Title
Amending Chapter 233 of the Legislative Code pertaining to Earned Sick and Safe Time.
Body
SECTION 1
WHEREAS, Minneapolis’ Sick and Safe Time Ordinance is similar to St. Paul’s Earned Sick and Safe Time ordinance; and
WHEREAS, Minneapolis applied its ordinance to all work done in Minneapolis, even if the employer is located outside of Minneapolis; and
WHEREAS, St. Paul interpreted its ordinance to apply to work done in St. Paul on behalf of employers located in St. Paul; and
WHEREAS, in 2017, Minneapolis was challenged on its application of its ordinance to employers located outside of Minneapolis on the grounds that the ordinance was “extraterritorial” and exceeded Minneapolis’ jurisdiction, and the case reached the Minnesota Supreme Court; and
WHEREAS, in 2020 the Minnesota Supreme Court held that the Minneapolis Sick and Safe Time Ordinance did not operate extraterritorially because it limited the accrual and use of sick and safe time to those hours worked and scheduled within the city, respectively; and
WHEREAS, the Court also noted that the purpose and effect of the Minneapolis ordinance ensured that the ordinance did not operate extraterritorially; and
WHEREAS, the Council wishes to apply St. Paul’s ordinance to all work performed within the City of Saint Paul on behalf of an employer, as was upheld by the Minnesota Supreme Court; and
WHEREAS, the primary purpose and intended effect of the Earned Sick and Safe Time Ordinance is to safeguard the public welfare, health, safety, and prosperity of the City of Saint Paul by regulating the activity within the geographic limits of the City; and
WHEREAS, in 2019 the Saint Paul City Council passed Saint Paul Administrative Code Section 11.03 thereby establishing the Labor Standards and Enforcement Education Division; and
WHEREAS, the purpose of creating the Labor Standards and Enforcement Division was to streamline the administrative, educational and enforcement efforts relate...
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