Minneapolis’ Paid Sick Leave at State Supreme Court; Duluth’s at City Council

Let’s revisit the Minnesota Melee. In September, the state Court of Appeals declined to enjoin the Minneapolis Sick and Safe Time Ordinance as it applied to businesses within the City’s geographic boundaries but enjoined it with regard to businesses outside the City limits.  I noted then that the decision would be of keen interest in Duluth since a Safe and Sick Time Task Force was working diligently toward making a PSL recommendation to the Duluth City Council.

The plaintiffs in the PSL litigation, a cadre of business interests, have asked the Supreme Court of Minnesota to review the Court of Appeals decision. The City of Minneapolis last week opposed the request, but added that if the Court agrees to hear the plaintiffs’ appeal, it should also hear the City’s appeal of the decision enjoining the Minneapolis law with regard to businesses outside of the City limits. The plaintiffs’ petition for review is here; the City’s response to the petition and conditional request for cross-review is here.

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In Duluth, the Task Force will present its report to the City Council on Monday, November 20. The Task Force has two recommendations. The majority recommendation has the typical PSL-ordinance architecture. Accrual would be at the rate of one hour for every 30 hours worked. The Task Force did not have a consensus on an annual cap or rollover provisions. The second recommendation, a more basic approach, would require employers to have a written policy publicly available providing at least three days of PSL annually for full time employees, a pro-rated amount for part time employees.

Thus, the current state of PSL in the North Star State is that the Minnesota Supreme Court will decide the fate of the Minneapolis PSL ordinance, which will decide the fate of the analogous St. Paul ordinance, and which will define the parameters for the Duluth City Council in any PSL ordinance it may consider.

 

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