Perspectives

Employment

Looking Back-And Ahead

What 2025 Taught Employers About Compliance and What’s Coming in 2026

As 2025 comes to a close, employers across the country are catching their breath after one of the busiest years in recent memory for employment law changes. From federal court rulings that upended Department of Labor overtime thresholds to a surge of new state-level requirements around paid leave, AI use, and non-compete agreements, compliance has been a moving target.

At Wagner, Falconer & Judd, we’ve spent the year helping employers navigate these changes-and now it’s time to look ahead. As you prepare for 2026, here’s what stood out in 2025, what’s on the horizon, and what proactive steps HR leaders and business owners should be taking right now.

Federal Highlights: Tax Deductions, Overtime Thresholds & AI-Usage Oversight

“One Big Beautiful Bill” (OBBB)

Although still under regulatory development, the OBBB introduces important employer and payroll-related changes. For example:

  • New deductions for “qualified tips” and “qualified overtime” are available for employees from 2025-2028.
  • Reporting obligations: Employers must file information returns and furnish statements showing certain cash tips and total “qualified overtime” paid during the year.
  • For piece-rated workers (a historically tricky classification area), if they are non-exempt under the Fair Labor Standards Act (FLSA) and work over 40 hours in a workweek, the employer must track all hours and overtime-as the tax deduction framework still applies.

Action items for employers: 

  • In your payroll and HR systems, prepare to accommodate the new reporting lines (e.g, total qualified overtime, cash tips) and ensure your W-2s/1099s reflect required items.
  • Educate your payroll, HR, and finance teams about the upcoming tax-form requirements and timeline.
  • Audit your workforce in tipped and piece-rate classifications: Are you correctly tracking hours, tip income, overtime? Misclassification risk remains high.

Overtime Exemption Salary Thresholds

The DOL’s (and employer-compliance) focus continues to be on the salary thresholds for exempt (white-collar) employees. While earlier proposed increases were struck down, many employers are preparing as through increases are imminent. WFJ’s resources show that:

  • A threshold of $844/week ($43,888 annually) for the white-collar exemptions was noted for July 1, 2025, with a further jump to $1,128/week ($58,656 annually) on January 1, 2026
  • Even if federal increases are delayed or blocked, many states maintain higher salary thresholds or independent duties/threshold test.

Action items for employers:

  • Conduct a full classification audit: for every exempt employee, confirm duties test + current salary meets (or would soon meet) the most employee-friendly standard (state/local vs federal).
  • Develop budget scenarios: If the salary threshold rises, what’s the cost to raise salaries vs reclassify employees as non-exempt (and pay overtime)?
  • Ensure payroll systems and timekeeping are configured to track hours of any re-classified employees (non-exempt) to avoid overtime mispayment.

Artificial Intelligence (AI) in HR/Recruiting

As employers increasingly deploy automated systems in recruiting, screening, evaluations and HR decision-making, regulatory scrutiny is increasing. Some states have passed laws limiting discriminatory or opaque use of AI in hiring and personnel decisions.

Action items for employers:

  • Inventory your use of automated tools (screening, voice/face-analysis, algorithmic decision-making).
  • Review vendor contracts and documentation for bias safeguards, auditability, and candidate-opt-out/notice rights.
  • Train HR/recruiting staff on the risk of discriminatory impact via automated tools-even if the employer did not build the tool.

State-Law Explosion: 38+ States with New Requirements

More than 38 states enacted or amended employment laws in 2025, covering topics such as sick/leave laws, non-compete bans, minimum wage increases, earned wage access, background check reforms, remote worker coverage and more.

