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Minnesota DLI Adopts Expedited Nursing Home Workforce Standards Board (NHWSB) Rule

31 Jan

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Update Applicable to:Effective Date
All Covered EmployersImmediately

What happened?

On December 9, 2024, the Department of Labor and Industry (DLI) published the Nursing Home Workforce Standards Board’s “Expedited Permanent Rules Modifying Certification Criteria, Notice Posting Requirements, and Holiday Pay Rules for Nursing Home Workers,” adopted as proposed.

Overview:

Starting January 1, 2025, Minnesota’s new rules for nursing homes update certification criteria, holiday pay, and notice posting requirements to improve working conditions and ensure fair compensation for workers.

  • Employers must comply by paying time-and-one-half for holiday work, posting notices about workers’ rights, and meeting certification standards.

Additional Details:

New Nursing Home Rules:

  • Certification Criteria
    • Nursing home worker organizations must meet specific certification criteria to be recognized. These criteria ensure that workers are trained and informed about their rights.
  • Holiday Pay
    • Nursing home workers who work on any of the eleven designated holidays will receive a minimum of time-and-one-half their regular hourly wage for all hours worked during the holiday.
  • The holidays include:
    • New Year’s Day (January 1)
    • Martin Luther King Jr. Day (third Monday in January)
    • Washington’s and Lincoln’s Birthday (third Monday in February)
    • Memorial Day (last Monday in May)
    • Juneteenth (June 19)
    • Independence Day (July 4)
    • Labor Day (first Monday in September)
    • Indigenous Peoples’ Day (second Monday in October)
    • Veterans Day (November 11)
    • Thanksgiving Day (fourth Thursday in November)
    • Christmas Day (December 25)
  • A nursing home employer may substitute up to four of the holidays and alter the application of the 24-hour framework if agreed upon by a majority of affected nursing home workers or their exclusive representative.

Notice Requirements

  • Nursing homes must post notices about workers’ rights and the new rules in visible areas, including information under the Nursing Home Workforce Standards Board Act, with a notice template available on the DLI’s workplace notices and posters webpage and additional resources to help employers comply with the new standards.

Implementation and Enforcement

  • The Minnesota Department of Labor and Industry has enforcement and investigative authority.
  • Nursing home workers may bring a civil action in district court seeking redress for violations.

Source References

Resources

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