NHWSB 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 will be published. NHWSB will publish notice of the proposed rules, including a copy of the proposed rules and a citation to the specific statutory authority for the rule, in the State Register as required under Minn. Stat. § 14.389, subd. 2. Notice will also be given to persons who have signed up via U.S. mail or email to receive mailed notices. There will be a 30-day comment period after the notice is published in the State Register.

Availability of rule draft(s) and statement of need and reasonableness

View rules recommended by NHWSB regarding certification criteria for worker organizations and notice requirements, with changes suggested by the Office of Revisor of Statutes.

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 is not accepting 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 will file the rules for approval with the Office of Administrative Hearings 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.

A Notice of Intent to Adopt Proposed Expedited Permanent Rules Without A Public Hearing will be published in the Aug. 26, 2024, edition of the State Register (see link above).

Date the rule was filed with the Secretary of State and the effective date of the rule as adopted

The adopted rules will eventually be published in the State Register.

The rules will become effective Jan. 1, 2025.

Contact person

For procedural questions and to submit comments, 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

For questions about the content of the proposed rules, contact:
Leah Solo
Executive director, Nursing Home Workforce Standards Board
Minnesota Department of Labor and Industry
443 Lafayette Road N., St. Paul, MN  55155
Phone:  651-284-5076 
Email:  leah.solo@state.mn.us