Key areas to watch:

  • Paid leave/sick & safe time: States like Minnesota, Colorado, Delaware have significant new programs or expansions. (Example: Minnesota’s Paid Family & Medical Leave program starts January 1, 2026).
  • Non-compete agreement restrictions: More states are narrowing enforceability of non-competes, especially for healthcare practitioners. One noted example: Colorado’s 2025 amendment eliminating damages for violation of non-competes for certain health providers.
  • Remote work/ multi-state compliance: Employers with remote workers must ensure compliance with the laws of the state where the employee physically works-not just where the employer is located.
  • Wage transparency and minimum wage/ thresholds: Many jurisdictions now require posting salary ranges, or higher minimum wages.
  • Rest & meal break laws / ESST (Earned Sick & Safe Time): Some states such as Minnesota have updated rules for rest/meal breaks, accrual/advance of sick time, etc.

Action items for employers with multi-state operations or remote workforce:

  • Map your workforce by work-location (physical state) and ensure you track which state laws apply to each remote employee (or hybrid worker).
  • For each jurisdiction: update your employee handbook/ to reflect 2025 law changes (paid-leave, rest breaks, wage transparency, non-compete enforceability, background checks).
  • Update workflows: onboarding, notice delivery, wage-range postings, leave-request handling, break/meal tracking
  • Evaluate whether your payroll/benefits teams are prepared for states with unique employer reporting, premium contributions, or private-plan alternatives (e.g., Minnesota’s Paid Leave).

Zeroing in on 2026: What HR Leaders Should Be Doing Now

To get ahead of the curve, here’s a checklist of priority items for employers to tackle now so you’re ready for 2026 and beyond:

Classification & salary-threshold audit

  • Identify all exempt employees: job descriptions, salary levels, duties.
  • Model cost scenarios: raise salary vs convert to non-exempt and pay overtime.
  • Plan for system changes (timekeeping, payroll) for any re-classified employees.

Payroll/Benefits systems readiness

  • Ensure your payroll system can capture/report: qualified tips, qualified overtime, new required fields on W-2s/1099s (if applicable under the OBBB).
  • Prepare for leave-premium contributions or private-plan alternatives in states such as Minnesota.
  • Check state-by-state premium caps and employer contribution limits.

Policy & handbook updates

  • Update handbooks to reflect: new paid leave eligibility/rights, rest/meal break changes, wage-range postings, AI usage disclosures, non-compete/internship or child labor changes.
  • Run internal communication campaigns to ensure employees and managers understand updated leave rights, classification status, meal/rest break rights, etc.

Remote workforce compliance mapping

  • For each remote/hybrid worker, document the state of work and apply that state’s laws (not just employer’s home state).
  • Revise onboarding policies to include state-specific disclosures, wage posting notices, leave program notifications, background check and “ban the box” rules, if applicable.

Automated systems & vendor review

  • Review all HR/recruiting tech (AI, algorithmic decision-making, screening tools) for bias and regulatory risk.
  • Ensure vendor contracts include audit rights, bias-mitigation documentation, candidate opt-out/notification procedures.

Training & Communication

  • Provides supervisor/manager training on the new laws (meal/rest breaks, remote worker classification, leave rights, wage transparency).
  • Communicate changes to employees (e.g., salary threshold changes, classification changes, new leave eligibility) to reduce confusion and potential litigation risk.
  • Launch a “compliance awareness” campaign in your organization so HR/legal is seen as proactive instead of reactive.

Risk Assessment & Litigation Exposure Check-Up

  • Ask: What are your biggest exposure areas? (Misclassification, remote-worker state law misapplication, non-compete enforcement risk, pay transparency violations, meal/rest break compliance, background-check issues.)
  • Engage your employment counsel to perform a “compliance health check” now (rather than reacting after a claim.)

