Minnesota Legislature amends ESST statute

In the closing minutes of the 2024 legislative session, the Minnesota Legislature passed a 2,800-page bill that included several significant changes to the Minnesota’s Earned Sick and Safe Time (ESST) law. The law made several significant changes to the ESST statute that are effective immediately and a significant change to paid time off (PTO) policies that is effective January 1, 2025.

Earnings statements and records

Many employers invested considerable time, energy, and expense to report available and used ESST hours on employees’ paystubs. The law has been changed to make it “easier” to report this information.

Specifically, at the end of each pay period, you must provide in writing, or electronically, information stating the employee’s current amount of ESST available for use and the number of hours used during the pay period.

You may choose a “reasonable system” for providing this information, which includes reporting on earning statements (which was previously required) or by providing access to an electronic system with the information (along with the requirement that an employer-owned computer with a printer must be available). ESST records must be kept for three years and be available for inspection upon demand by the Minnesota Department of Labor and Industry (MN-DOLI).

This change is effective immediately.

Changes to ‘rate of pay’