Minnesota Clarifies Anti-Retaliation Provision in Ban on Pay Secrecy Policies

10/05/23

Author: ADP Admin/Tuesday, October 3, 2023/Categories: Compliance Corner

Minnesota has enacted legislation that clarifies the anti-retaliation provision of a state law that generally prohibits employers from preventing employees from disclosing their own pay information. The changes took effect July 1, 2023.

The details

Before July 1, 2023

Effective July 1, 2023

Employers are prohibited from:

  • Forbidding, as a condition of employment, employees from disclosing their own pay information.
  • Requiring employees to waive their right to disclose their own pay information.
  • Taking adverse action against an employee for disclosing their own pay information.

Employers are also prohibited from retaliating against an employee for asserting their rights or remedies under the law.

Employers are prohibited from:

  • Forbidding, as a condition of employment, employees from disclosing their own pay information.
  • Requiring employees to waive their right to disclose their own pay information.
  • Taking adverse action against an employee for disclosing their own pay information.

Employers are also prohibited fromdischarging, disciplining, penalizing, interfering with, threatening, restraining, coercing, or otherwiseretaliatingor discriminatingagainst an employee for asserting their rights or remedies under the law.

Next steps

Consider:

  • Amending policies to add the specific examples of prohibited retaliation.
  • Training supervisors on the specific examples of prohibited retaliation.

Thank you,

ADP

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