Insight from the Labor & Employment Environment

Beyond the laws themselves, it’s helpful to consider the broader context in which these changes are happening:

  • Tight labor market & talent competition: With low unemployment and increasing demand for remote/hybrid flexibility, employers must balance compliance burdens with the need to attract and retain talent. Providing robust benefits (paid leave, flexibility) may help.
  • Remote/work from anywhere workforce expansion: Many employers now have employees physically located in multiple states, each with their own employment-law landscape. This makes centralized “one-size-fits-all” policies difficult-customization is increasingly the norm.
  • Greater scrutiny of classification and pay practices: Wage-hour claims, misclassification and meal/rest break litigation remain high-risk. Employers that proactively audit and adjust classifications are in a better position.
  • Focus on workplace fairness, equity and technology: With expanded protections (pregnancy, caregiver status, AI bias) and increased litigation activity around discriminatory use of technology, employer practices around data, monitoring, screening and decision-making tools are under more scrutiny.
  • Cost pressures and inflation: As wage demands rise (minimum-wage increases, living wage efforts) and benefits costs escalate, employers are under pressure to manage budgets-without compromising compliance. Proper modeling and budgeting for 2026 is critical.

Final Takeaways for 2025/2026

  • Don’t wait for a claim to drive change. Proactive review and adjustment of classification, remote-worker state law mapping, leave/benefits program readiness, and payroll system configuration are essential.
  • Focus on where your employees are physically working (not just where your HQ is) when determining applicable state laws.
  • Update your HR policies, handbooks, training and communication now to reflect 2025 changes and calendar into 2026 the next wave of law changes (especially salary-threshold and leave premium updates.)
  • Partner with employment law counsel-especially if you operate in multiple states, have remote employees, utilize AI/automated tools in HR, or rely on non-compete agreements.
  • Recognize that the compliance burden is rising-but so is the opportunity: Employers who master compliance and craft fair, flexible, transparent workplace practices will be better positioned for talent retention and reduced litigation risk.

 

Need help? Our employment and labor team at WFJ is here to help take proactive steps to manage your company’s compliance strategy. Reaching out before you need help can lower litigation risk and save you money in the long run.

 

Understanding Employee Eligibility for Minnesota’s Paid Family and Medical Leave (PFML) Program

Minnesota’s Paid Family and Medical Leave (PFML) program is rolling out in 2026, but employers should start preparing now. One of the first steps in ensuring compliance is understanding who is eligible for leave under the new law. Here’s a breakdown of the questions we are getting at the Compliance Center related to employee eligibility that every MN employer needs to know.

Who is eligible to receive MN Paid Leave?

Nearly every employee working in Minnesota-including full-time, part-time, temporary, and most season workers, is eligible for PFML benefits. This includes company owners and corporate officers, who are required to participate in the program.

However, there are a few exceptions PFML does not apply to:

  • Independent contractors
  • Self-employed individuals (unless they opt in)
  • Tribal Nations (unless they opt in)
  • Federal government employees
  • Railroad employees
  • Certain seasonal hospitality workers (see below)

Is there a minimum hours or length-of-employment requirement?

No. Unlike some leave laws, MN Paid Leave does not require employees to work a specific number of hours or months before becoming eligible. Instead, employees must meet both of the following conditions:

  • Earn at least 5.3% of the statewide average annual wage, which amounts to $3,700 in 2024, and

One of the following:

  • Worked at least 50% of their time in Minnesota during a calendar year, or
  • If no state accounts for at least 50% of their work time:
  • Performed some work in Minnesota
  • Lived in Minnesota for at least 50% of their time during a calendar year

When does job protection under PFML begin?

Job protection begins after 90 calendar days of employment. Once eligible, employees who take leave are entitled to return to their previous role-or an equivalent position-with the same pay, benefits, and working conditions.

Even if an employee’s position is filled or restructured during their leave, they must still be reinstated unless the employer can prove that the employee would not have remained employed regardless of the leave (such as during a legitimate layoff or business closure).

Are corporate officers or business owners eligible?

Yes. Even though they many not consider themselves “employees” in the traditional sense, company owners and officers must participate and are eligible for PFML benefits if they meet the earnings and residency/work location criteria.

Are first responders and government officials eligible?

Generally, yes. Municipalities and local government entities are required to participate in the PFML program. This means first responders, as well as elected or appointed city and state officials, are likely eligible-provided they meet the wage and work/residency requirements.

What about seasonal employees?

