- Provide each employee a written work schedule, including any on-call time, at least 21 days in advance;
- For new employees, provide a written work schedule on or before the beginning of employment covering the employees first 21 days;
- Notify each employee of any changes in his/her work schedule before the change takes effect and provide a revised written work schedule reflecting the changes within 24 hours of making the change;
- Post a written schedule of the shifts of all current employees at the worksite, whether or not they are scheduled for work or on-call that week, at least 21 days before the start of each work week and update the posting within 24 hours of any change;
- Start an employees work week on the same day of each week;
- Not require an employee to work hours not included in the employees written work schedule without the employees written consent; and
- Not require an employee to seek or find a replacement employee for any shifts or hours the employee is unable to work.
Predictability Pay: All Minnesota employers would be required to provide compensation to an employee for certain changes made to the employees work schedule less than 21 days in advance, as follows:
- If the change or cancellation is made less than 21 days but more than 24 hours in advance, the employer would pay the employee one hour of predictability pay in addition to the wages earned during the changed shift;
- If the change is made less than 24 hours in advance, but does not reduce the total hours of the shift, the employer would pay the employee one hour of predictability pay in addition to the wages earned during the changed shift; and
- If the change or cancellation is made less than 24 hours in advance and reduces the total hours of the shift, the employer would pay the employee predictability pay equal to the lesser of four hours or the number of hours originally scheduled, in addition to the wages earned during the changed shift.
- Require employers to offer additional hours of work available in existing positions to current qualified employees before hiring new employees or contractors.
- Require employers to provide written statements with detailed information about the terms and conditions of employment to employees annually and at the time of hire.
- Increase potential penalties for violations of Minnesota wage and hour laws and potential criminal liability for some violations of the Minnesota Fair Labor Standards Act.
- Increase the statute of limitations to six years for any claims for the recovery of unpaid wages or overtime.
Julie Giddings focuses her practice on the areas of employment and higher education law. She regularly advises employers on a diverse range of employment law issues, including discrimination, retaliation and harassment issues ...
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