Duluth Passes Paid Sick Leave Ordinance

The Duluth (MN) City Council last night passed an Earned Sick and Safe Time Ordinance, requiring employers to allow employees to accrue an hour of leave for every 50 hours worked. The ordinance is effective January, 2020. The Council’s action came nearly two years after it created a task force to study and make recommendations concerning a PSL law in Duluth.

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A legal cloud hangs over the scope of the Duluth ordinance due to a state district court decision earlier this month rejecting a Minneapolis effort to require employers not located within the city limits to provide paid sick leave to their employees who work within the city.  The rejected provision would have required an employer not located within the city limits to allow an employee who works in Minneapolis at least 80 hours per year to accrue PSL time while working within the geographic boundaries of the city for use when the employee is scheduled to work within the geographic boundaries of the city.  The city has appealed the court’s decision.

The Duluth proposal requires employers located outside the city limits to allow its employees who work within Duluth “for more than 50 percent of the employee’s working time in a 12-month period” to accrue PSL time. Whether Duluth’s ordinance will be applicable to employers outside of its city limits will likely depend on the outcome of the litigation concerning the Minneapolis PSL ordinance.

For those following the relationship between jurisdictions enacting a paid sick leave law and their “blue” status, Duluth follows the established pattern. In the 2016 presidential election, just short of 60% of voters cast their ballots for Secretary Hillary R. Clinton.