Most seasonal employees are covered, but there’s a specific exception for certian workers in the hospitality industry. These employees are excluded if they:

  • Work 150 days or less within any 52-week period, and
  • Work for an employer whose average receipts during any 6-month period fall below a certain threshold (typically defined for hospitality sector employers.)

Employers with seasonal workers in the hospitality industry should work with legal counsel to determines whether their business qualifies for this exclusion.

Bottom Line for Employers

Minnesota’s Paid Family and Medical Leave program is broad in scope and applies to most employees in the state. Employers should assess their workforce now, understand which team members are covered, and begin planning for compliance in 2026.

Have questions about your responsibilities under PFML? The employment attorneys at Wagner, Falconer & Judd are here to help you prepare your business for a smooth transition.

Minnesota Updates Worker’s Compensation Laws: What Construction Employers Need to Know

A new Minnesota law introduces significant changes to the state’s worker’s compensation system. Signed into law in May 2024, the bill enacts recommendations from the Worker’s Compensation Advisory Council and is set to impact employers and contractors across industries, especially construction companies and projects involving multiple subcontractors.

Key Updates You Should Know

Protected Claim Amount Increases from $1,000 to $3,000

One of the most notable changes is the increase in the protected claim amount-the portion of a claim shielded from subrogation or third-party recovery-to $3,000 (up from $1,000). This adjustment recognizes inflation and rising medical costs, ensuring injured workers retain a greater portion of their benefits.

Chanages Specific to the Construction Industry

The law also implements targeted updates affecting construction projects:

  • Clarifies Liability in Multi-Contractor Projects: When multiple contractors or subcontractors are on-site, liability for worker injuries must be clearly understood. The new law aims to streamline how responsibility is determined in these shared jobsite scenarios.
  • General Contractors Take Note: If you work with multiple subcontractors, this law reinforces the importance of maintaining up-to-date worker’s compensation certificates from all parties. It also reitereates the need for strong indeminity language and contractual risk transfer protections.
  • Special Employer Rule Adjustments: The statute refines how “special employers” (like staffing agencies or general contractors using temp labor) are treated under worker’s compensation, potentially shifting liability in some claims.

Other Key Provisions

  • Clarifies Timelines for Filing and Appeals: The law updates certain administrative timelines to improve efficiency and reduce disputes.
  • Improves Transparency in Dispute Resolution: Employers and insurers may see improved predictability in how the Department of Labor and Industry (DLI) and the Office of Administrative Hearings (OAH) process claims.

What This Means for Construction Businesses

If you’re a construction company owner, general contractor, or a business managing multiple subs, now is the time to:

  • Review your contracts to ensure proper worker’s compensation coverage and indeminifaction clauses are in place.
  • Confirm that you are tracking active coverage for all subcontractors.
  • Work with legal counsel to review whether your agreements adequately address risk transfer, especially in light of the protected claim amount increase.

Even if you’re not in construction, any Minnesota employer may see greater benefit amounts retained by workers and adjusted handling of disputed claims.

Need Help Reviewing Your Contracts or Coverage Strategy?

At WFJ, our team can help ensure you’re protected and compliant under Minnesota’s evolving worker’s compensation laws. Reach out to us to discuss how this law could impact your job sites and subcontractor relationships.

2025 Employment Law Shifts Every Employer Should Know: Part 1

The pace of employment law updates across the U.S. is accelerating-and for employers, the risk of falling out of compliance has never been higher. As of mid-2025, sweeping federal changes and hundreds of new or amended state laws are reshaping workplace obligations. From salary thresholds to paid leave expansions and non-compete bans, there’s a lot to track.

Here’s a look at several major updates employers should act on now:

The “One Big Beautiful Bill”: Tax Breaks for Hourly Workers

Starting retroactively in 2025, qualifying tipped and hourly workers can deduct certain earnings:

  • Tip deductions: Up to $25,000 annually in “qualified tips” (voluntary, non-negotiable, and paid by the customer).
  • Overtime deductions: Up to $12,500 in federally mandated overtime wages beyond a standard 40-hour week.

