncompetition litigation, drug testing law, defamation, whistleblower and in closely-held corporation and partnership disputes. Ms...

612-359-1766
Hadley M. Simonett Associate Minneapolis
Associate

Hadley M. Simonett is an Associate in the Minneapolis, Minnesota, office of Jackson Lewis P.C.

While attending law school, Ms. Simonett was awarded the Minnesota Bar Association Law Student Award for Excellence in Employment Law and recognized for her dedication to public service. She served as an editor of the Minnesota Journal of International Law, and President of the Student Employment and Labor Law Association from 2017-2019. She also participated in the Mediation Clinic, completing the 30-hour civil mediation training and becoming Minnesota Rule...

612-787-3505
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