A federal District Court judge decided Thursday, March 6th, NOT to impose a temporary restraining order (TRO) blocking implementation of Minnesota's new, complex and risky 14-point set of independent contractor tests.

The ruling is a set-back for the construction industry which filed a federal lawsuit to block Minnesota's new Worker Misclassification law requiring building contractors to abide by a new and more stringent set of independent contractor tests.

The judge's ruling means the 14 new independent contractor tests (effective Saturday, March 1st), remain in effect.

State officials have urged CMBA members to contact DLI Labor Standards Division (see contact information below), and/or consult with an attorney knowledgeable in labor standards, to answer questions about how best to comply with the new rules.  (CMBA offers this information to help its members comply, and is not responsible for members' compliance or any determinations of non-compliance.)

The lawsuit (complaint) was filed in U.S. District Court for the District of Minnesota by the Minnesota Chapter of Associated Builders and Contractors (ABC), the Builders Association of Minnesota (BAM), and commercial construction company J&M Consulting.  Housing First Minnesota has assisted with the lawsuit.

CMBA submitted a list of member questions and concerns to DLI staff in February, and you can see DLI's responses in our separate article posted under CMBA News/Government Affairs.

For more information:  Steve Gottwalt, CMBA Government Affairs, 952-923-5265, steve@cmbaonline.org

Members are urged to contact the DLI Labor Standards Division: dli.laborstandards@state.mn.us, 651-284-5075, (https://www.dli.mn.gov/misclassification-construction), or email Michelle.Fournier@state.mn.us.

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