Why it matters: Employers could see tax refunds for 2025. Employers should communicate these changes and prepare for increased payroll-related questions.

The DOL’s New Salary Thresholds for Exempt Employees

If you classify employees as exempt from overtime, pay attention:

  • July 1, 2025: Minimum salary= $844/week or $43,888/year.
  • January 1, 2026: Minimum salary jumps to $1,128/week or $58,656/year

Why it matters: Misclassification can lead to lawsuits. Now is the time to audit exempt employees and adjust compensation or reclassify roles if needed.

AI and Discrimination Laws

States like California and New Jersey have passed laws banning discriminatory use of AI tools in hiring and HR decisions.

  • AI systems that analyze facial expressions or speech may violate anti-bias laws.
  • Employers are liable even if they didn’t create the AI tool.

Action tip: If you use automated hiring or decision-making systems, review them immediately for bias.

Paid Leave Expansion Across the U.S.

States like Minnesota, Colorado, Maine, and Delaware are rolling out generous paid leave programs:

  • Minnesota’s Paid Family and Medical Leave starts January 1, 2026, offering up to 20 weeks of combined leave.
  • Colorado will provide an extra 12 weeks for NICU-related parental leave.
  • Delaware’s leave benefits begin in 2026 with up to 80% wage replacement.

What to do: Budget for these changes and update your policies and payroll systems to stay compliant.

Non-Compete Agreements Under Attack

More states are banning or restricting non-competes, especially for healthcare workers:

Arkansas, Indiana, Maryland, Pennsylvania, Montana, Texas and others are banning non-competes for physicians and licensed medical professionals.

Colorado now prohibits certain non-competes for healthcare providers and even restricts what they can communicate to patients post-employment.

Recommendation: Review all non-compete templates and consult legal counsel before issuing new ones.

Stay tuned for Part 2

In Part 2, we’ll look deeper at state-specific sick leave mandates, wage transparency laws, new worker protections (like for whistleblowers and nursing parents), and how employers can stay ahead of these fast-paced developments.

 

New Federal Deductions on Tips and Overtime: What Employers Need to Know About the One Big Beautiful Bill

On July 4th, 2025, President Donald Trump signed the One Big Beautiful Bill-a sweeping federal tax package that includes two headline-grabbing provisions: a new deduction for qualified tips and another for qualified overtime pay.

While these deductions are marketed as middle-class tax relief, they bring significant payroll and compliance changes for employers. Here’s what your business needs to know now-and how to prepare for what’s next.

Tip Deduction: Up to $25,000 for Eligible Employees

Employees in jobs that customarily and regularly receive tips-think hospitality or food service-can now deduct up to $25,000 in qualified tips from their taxable income.

To qualify:

  • The tip must be voluntary, non-negotiable, and determined by the customer. 
  • It must be received in 2025 or later while the provision is in effect (2025–2028).
  • The deduction is reduced for high earners: $100 less for every $1,000 earned over $150,000 ($300,000 if filing jointly).

However, not all tip-based professions qualify. Employees in fields such as law, medicine, finance, performing arts, and consulting are excluded from this deduction. * (see the end of the post for a more comprehensive list of included fields.)

What this means for employers:

  • You must report both the amount of cash tips received and the employee’s qualifying occupation on their W-2.
  • FICA withholding and employer obligations for tips still apply.
  • The deduction applies retroactively, so 2025 tips are already in scope.

Overtime Deduction: Up to $12,500 Per Employee

Non-exempt employees under the FLSA who work more than 40 hours per week can now deduct up to $12,500 in qualified overtime pay from their taxable income ($25,000 on a joint return). As with tips, the deduction phases out at higher income levels.

“Qualified overtime” must exceed the employee’s regular rate and be mandated under federal law. It cannot be counted as a qualified tip.

