Minnesota Governor Tim Walz signed a bill into law last month providing bonus pay for eligible COVID-19 frontline workers. Although the State is administering the program, which opens June 8, 2022, the Frontline Worker Pay law requires that employers in a “frontline sector” provide notice to current employees who may be eligible for the payment by June 23, 2022. We have put together a few key takeaways for you to consider in evaluating potential notice obligations.

Frontline Sectors

Employers covered by the Frontline Worker Pay notice obligations are those in a “frontline sector,” which is defined to include:

• long-term care and home care;
• health care;
• emergency responders;
• public health, social service, and regulatory service;
• courts and corrections;
• child care;
• schools, including charter schools, state schools and higher education;
• food service, including production, processing, preparation, sale and delivery;
• retail, including sales, fulfillment, distribution and delivery;
• temporary shelters and hotels;
• building services, including maintenance, janitorial and security;
• public transit;
• ground and air transportation services;
• manufacturing; and
• vocational rehabilitation.

Gray Area Analysis

For some employers, whether they fall under one of these frontline sectors, and are therefore required to provide notice to employees, will be relatively straightforward. For others, not so much. The Minnesota Department of Labor and Industry (MNDLI) posted guidance providing examples...

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