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Volume XII, Number 146

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Minneapolis and St. Paul to Require Proof of Vaccination or Negative Test for Certain Businesses

Beginning January 19, 2022, both the City of Minneapolis and City of St Paul, Minnesota, will require businesses where food or drink is sold for indoor onsite consumption to require patrons show proof of a completed vaccination series or a negative COVID-19 test obtained within three days (72 hours) prior to entry. Additionally, the requirements will go into effect on January 26, 2022, for ticketed events that sell or serve food or drink for indoor onsite consumption.

The St. Paul order, Executive Order 2022-4 (amended by Executive Order 2022-5), applies only to places of public accommodations licensed by the city. The Minneapolis order, Emergency Regulation No. 2022-4, does not contain such a limitation.

Both orders also mandate all employers of businesses subject to the regulation to comply with Occupational Safety and Health Administration (OSHA) standards 1910.501(e) and (g), which govern employee vaccination status and testing requirements, regardless of the number of employees. However, the day after the cities issued the regulations, the U.S. Supreme Court issued its opinion in National Federation of Independent Business v. Department of Labor, No. 21A244 (Jan. 13, 2022). For more information on the Supreme Court’s ruling and the OSHA Emergency Temporary Standard, see our article, U.S. Supreme Court Puts OSHA COVID-19 Vaccine-Or-Test ETS Back on Ice.

As a result of the Supreme Court’s ruling, on January 13, 2022, the Mayor Melvin Carter of St. Paul issued Executive Order 2022-5, eliminating the requirement employers comply with OSHA standards 1910.501(e) and (g). The City of Minneapolis has not amended its Emergency Regulation to address the recent Supreme Court holding

Jackson Lewis P.C. © 2022National Law Review, Volume XII, Number 15
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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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