Employer impact:

  • You must separately report total qualified overtime on W-2s and possibly Form 1099.
  • Updated IRS withholding tables will take affect starting 2026.
  • Like the tip deduction, this rule is retroactive for 2025 pay.

Key Takeaways for Employers

These new deductions may increase employee interest in reporting overtime and tips-but that accuracy comes with added responsibility for your business.

Here’s what you’ll need to watch:

  • Payroll reporting updates: new W-2 data fields will require software and process updates.
  • Recordkeeping requirements: Detailed tracking of qualifying wages, occupations, and hours worked is essential.
  • Expiration timeline: These provisions are set to end after 2028 unless extended, so employers should prepare for both implementation and sunsetting.
  • Behavioral shifts: More employees may seek tipped or overtime work, which could ease staffing gaps but also raise overtime costs.
  • State taxes: These are federal deductions only-your state tax obligations may not change.

What Comes Next from the Treasury

The law directs U.S. Treasury (via the IRS) to:

  • Publish a list of eligible tipped occupations within 90 days.
  • Issue regulations to prevent misclassification of wages as tips.
  • Provide new withholding guidance starting in 2026.
  • Allow employers to use reasonable estimation methods to comply during the 2025 transition period.

How WFJ Can Help

Industries like hospitality, healthcare, retail, construction, and service are likely to feel the biggest impact from these changes. But any business with tipped or non-exempt employees should take note.

The WFJ Compliance Center is monitoring IRS rulemaking closely and can help your business:

  • Interpret the new federal requirements
  • Adjust internal systems and payroll process
  • Maintain compliance and avoid reporting errors

If your team is affected by these new provisions, now is the time to act. Contact us today to get ahead of these changes and ensure your reporting compliance practices are ready for what’s next.

*Additional fields excluded from tip deductions

  • health
  • law
  • engineering
  • architecture
  • accounting
  • actuarial science
  • performing arts
  • consulting
  • athletics
  • financial services
  • any trade or business where the principal asset of such trade or business is the reputation or skill of 1 or more of its employees
  • investing
  • investing management
  • trading
  • dealing in securities partnership interests
  • commodities

 

From Reactive to Proactive: Why Outsourcing Legal Support is a Smart Compliance Strategy

For too many businesses, compliance becomes a priority only after something goes wrong. Maybe it’s an employee complaint, a Department of Labor audit, or a lawsuit that lands on your desk with no warning. These moments often trigger a reactive approach-scrambling to hire a lawyer, conduct internal investigations, or settle claims to avoid deeper trouble.

At WFJ, we help businesses shift from costly reaction to strategic prevention. And we believe the smartest way to do that is by outsourcing legal support.

 

Reactive Compliance: The Cost of Waiting Too Long

Reactive compliance means responding to legal issues only after they’ve surfaced-when the damage is already done.

Common Characteristics:

Focus: Putting out fires instead of preventing them.

Cost: Legal fees, fines, and reputational hits can add up quickly.

Risk: Waiting until a lawsuit, audit, or complaint arises increases your exposure to penalties and public scrutiny. 

Example: A business responds to a discrimination lawsuit by hiring legal counsel after the claim is filed-often leading to a costly settlement, public relations fallout, and internal morale issues.

Why it’s a problem:

  • Delayed response often limits your options
  • You have little control over how the issue unfolds
  • Trust with employees and the public may take years to rebuild

Proactive Compliance: A Legal Safety Net Built to Prevent

Proactive compliance focuses on identifying potential risks and putting policies in place to avoid them altogether. 

Common Characteristics:

  • Focus: Prevention through education, documentation, and clear processes
  • Cost: Requires an upfront investment-but far less than litigation
  • Risk: Significantly reduced, because you’re not waiting for problems to arise

Example: A company performs a pay equity annually with attorney review, fixing disparaties before a complaint is ever filed.

The benefits of proactive compliance include:

  • Fewer suprises and emergency legal costs
  • Stronger employee relationships and retention
  • A reputation for transparency and responsibility
  • Peace of mind for your leadership team

 Final Thought: Don’t Wait for Trouble to Knock

Businesses that prioritize prevention over reaction aren’t just protecting themselves legally-they’re building a stronger, more resilient workplace.

