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MSBA Hot Topics�MASA Fall Conference 2024

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Welcome

Tiffany GustinDirector of Management and Insurance Trust Services

tgustin@mnmsba.org

507-934-8131

Katie Klanderud

Director of Board Development

kklanderud@mnmsba.org

507-934-8143

This presentation and corresponding materials are for information and educational use only.  This presentation provides general statements from federal law, Minnesota law, and agency guidance.  The presentation does not include all legal considerations that may arise in a particular situation and the law is constantly evolving.  Schools should consult with their attorney for specific legal advice, information, or individualized inquiries. If you have any questions about this presentation or the corresponding materials, please contact MSBA.

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Agenda

    • Hot Topics
    • Resources
    • Upcoming Events

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Hot Topics

Pay History Inquiries

Applicable statute:

MS 363A.08

Resource:

MN Dept of Human Rights FAQ

Do / Can

Don’t / Can’t

Employer

Applicant

Employer

Applicant

Provide information on the wages, benefits, compensation, or salary of the position

Inquire about or otherwise engage in discussions with an applicant about the applicant’s expectations or requests with respect to wages, salary, benefits, or other compensation.

Inquire into the pay history if the job applicant's pay history is a matter of public record under federal or state law, unless the [employer seeks] access to those public records with the intent of obtaining pay history of the applicant for the purpose of determining wages, salary, earnings, benefits, or other compensation for that applicant.

Can voluntarily and without asking, encouraging, or prompting, disclose pay history for the purposes of negotiating wages, salary, benefits, or other compensation

Inquire into, consider, or require disclosure from any source the pay history of an applicant for employment for the purpose of determining wages, salary, earnings, benefits, or other compensation

N/A

2023 Legislation Effective Now

…..but why else would you ask?

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Hot Topics

Salaries in Job Postings

Must

Employers with more than 30 employees

(a) An employer must disclose in each posting for each job opening with the employer the starting salary range, and a general description of all of the benefits and other compensation, including but not limited to any health or retirement benefits, to be offered to a hired job applicant.

(b) An employer that does not plan to offer a salary range for a position must list a fixed pay rate. A salary range may not be open ended.

Definitions:

"Posting" means any solicitation intended to recruit job applicants for a specific available position, including recruitment done directly by an employer or indirectly through a third party, and includes any postings made electronically or via printed hard copy, that includes qualifications for desired applicants.

“Salary range" means the minimum and maximum annual salary or hourly range of compensation, based on the employer's good faith estimate, for a job opportunity of the employer at the time of the posting of an advertisement for such opportunity.

2024 Legislation

Effective January 1. 2025

Applicable statute:

MS 181.173

2024 Session Law: Chapter 110

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Hot Topics

Open Meeting Law

Can a board meeting be closed to:

Yes / No

Statute

….. conduct a performance evaluation on the Superintendent?

….. negotiate a new contract with the Superintendent?

….. discuss labor negotiations strategy with union maintenance staff?

….. discuss labor negotiations strategy with non-union maintenance staff?

….. discuss labor negotiations strategy with at-will employees?

….. have preliminary discussion about a consolidation?

YES

NO

N/A

MS 13D.05, Subd. 3(a)

YES

MS 13D.03

NO

N/A

NO

N/A

NO

N/A

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Hot Topics

Open Meeting Law

Resource:

MSBA Closing Meeting Chart

Resource Library

_____

Meeting Management

_____

General Information

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Hot Topics

Paid Leave

    • Coming January 1, 2026

      • Medical Leave when your own serious health condition prevents you from working.

      • Family Leave to care for a family member with a serious health condition, or if you're bonding with a new baby or child in your family.

      • …support a family member called to active duty, or if you or a family member are facing a significant personal safety issue.

12 weeks

12 weeks

Combined maximum of 20 weeks

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Hot Topics

Paid Leave

    • Wages will be reported through the same online system Unemployment Insurance ---- new to schools

https://mn.gov/deed/paidleave/

Deadline: October 31, 2024

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Hot Topics

Paid Leave

https://mn.gov/uimn/

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Hot Topics

Paid Leave

Register:

Link available in September edition of The Leader

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Hot Topics

READ Act MOU

    • MOU required to distribute funds received for Teacher Compensation for READ Act Training

    • Draft model MOU developed by MSBA and Education Minnesota

    • MDE plans to distribute the funds in October

    • Funds may be maintained in a reserve account until spent

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Hot Topics

ESST – Earned Sick and Safe Time

    • All time provided for illness and injury leave must follow ESST definition as of January 1, 2025�
    • May require changes to your master agreements and employee handbooks

      • Option of developing an MOU or following the law until the next round of negotiations.

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Hot Topics

Weather Closures

    • To pay or not to pay?
      • E-Learning day
      • Rescheduled instructional day
      • Traditional snow day
      • Late start and early out

New Resource:

Compensating Hourly Employees During School Closures

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Hot Topics

Fair Labor Standards Act

Non-Exempt

Eligible for Overtime

Exempt

NOT Eligible for Overtime

Classifications

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Hot Topics

Fair Labor Standards Act

#1

Salary Basis Test

-------------------

How is the employee paid?

#2

Job Duties Test

-------------------

What does the employee do?

#3

Salary Threshold

-------------------

How much does the employee make?

Criteria to Determine Eligibility for Overtime

Teachers are exempt if their primary duty is teaching, tutoring, instructing or lecturing in the activity of imparting knowledge, and if they are employed and engaged in this activity as a teacher in an educational establishment.

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Hot Topics

Fair Labor Standards Act

#3

Salary Threshold

-------------------

How much does the employee make?

