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DirectionsNHWSB rulemaking: Expedited rules -- holiday pay
Expedited rules to establish minimum nursing home employment standards for pay during holidays; certification criteria for worker organizations; and notice requirements
Pursuant to Minnesota Statutes § 181.213, subdivision 1, the Minnesota Nursing Home Workforce Standards Board (NHWSB) is required to "adopt rules establishing minimum nursing home employment standards that are reasonably necessary and appropriate to protect the health and welfare of nursing home workers, to ensure that nursing home workers are properly trained about and fully informed of their rights under §§ 181.211 to 181.217, and to otherwise satisfy the purposes of §§ 181.211 to 181.217."
Three sets of rules are specifically required: initial standards for wages (Minn. Stat. § 181.213, subd. 1 (b)); certification criteria for worker organizations (Minn. Stat. § 181.214); and notice requirements (Minn. Stat. § 181.214, subd. 2). The standards established by NHWSB must include standards on compensation (Minn. Stat. § 181.213, subd. 1 (a)), and NHWSB shall periodically "adopt new rules, amend or repeal existing rules, or make recommendations to adopt new rules or amend or repeal existing rules for minimum nursing home employment standards ... as appropriate to meet the purposes of §§ 181.211 to 181.217," according to Minn. Stat. § 181.213, subd. 3.
The statutes direct NHWSB to adopt these rules under the expedited rulemaking process in Minn. Stat. § 14.389. This webpage only addresses certification criteria for worker organizations, minimum pay for work during holidays and notice requirements. The docket for initial standards for wages can be accessed from the main NHWSB rulemaking webpage.
Published notices and comment periods
A Notice of Intent to Adopt Proposed Expedited Permanent Rules Without a Public Hearing was published in the Aug. 26, 2024, edition of the State Register.
Under the expedited rule process in Minn. Stat. § 14.389, no request for comments was published. Notice was also given to persons who signed up via U.S. mail or email to receive mailed notices. There was a 30-day comment period after the notice was published in the State Register.
A Notice of Adoption of Expedited Permanent Rules Modifying Certification Criteria, Notice Posting Requirements and Holiday Pay Rules for Nursing Home Workers was published in the Dec. 9, 2024, edition of the State Register.
Availability of rule draft(s) and statement of need and reasonableness
Rules adopted by NHWSB regarding certification criteria for worker organizations and notice requirements, with changes suggested by the Office of the Revisor of Statutes are available online.
The expedited rule process in Minn. Stat. § 14.389 does not require a statement of need and reasonableness.
Requests for hearing; date and place of hearing
NHWSB did not accept requests for hearing because the law authorizing rules to be adopted under the expedited rulemaking process does not make specific reference to Minn. Stat. § 14.389, subd. 5.
Timetable and status of the rule proceeding; agency determinations
NHWSB must adopt rules establishing the certification criteria for worker organizations and notice requirements no later than Jan. 1, 2025. NHWSB filed the rules for approval with the Office of Administrative Hearings Oct. 25, 2024, according to Minn. Stat. § 14.389.
NHWSB determined standards for certification criteria for worker organizations through a vote Feb. 8, 2024.
NHWSB determined standards for notice requirements through a vote April 11, 2024.
NHWSB determined standards for holiday pay through a vote May 9, 2024.
Date the rule was filed with the Secretary of State and the effective date of the rule as adopted
The adopted rules were filed with the Secretary of State Nov. 14, 2024.
The adopted rules were published in the State Register Dec. 9, 2024.
The rules will become effective Jan. 1, 2025.
Contact persons
For procedural questions, contact:
Ali Afsharjavan
General counsel
Minnesota Department of Labor and Industry
443 Lafayette Road N., St. Paul, MN 55155
Phone: 651-284-5270
Email: ali.afsharjavan@state.mn.us
Paul Enger
Associate general counsel
Minnesota Department of Labor and Industry
443 Lafayette Road N., St. Paul, MN 55155
Phone: 651-284-5016
Email: paul.enger@state.mn.us
Request to receive notices of rule proceedings
The Department of Labor and Industry maintains a list of people who have registered to receive notices of agency rule proceedings.