On Tuesday, May 8, Judge Mel I. Dickstein, Judge of District Court, issued his summary judgement that the City of Minneapolis may not enforce its sick and safe time ordinance against any employer that resides outside its geographical boundaries. In the judgement, Judge Dickstein criticizes the City writing, “The Minneapolis Ordinance is so broad that in material respects it lacks a sufficient nexus with the harm it is intended to protect against – preventing employees who, for lack of adequate sick and safe time, feel compelled to go to work within the City of Minneapolis.”
Additionally Dickstein writes, “The Minneapolis Ordinance, however, is not narrowly drafted to protect against the harm as it is purportedly designed to address….Any potential benefit to the health and safety of Minneapolis residents from an employee who works the requisite 80 hours pales when weighed against the imposition of record keeping and administrative obligations incurred by companies located outside the City. There is, therefore, no apparent rational explanation for the 80 hour threshold and the City has offered none.”
Judge Dickstein upheld the previous court's ruling that the sick and safe ordinance is not preempted by state law.
In the 2017, legislative session a bill specifically preempting local units of government from imposing labor standards was passed by the Minnesota House and Senate; the bill was vetoed by Governor Dayton who continues to stand in opposition. MNRSA, along with numerous other business associations, continues to pursue a path to preemption.
It is not known if the City of Minneapolis plans to file an appeal.
MNRSA is a co-plaintiff in the lawsuit with the City of Minneapolis and has been actively working to oppose laws, regulations, and ordinances that negatively impact the staffing industry. Our efforts are funded, in part, by voluntary contributions made by its members.