October 22, 2015

Nursing Mothers’ Rights

Posted in Breastfeeding & Nursing Mothers' Rights, Discrimination, Gender / Sex tagged , , , , , , at 10:21 am by Tom Jacobson

BabyThough it’s been done since the beginning of time, breastfeeding in public made waves this summer when our local paper asked for comments from its readers (see It’s Your Turn: Facebook readers share thoughts on breastfeeding, Echo Press Sept. 4, 2015; A mom’s dilemma, Echo Press Sept. 4, 2015). The waves have calmed, but they exposed misunderstanding about nursing mothers’ rights. Let’s clear the air, in particular with regard to the rights of mothers who need to express breast milk while at work.

First, nursing a child in public is perfectly legal in Minnesota. Breastfeeding is an exception to the state’s prohibition of indecent exposure.

Second, mothers who need to express breast milk while at work have the right to do so in most Minnesota workplaces. This has been the law in Minnesota since 1998, but these rights were expanded in 2014 as a part of the Women’s Economic Security Act. The following will address some of the most common questions about this law.

What basic benefit does the law require employers to provide? Employers must provide reasonable unpaid break time each day to an employee who needs to express breast milk for her infant child.

 

When must the break be provided? The break time must, if possible, run concurrently with any break time already provided to the employee.

 

What space must the employer provide for the break? The employer must make reasonable efforts to provide a room or other location, in close proximity to the work area, other than a bathroom or a toilet stall, that is shielded from view and free from intrusion from coworkers and the public and that includes access to an electrical outlet, where the employee can express her milk in privacy.

 

Are there any exceptions to the law? Yes. An employer is not required to provide break time under this law if doing so would unduly disrupt the employer’s operations.

 

Are all Minnesota employers covered by this law? Yes. The law defines “employer” to include “a person or entity that employs one or more employees and includes the state and its political subdivisions.”

 

What other protections does the law provide to employees? Employers must not retaliate against an employee for asserting rights or remedies the law.

 

What remedies are available to an employee if an employer breaks this law? Employees may bring a civil action to recover monetary damages, plus their court costs and reasonable attorney’s fees. They may also seek injunctive and other equitable relief to be determined by a court.

 

Is there a state agency that could get involved in disputes regarding this law? Yes. The Minnesota Department of Labor’s Division of Labor Standards and Apprenticeship has been given the authority to receive complaints of employees against employers relating to this law. The division’s role is to attempt to resolve employee complaints by informing employees and employers of the provisions of the law and directing employers to comply with it. The division is required contact the employer within two business days and investigate the complaint within ten days of receipt of the complaint.

For more information about the rights of nursing mothers or guidance on how to develop or enforce policies and procedures to address these rights, please contact me at taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2015 Swenson Lervick Syverson Trosvig Jacobson Schultz Cass, PA
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July 24, 2015

Safety Leave Offers Help to Abuse Victims

Posted in Safety Leave, Women's Economic Security Act tagged , , , , at 2:45 pm by Tom Jacobson

Safety leave

Safety leave is now available to many Minnesota employees who are victims of domestic abuse.

For victims of domestic abuse, sexual assault and stalking, seeking help is sometimes the most difficult first step toward safety and justice. Adding to the struggle is the reality that taking that step sometimes means committing time during the workday to seek help. Consequently, the fear of missing work has often been an obstacle to reporting those crimes, participating in the legal process, or otherwise seeking or providing help. However, for many Minnesota employees, there is a new tool to help them get over that hurdle: safety leave.

Safety leave was authorized under the Women’s Economic Security Act (WESA), which was signed into law by Gov. Mark Dayton in 2014. Under this new law, covered employers must allow most workers to use their personal sick leave for safety leave. “Safety leave” is defined as time away from work for the purpose of providing or receiving assistance because of sexual assault, domestic abuse or stalking. Safety leave may be used for assistance to the employee or the employee’s child, adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent.

Because of this new law, many employees now have a right to use sick leave benefits to take time off to seek or provide help to themselves and some family members when they are suffering from the devastating impacts of these crimes.

However, the law has limitations. For example, it does not require employers to provide sick leave. But, when they do, they must allow employees to use it for safety leave and for such reasonable times as may be necessary. Also, only employers with twenty-one or more employees at one or more sites are covered by this law.

Another limitation is that not all employees are eligible for safety leave. In order to be eligible, an employee must work for their employer for at least twelve months prior to the request for time off, and during that time, the employee must have worked at least half time.

The fear of missing work should not prevent domestic abuse, sexual assault and stalking victims from seeking help and justice. Safety leave is a new tool to make it easier for them to do so.

If you are an employee or employer who is wondering about your safety leave rights and responsibilities, please contact me at taj@alexandriamnlaw.com.

