BOP NEWSLETTER • February 2024

Minnesota: Effective Jan. 1, 2024, Pay History Ban

Employers in Minnesota may no longer ask a job applicant about their pay history beginning Jan. 1, 2024. This law is being implemented, overseen, and enforced by the Minnesota Department of Human Rights.

Federal: Final Rule On Determining Independent Contractor Status Issued by the Department of Labor

Issued on January 9, 2024, the new rule returns the Department of Labor (DOL) to the six-factor test, with no one factor presumed to carry more weight than another. These factors are:

1. The opportunity for profit or loss depending on managerial skill;
2. Investments by the worker and potential employer;
3. The degree of permanence of the work relationship;
4. The nature and degree of control over performance of the work and working relationship;
5. The extent to which the work performed is an integral part of the potential employer’s business; and
6. The skill and initiative of the worker.

To read the full details, click here.

According to the DOL, the 2024 rule is intended to “reduce the risk that employees are misclassified as independent contractors while providing a consistent approach for businesses that engage with individuals who are in business for themselves.”

This goes into effect March 11, 2024.