You Need to Know

COMPLIANCE

MN Earned Sick & Safe Time…  Went into effect on Jan 1. The MN DOLI recently released their sample employee notice and poster. Notice of rights must be presented to employees and posted in a location where employees can easily see them in the employee’s primary language by January 1, 2024, or at the start of employment if it is after January 1, 2024. It is recommended to have employees sign off that they received this notice. Print poster here. (MN DLI)

MN Minimum wage… On Jan. 1, 2024, the minimum wage in Minnesota increase by 2.5% to adjust for inflation. Large employers are required to increase the minimum wage from $10.59 to $10.85/hr. Meanwhile, wages for young people and training, the summer work travel exchange visitor program, and small businesses will increase from $8.63 to $8.85/hr. If you have any employees paid below the new minimum rate, you will need to provide a wage increase and the required Employee notice update found here. Note, any time you provide an employee with a wage increase a new notice must be provided. Learn more. (MN DLI)

Due Jan 1! Gender Identity Protection… Minnesota has modernized its definition of gender identity as a protected class in employment, and while it was previously included within the definition of sexual orientation (dating back to 1993); it’s now recognized as its own category. If your equal employment opportunity or other anti-discrimination policies don’t yet include gender identity specifically, add it by January 1. (Maguire Agency/SHRM)

Salary History Inquiry Ban… Employers (and employment agencies) aren’t allowed to ask about or consider an applicant’s pay history, from any source. If an applicant volunteers this information without prompting, an employer can confirm and use it to support a higher wage or salary than it originally offered or intended to offer. Ensure that pay history questions are removed from applications and that those involved in the hiring process know not to ask, encourage, or prompt applicants to share this information. (Maguire Agency/SHRM)

Restricting employer communication... Lawmakers passed a new law that prohibits employers from meeting or communicating with their employees on public policy. The "captive audience” law stipulates that communications must be "wholly voluntary” and not be political or religious in nature. There is a federal preemption of these laws, and they have been litigated in other states. Minnesota’s law is effective on August 1, 2023. (MN Chamber of Commerce)

Marijuana is now legal for adult recreational use... This law took effect August 1, 2023. This does not mean that employees can be under the influence while on the work site. Drug and alcohol testing can no longer include cannabis testing unless implicitly stated. It is unlawful to discriminate against workers or job candidates for the use of cannabis outside of working hours.

July 1, 2024 - Paid Family Medical Leave is coming... This new law requires employers to provide 12 weeks paid medical leave and 12 weeks of paid family leave (a maximum of 20 weeks total in a 52-week period). This law will work similarly to unemployment insurance. There will be new reporting requirements of employers as well as a new employment tax. Reporting is expected to start July 1, 2024. The taxation and benefits is expected to start January 1, 2026. Stay tuned as implementation of this historic program is rolled out.

New Commercial Prevailing Wage Rates... were certified last month. If you have registered apprentices, make certain you provide wage increases if necessary. There is a new law preventing employers from asking prospective employees about wage history effective January 1, 2024. Contact Michelle in our office with questions. mdreier@electricalassociation.com

CONSTRUCTION

Construction Coverage… For the year ending November 2023, construction spending totaled $2.05 trillion, 7.3% of GDP, and is up 11.3% Y-o-Y. Total private construction was $1.59 trillion, up 10% largely due to private manufacturing, which totaled $209 billion, up from $131 billion Y-o-Y, a rise of a staggering 59%. Private residential construction totaled $897 billion, up 3.7% Y-o-Y from $865 billion. Public construction was $455 billion and rose a significant 16.2% Y-o-Y. (Elliot Eisenberg, the Bowtie Economist)

ENERGY

EV Charging to be included in MN State Building Code… The Construction Codes Advisory Council (CCAC) met in November to review a Technical Advisory Group (TAG) report recommending requirements for window cleaning safety, adult changing stations and electric vehicle (EV) charging infrastructure to be included in the Minnesota State Building Code. The CCAC recommended that requirements for EV charging infrastructure be included when the Minnesota Commercial Energy Code is updated to adopt ANSI/ASHRAE/IES Standard 90.1-2022. The TAG report and CCAC recommendations are available at here.  (CCLD. Winter 2023)

Xcel Energy revises Time of Day Meter Program… The revision clarifies a long-standing practice that Xcel Energy will not allow additional sources of electricity to a detached garage or structure when an EV service is constructed on the building. At the time of installation of the new EV service, customers who wish to take part in the program will need to have the electrical contractor remove any additional branch circuits of feeders to the detached garage or structure before service will be provided. The installation would be compliant with NEC section 230.2(D). DLI is aware that other utilities may allow additional branch circuits or feeders, along the EV service, to be connected at the same structure that complies with the NEC. (CCLD. Winter 2023)