The comments posted in this article are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2015 Swenson Lervick Syverson Trosvig Jacobson Schultz Cass, PA

July 1, 2014

Key provisions of WESA take effect July 1

Posted in Care of Relatives Leave, Discrimination, Domestic violence, Employee Handbooks, Employee Privacy, Equal Pay, Gender / Sex, Leaves of Absence, Minnesota Human Rights Act, Minnesota Parenting Leave Act, Nursing Mothers, Parenting Leave, Pregnancy, Retaliation, Sick Leave, Sick or Injured Child Care Leave, Wage non-disclosure, Women's Economic Security Act tagged , , , , , at 12:56 pm by Tom Jacobson

2014_05_11_WESA_signingAlthough Gov. Mark Dayton signed it into law on May 11, 2014 the following key provisions of the Women’s Economic Security Act (WESA) go into effect today:

  • Expansion of Minnesota’s parenting and pregnancy leave laws: More employees are now eligible for this leave, and the amount of available leave has been increased from six to twelve weeks. Applies to Minnesota employers with 21 or more employees.
  • Expansion of permissible use of sick leave: Parents-in-law and grandchildren are now included in the list of persons for whom eligible employees may use their sick leave. Employees may also use sick leave for “safety leave,” which is leave for the purpose of providing or receiving assistance because of sexual assault, domestic abuse, or stalking. Applies to Minnesota employers with 21 or more employees.
  • Wage disclosure prohibitions; employee handbook notice requirement; remedies: Prohibits employers from, among other things, requiring employees to keep their wages confidential. Requires employers to include in their employee handbooks a notice regarding employees’ rights and remedies under the new law. Allows employers to prohibit wage disclosure to competitors and to otherwise protect trade secrets, proprietary and other privileged information. Applies to all Minnesota employers with one or more employees.
  • Clarifies rights of nursing mothers: Clarifies that when making reasonable efforts to provide a room or other location for expressing breast milk in privacy, that space must: be in close proximity to the work area; be somewhere other than a bathroom or a toilet stall; be shielded from view; be free from intrusion from coworkers and the public; and include access to an electrical outlet.  Applies to all Minnesota employers with one or more employees.

This is only a summary of portions of WESA that take effect today. Other provisions of WESA went into effect on May 12, 2014; more will take effect August 1, 2014. To learn how WESA may impact your workplace, please contact me at taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2014 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

May 12, 2014

Seminar to address Women’s Economic Security Act

Posted in Care of Relatives Leave, Discrimination, Domestic violence, Equal Pay, Family and Medical Leave Act, Family and Medical Leave Act (FMLA), Family Leave, Gender / Sex, Leaves of Absence, Leaves of Absence, Minnesota Parenting Leave Act, Nursing Mothers, Parenting Leave, Pregnancy, Reasonable Accommodation, Sick or Injured Child Care Leave tagged , , , at 8:40 am by Tom Jacobson

Gov. Mark Dayton yesterday signed into law the Women’s Economic Security Act. Among other things, the new law will expand leave rights for many Minnesota employees. The new law will be covered in detail at the Eleventh Annual West Central Minnesota Employment Law Update to be held on Thursday, June 12, 2014 at Alexandria Technical and Community College.

The event has been approved for 6.0 HRCI credits. For complete details on the seminar, go to 2014 Employment Law Update Agenda. To register, go to 2014 Employment Law Update Registration.

For more information about this article, please contact me at alexandriamnlaw.com or taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2014 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

April 24, 2014

Women’s Economic Security Act Passed by MN House

Posted in Care of Relatives Leave, Caregiver Leave, Discrimination, Domestic violence, Employee Handbooks, Equal Pay, Family and Medical Leave Act, Family and Medical Leave Act (FMLA), Gender / Sex, Leaves of Absence, Leaves of Absence, Minnesota Parenting Leave Act, Nursing Mothers, Pregnancy, Reasonable Accommodation, Workplace Violence tagged , , , , , , , , , at 11:32 am by Tom Jacobson

The Minnesota House of Representatives on April 9, 2014 passed the Women’s Economic Security Act (HF 2536) by a 106-24 vote. The companion Senate bill (SF 2050) awaits action in the Senate.

According to the Senate’s bill summary, the law will:

  • Allow mothers to stay in the workplace by expanding family leave and providing minor, reasonable accommodations for pregnant and nursing employees;
  • Decrease the gender pay gap through the participation of women in high-wage, high-demand nontraditional work;
  • Reduce the gender pay gap through increased enforcement of equal pay laws for state contractors and by allowing employees to discuss pay inequities;
  • Address economic consequences of domestic violence, stalking, and sexual assault;
  • Enhance retirement security by considering a state retirement savings plan for those without an employer-provided option
  • Expand grandparent care-giving options.

The law would also allow employers to reduce the period of leave it may require by the amount of any paid leave or leave required by the Family and Medical Leave Act (FMLA), so that the total time off does not exceed 12 weeks. The new law would clarify that only 12 weeks of leave are required even if the employee is eligible for both state and federal leave.

What you need to know: If enacted into law, this legislation will require most Minnesota employers to take a close look at their existing policies and procedures and to make any changes necessary to bring them into compliance.

For more information about this article, please contact me at alexandriamnlaw.com or  taj@alexandriamnlaw.com.

The comments posted in this blog are for general informational purposes only. They are not to be considered as legal advice, and they do not establish an attorney-client relationship. For legal advice regarding your specific situation, please consult your attorney.

Copyright 2014 Swenson Lervick Syverson Trosvig Jacobson Schultz, PA

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