Criteria to Determine Eligibility for Overtime

Before

July 1, 2024

Effective

July 1, 2024

Effective

January 1, 2025

$684 / week $35,568 / yr

$844 / week $43,888 / yr

$1,128 / week

$58,656 / yr

Highly Compensated Employee Exclusion

$107,432 / yr

$132,964 / yr

$151,164 / yr

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Hot Topics

Fair Labor Standards Act

Reminders

    • When do you pay overtime?
      • When an employee works over 40 hours in one week?
      • When an employee works over 8 hours a day?
      • What does your labor agreement say?
    • Webinar Recording
      • New FLSA Overtime Rules: What Schools Need to Know to Ensure Employees are Classified Correctly by July 1, 2024
      • Recorded May 30, 2024
      • Visit https://youtu.be/Cz4GyC2FKh0

Required

but

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Hot Topics

Delegate Assembly

    • Bylaws change
      • The MSBA Board of Directors has proposed amendments to the bylaws concerning the election process for delegates.
    • Resolutions
      • Compensatory Revenue
      • LTFM (8)
      • “Milk money”
      • Q-Comp
      • Between-term unemployment
        • Eliminate it
        • Fund it

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Hot Topics

Delegate Assembly

    • Resolutions
      • Funding for….
        • Mental health
        • Mascot changes
        • Increasing declining enrollment revenue
      • Sales tax exemption for construction materials
      • Allow levy for property casualty insurance
      • Carve out school districts from ESST
      • Process to change the number of school board members
      • Publishing notices on school district website
      • Absenteeism

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Hot Topics

2024-2025 School Year Survey

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School Board Handbook Template

The handbook is designed as a place for your board to house essential information, guidelines, and best practices to support your role as a board member.

Resource

NEW

https://search.mnmsba.org/api/download/file-1723645910511-download-MSBA%20Board%20Handbook%20Template_Final.docx

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2024 MSBA Voter Guide

MSBA hopes the voter guide is another useful tool voters and school boards can use to be informed and supported as we enter the 2024 election.

Our vision of “Strong School Boards, Stronger Minnesota” begins with our school boards’ advocacy efforts.

Resource

https://mnmsba.org/wp-content/uploads/2024/07/MSBAVoterGuide2024.pdf

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Upcoming Events

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3rd Thursday Webinars

1:00 p.m. to 2:00 p.m.

Format: Virtual

Date

Topic

September 19

The Political Landscape: 2024

Presented by Peter Leatherman, The Morris Leatherman Company

October 17

Administrative Assistants

November 21

Mentoring New School Board Members

December 19

January’s Organizational Meeting

Recordings of past webinars are available

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    • Representing Your Community Through Policy and Engagement
      • Virtual
      • October 11 and 25: 1:00-4:00 p.m.

    • Coming Soon!
      • Virtual --- December
      • In Person --- January before Leadership Conference

https://mnmsba.org/workshops-events/msba-school-board-workshop-series/

Phase Training

Phase

IV

Phase

I & II

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Leadership Conference 2025

  • Awards to Recognize Board Members
    • 2025 All State School Board October 14
    • 2025 Rising Star Award October 14

  • School Excellence Showcase
    • School districts may use the

showcase to display exemplary K-12,

adult, or early childhood programs.

The program presented can be

unusual or traditional. It should be a

program that reflects an inventive activity or program in which staff and students from your district are actively involved. The possibilities are as vast as your school districts’ new innovative learning methods. November 18

https://mnmsba.org/workshops-events/msba-leadership-conference/

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      • Economics and Its Impact on Students Academically
          • Recording Available

    • Meeting the Academic Needs of Your Homeless Students
        • October 16, 11:00 a.m. - Noon

https://www.cossba.org/webinar-series

Webinars

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https://www.cossba.org/cossba-national-conference

Conference at a Glance

Focusing on creating a unified front and ensuring access for all, we aim to develop and implement policies and practices that eliminate barriers in public education, thereby creating opportunities for every student. Fostering inclusive leadership will drive these initiatives, empowering educators and stakeholders to champion excellence in every classroom. The upcoming COSSBA conference will be a key platform for discussing and advancing these goals.

National Conference

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Coffee and Conversation

8:00 a.m. to 9:00 a.m.  1st and 3rd Tuesdays (September to May)

Format: Virtual

Listening to and talking with your school board colleagues — and sharing what’s working and what’s not — is the purpose of our series of “Coffee & Conversation” virtual meetings.

The agenda will develop based on your needs — if you have a question or topic you want to discuss, MSBA staff will respond and invite others to add to the conversation.

October 15

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Board Chair Chat

8:00 a.m. to 9:00 a.m.  1st Wednesday (September to May)

Format: Virtual

The Board Chair Chat conversations centering around the board chair’s roles and responsibilities. While focusing on the board chair, these conversations will be open to superintendents and all school board members — those who may want to assume the board chair role in the future and those who simply want to learn how they can further support their current board chair.

October 2

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Questions

Tiffany GustinDirector of Management and Insurance Trust Services

tgustin@mnmsba.org

507-934-8131

Katie Klanderud

Director of Board Development

kklanderud@mnmsba.org

507-934-8143

This presentation and corresponding materials are for information and educational use only.  This presentation provides general statements from federal law, Minnesota law, and agency guidance.  The presentation does not include all legal considerations that may arise in a particular situation and the law is constantly evolving.  Schools should consult with their attorney for specific legal advice, information, or individualized inquiries. If you have any questions about this presentation or the corresponding materials, please contact MSBA.