August 12, 2022

Volume XII, Number 224

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August 12, 2022

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Updates to Minnesota’s Frontline Worker Pay Law

As expected, the Minnesota Department of Labor and Industry recently provided an update regarding the new Frontline Worker Pay Law by distributing a fact sheet and a set of answers to frequently asked questions (FAQs).

Specifically, the state anticipates that the application period during which eligible workers may apply for frontline worker pay will run from June 8, 2022, through July 22, 2022. All applications will move through the review process at the same time and the state will forward payments for processing together. In other words, the application process will not proceed on a “first-come, first-served” basis. In order to reach as many frontline workers as possible, the state has made the application available in several languages.

The application will use “knowledge-based authentication” to verify an applicant’s identity and will require the applicant to provide basic facts such as name, address, date of birth, Social Security number, employer name, employer address, dates of employment, and job title. Applicants may also be asked to verify their identification by scanning an image of an eligible identification document, such as a driver’s license, passport, or residence permit.

The state has provided limited additional details regarding the frontline sector categories outlined in the new law. The FAQs do provide that “some examples of industries not included in the definition of ‘frontline sectors’ include the professional, scientific, and technical services industry, the information services industry, the finance and insurance industry, the utilities industry, the construction industry[,] and the arts, entertainment and recreation industries.”

Additionally, applicants are required to certify that they meet the eligibility requirements of the law. This clarification will likely cause a sigh of relief for employers, given that a degree of uncertainty exists regarding who might be eligible under the new law. Specifically, the Minnesota Department of Labor’s response to FAQ 18 states that employers are “not required to provide documentation or other verification for an application to be processed.” Rather, “[t]he application will require the worker to certify that they meet all eligibility requirements and provide necessary information for verification.”

While the state has not yet finalized the form for employers to use to notify employees who are potentially eligible to receive payment under the Frontline Worker Pay Law, the FAQs do make clear that employers “must provide notice using the same means that the employer[s] use[] to provide other work-related notices to employees.” The notice must be “at least” as conspicuous as:

  • “posting a copy of the notice at each worksite where workers work and where the notice may be readily observed and reviewed by all workers working at the site”; or
  • “providing a paper or electronic copy of the notice to all workers.”

According to the state’s website, the notice form will be made available as the application dates are finalized.

© 2022, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XII, Number 155
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About this Author

Brent Kettelkamp, Labor and Employment Attorney, Ogletree Deakins Law Firm
Associate

Brent is an associate in the Minneapolis office of Ogletree Deakins. Brent’s practice is devoted to representing both large and small businesses in employment litigation and labor law matters. He has represented clients in all areas of employment law including, FMLA, ADA, employment discrimination claims, non-compete/non-solicitation, and other various employment-related disputes. Brent also has experience representing clients in commercial disputes including, breach of contract, construction-related claims, residential mortgage-backed securities, fraud/misrepresentation...

612-336-6850
Colin Hargreaves Employment Lawyer Ogletree Deakins Law Firm
Associate

Colin is an associate in the Minneapolis office of Ogletree Deakins. Colin graduated from the University of St. Thomas School of Law, where he earned Dean’s List honors several times and gained substantial hands-on litigation experience, including participating on one of the School’s Moot Court teams and arguing a motion before a Federal Bankruptcy Judge in one of the School’s Clinics. Colin received his undergraduate degree in Psychology from the University of Wisconsin—Stout.

612-336-6860
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