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May 30, 2014

Minnesota Employers Should Review and Revise Policies in Response to WESA Before July 1

As we discussed in an earlier legal update, the Women's Economic Security Act, which was signed into law on May 11, 2014, promises to have broad implications for Minnesota employers.

Since Governor Mark Dayton signed the Act into law, there have been questions regarding the effective date of certain provisions.  Although some sections of the Act specify an effective date, other sections are silent as to the effective date, including the following sections:

  • Article 3, Sections 1 and 2, which amend the Minnesota Parenting Leave statute (Minn. Stat. §§ 181.940 –181.941)
  • Article 3, Section 3, which amends the Sick or Injured Child Care Leave statute (Minn. Stat. § 181.9413)
  • Article 4, Section 3, which amends the Nursing Mothers breaks statute (Minn. Stat. § 181.939)
  • Article 4, Section 2, which provides employees with new rights and remedies regarding their ability to disclose their wages to others (Minn. Stat. § 181.172)

Pursuant to Minnesota statute, when an act does not specify an effective date, the act takes effect on August 1, except bills containing an item of appropriation take effect on July 1. Senate counsel and House research personnel have concluded that because the Women's Economic Security Act includes certain appropriations, the effective date for all sections of the Act that do not specify an effective date, including those that do not include any appropriation language, is July 1. Therefore, we recommend that Minnesota employers make necessary changes to their employment policies and practices relating to parenting leave, sick leave, nursing mother breaks and wage disclosure protection by July 1, 2014.

Our May 13, 2014, legal update has been updated to reflect a July 1 effective date for the sections of the Women's Economic Security Act discussed above. Also, Faegre Baker Daniels will lead a 45-minute webinar on Monday, June 9, starting at 2 p.m. to address the impact of the Act and other laws passed by the Minnesota legislature this year on Minnesota employers.

If you have questions about the potential implications of the Women's Security Act for Minnesota employers, please contact a member of Faegre Baker Daniels labor and employment practice.

For further information about this and other developments at the Minnesota legislature, please contact a member of Faegre Baker Daniels government relations practice.

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