If your company is still operating reactively, now is the time to rethink your strategy. Partner with WFJ and let us simplify the complex-so you can focus on what you do best: running your business. 

 

Understanding Minnesota Paid Leave: The Private Plan Alternative

Minnesota’s new Paid Family and Medical Leave program is set to significantly impact employers starting January 1, 2026. While most Minnesota employers will participate in the state-run paid leave program, there is an alternative: offering an equivalent private plan. For employers considering this option, it’s critical to understand the requirements, benefits, and compliance obligations.

What is Minnesota Paid Leave?

Minnesota Paid leave is a state-mandated insurance program providing eligible employees with partial wage replacement for qualifying medical and family reasons. The program is funded by premiums paid by both employers and employees and covers nearly all private and public employers in the state.

Can Employers Opt Out?

Generally, no. Minnesota employers are required to participate-unless they offer an approve priate plan that meets, or exceeds the benefits of the state-run program.

Key Benefits of a Private Plan Alternative

  • No State Premium Payments: Employers with approved private plans do not have to submit premiums to the state but must continue submitting quarterly wage reports.
  • Direct Benefit Payments: Under a private plan, the employer (or insurance carrier) determines eligibility and pays benefits directly to employees, potentially speeding up the process compared to the state.
  • Flexibility: Employers can offer a fully or self-funded plan and may cover medical leave, family leave, or both.

Requirements for Equivalent Private Plans

Private plans must match or exceed the state’s coverage in all major areas, including:

  • Benefit Duration: At least 12 weeks of medical leave and/or family leave, depending on the type of plan.
  • Eligibility Standards: Cannot be more restrictive than the state program.
  • Employee Costs: Premiums charged to employees cannot exceed what they would pay under the state plan.
  • Job Protections: Must provide equal employment protections as those in the state program.
  • Coverage Continuation: Coverage must continue for 26 weeks after employee separation or until they start a new job.
  • Types of Leave: Private plans must cover the same qualifying reasons, including medical conditions, bonding with a child, care for a family member, military-related leave, and safety leave.

Additionally, the private plan must:

  • Allow intermittent leave or reduced schedules.
  • Not impose additional restrictions or conditions beyond those in the state plan.
  • Continue benefits for former employees on approved leave.

Approval Process and Next Steps

The state plans to open private plan applications in July 2025. Employers can prepare by:

  • Working with insurance providers to explore pre-approved plan options.
  • Gathering required application materials, including policy numbers, coverage documents, and payment of applicable fees.
  • For self-insured plans, securing a surety bond equal to the total annual premiums that would be due under the state program.

Employee Notice Requirements

Employers with approved private plans must provide written notice to employees within:

  • 30 days of the employee’s start date, or
  • 30 days before collecting premiums, whichever is later.

The notice must include:

  • Confirmation that the private plan offers all rights and protections under the state law.
  • Details of wage replacement and leave benefits.
  • Eligibility and premium contribution processes.
  • Appeal rights and claim procedures.

Recordkeeping Obligations

Employers must securely maintain records related to an employee’s private plan benefits and provide copies of relevant claim information within 10 business days of an employee’s request-at no cost to the employee.

Why Consider a Private Plan?

For some employers, a private plan could offer:

  • Potential cost savings.
  • Faster processing of leave requests and benefit payments.
  • More control over the leave administration process.

However, private plans come with strict compliance obligations. Employers must carefully weigh the benefits against the adminstrative responsibilities.

Stay Compliant. Stay Prepared.

Minnesota’s Paid Leave program is evolving, and the private plan offers an alternative path that could benefit your workforce and your bottom line. If you’re considering this option, now is the time to start planning.

WFJ is here to help you navigate the complexities of Minnesota Paid Leave and ensure your private plan meets all legal requirements. Contact us with your questions or to get started.