The article below is a top story from this week's ACTION newsletter—Care Providers of Minnesota's weekly newsletter for members. The newsletter focuses on current legislative issues, regulations, long-term care trends, and other Association news. Each Thursday evening, it is delivered to your inbox. To sign up for ACTION, contact Lisa Foss Olson (952-851-2483). To learn more about membership, visit our Become a Member page.
Nursing Home Workforce Standards Board lawsuit update
By Toby Pearson | February 14, 2025 | All members
Here is an update of the ongoing legal action of Care Providers of Minnesota, along with our partners in the Long-Term Care Imperative (LTCI) partners, against the Nursing Home Workforce Standards Board (NHWSB).
The judge scheduled our temporary restraining order hearing for
Thursday, February 20, 2025, at 10:00 AM. This hearing will take place at the
St. Paul Federal Courthouse (316 North Robert Street–Suite 100, St. Paul, MN 55101). Although this is a public hearing, and as such,
members are welcome to attend. There is no need to attend as it is a court hearing rather than a political event and “packing the courthouse” is not our current strategy. Care Providers of Minnesota, along with our LTC Imperative partners, will each have an official representative present sitting with our legal counsel. Any other attendees will be required to sit in the public seating area in the courtroom.
On Monday, January 27, 2025, our legal counsel filed a brief—officially a memorandum in support of a temporary restraining order—against the NHWSB’s holiday pay rule. This brief provides legal arguments and examples of relevant court cases to demonstrate the legal merits supporting our arguments that the holiday pay rule is causing harm to members in both fiscal and collective bargaining terms. Four member affidavits outlined these harms as part of the brief. The brief states that temporary relief from the rule is warranted until the case can be determined on the full merits.
This February 20, 2025, hearing date means that a court decision to temporarily halt the entire holiday pay rule will not occur until after Washington’s and Lincoln’s Birthdays (Presidents Day) on February 17th.
Therefore, you should be prepared to comply with the requirements pertaining to the holiday pay rule and notice posting requirements. For more information regarding the holiday pay rule and notice posting requirements,
see our resource page here.
Toby Pearson | President/CEO | tpearson@careproviders.org | 952-851-2480