Task Force on Eliminating Subminimum Wages meeting summary: Dec. 13, 2022
Main meeting topic
The task force members reviewed eight recommendations and voted to approve all of them for their report to the legislature. All 16 task force members voted to approve seven of the recommendations. Recommendation 1 was approved with two task force members voting no.
Four of the recommendations reviewed and voted on at the December meeting were recommendations that the task force had set aside at its November meeting for further work by groups of task force members.
Three others were new recommendations suggested by the administrative review committee of the task force, based on gaps they identified and input from outside transition experts with knowledge and experience in shifting away from subminimum wages.
The other recommendation was one that the task force approved at the November meeting but was then revised significantly by the task force members charged with revising language for another recommendation that had been set aside at that meeting.
A fifth recommendation held over from the November meeting was dropped based on input from task force members charged with reconsidering its language.
At the December meeting, the task force also voted to recommend the legislature allow it to continue beyond its scheduled March 31, 2024, expiration date, if the Minnesota legislature takes action to phase out subminimum wages. Task force members suggested they be allowed to continue to work until subminimum wages have ended in the state.
Task force members also reviewed the draft format for their report to the legislature and shared reactions to the approach. Members requested a summary document on the recommendations that they could circulate to policymakers, agency officials and others who are planning to take action on subminimum wages in early 2023, in advance of the full report.
Key agenda items
1. Voting on recommendations.
2. Voting to recommend continuation of the task force.
3. Review of the draft format and approach for the full task force report to the legislature.
4. Task force updates.
Task force voting on eight more recommendations for its report to the legislature
For the full text of the eight recommendations that the task force reviewed and voted on at its December meeting, refer to slides 17-34 from the meeting presentation on the task force webpage. Task force members made changes to the wording of several recommendations at the December meeting before approving them. Following its past practice for voting on recommendations, the task force required that 75% of members (12 of 16) vote to approve any recommendation for it to be included in the report, in order to ensure broad support for all recommendations to the legislature.
As noted at the meeting, the final draft wording for other recommendations—reviewed and approved at the November meeting—were edited for clarity and consistency through the administrative review committee without changes to their meaning. Task force members received updated versions of all the recommendations one week before the Dec.13 meeting.
Recommendations approved by the task force for its report to the legislature and discussion about them
The recommendation numbers listed here in this summary are the numbers from the Dec. 13 presentation slides. The full listing of recommendations shared with task force members ahead of that meeting. The administrative review committee reordered the recommendations after the November meeting to better group them together and improve flow. The numbers to be used in the forthcoming task force report use the order from the administrative review committee and therefore differ from the numbers use at the task force meetings. The labels for the recommendations included below should match the labels used in the task force report.
Recommendation 1: The task force recommends that the Minnesota State Legislature take immediate action to end the use of subminimum wages by Aug. 1, 2025, allowing for a phased implementation period overseen by a statewide transition manager.
A task force member suggested Recommendation 1 be changed to require the transition plan to be submitted not only to the commissioner of labor and industry but also to the commissioner of human services. All task force members voted to accept this change.
A task force member expressed concerns about language in the recommendation that would stop employers from hiring new employees at less than minimum wage, starting Aug. 1, 2023. She was in the group of task force members who reviewed and revised the language for Recommendation 1 and reported that she had not seen this new language about the Aug. 1, 2023, date until she received the meeting materials. Karen Gaides, from Management Analysis and Development (MAD), said the change was suggested by one of the outside transition experts, who said the recommendation needed to “close the front door” on new hires at subminimum wages. The change came from the administrative review committee based on that input. Several members expressed concerns that Aug. 1, 2023, was too early to end new hires at subminimum wages. Several others said it would be wrong and difficult for workers to be hired at subminimum wages just before a change to eliminate subminimum wage jobs. Task force members used a roll call vote to decide if the Aug. 1, 2023, date should be changed to Aug. 1, 2024. Five task force members voted for the change, and 11 voted to keep Aug. 1, 2023. So, Aug. 1, 2023, was left in Recommendation 1.
Task force members then used the electronic polling function of Zoom to vote for or against Recommendation 1 as ammended. The recommendation won support from 14 of the 16 task force members, so it will be included in the task force report to the legislature.
Recommendation 3: Create a state-level transition team and technical assistance program
A task force member suggested that the language on the presentation slide be changed from creating a state-level transition manager to creating a state-level transition team. She said this would be important because both the Department of Labor and Industry (DLI) and the Department of Human Services (DHS) will be heavily involved in the transition. Another task force member asked if this change would imply that a transition manager would be hired at DLI, as well as at DHS. The first task force member said no, that DLI responsibilities for the transition team would be handled by an existing staff member as part of their current job. Task force members voted to replace “transition manager” with “transition team” at several places in the language for Recommendation 3.
Task force members voted on Recommendation 3 as ammended. The recommendation won support from all 16 task force members. So, it will be included in the task force report to the legislature.
Recommendation 4: Engage, educate, and support people interested in or earning subminimum wages during transition.
A task force member suggested that the recommendation language on the presentation slide be changed from “people earning subminimum wages” to “people interested in or earning subminimum wage” so that those interested in jobs at subminimum wages would be included in efforts to engage, educate and support people. Task force members voted without objection to make that change in several places.
Several task force members raised concerns about the “on a waiver” phrase in the recommendation, used to identify who would be offered support and education. Some people earn subminimum wages through county-funded programs, so “on a waiver” would exclude them from support and education. Task force members voted without objection to delete “and is on a waiver” from the recommendation language.
Task force members voted on Recommendation 4 as ammended. The recommendation won support from all 16 task force members. So, it will be included in the task force report to the legislature.
Recommendation 6: Strengthen core information on supports and services available to people with disabilities in Minnesota
A task force member suggested adding people on “county-funded services” to the recommendation language about who would receive core information. Task force members voted without objection to make this change,
Task force members voted on recommendation 6 as ammended. The recommendation won support from all 16 task force members. So, it will be included in the task force report to the legislature.
Recommendation 11: Incentivize employment and community access in Minnesota’s Medicaid HCBS waiver policy and fee structures, as well as county-funded services.
A task force member suggested changing the language from the presentation slide so that the recommendation would cover not only Medicaid HCBS waivers but also county-funded services. Others, too, said it was important to have similar treatment between what happens for Medicaid HCBS waivers and county-funded services. Task force members noted several places in the language to add the county-funded services reference. Task force members also supported additional language to the recommendation about counties: “Counties in Minnesota should review their county-funded services to ensure services rates incentivize employment and community access.” Task force members voted without objection to make these changes.
Task force members voted on Recommendation 11 as ammended. The recommendation won support from all 16 task force members. So it will be included in the task force report to the legislature.
Recommendation 13: Strengthen access to transportation supports.
No changes were suggested for Recommendation 13.
Task force members voted on recommendation 13 without changes. The recommendation won support from all 16 task force members. So it will be included in the task force report to the legislature.
Recommendation 15: Assess and remove barriers to employment supports in Personal Care Assistant (PCA) and Medicaid HCBS waiver services policy.
A task force member questioned why the recommendation included language about “access to PCA supports at a job site” only for “people who receive Community residential services through Medicaid HCBS Waiver services.” Another member said that currently only those in residential services do not have access to PCA supports at a jobsite. The first task force member said more PCA supports are needed for people on HCBS waiver services outside of residential services. She suggested a new bullet for Recommendation 15 that reads “Expanded access to PCA supports at a job site for people who receive HCBS Waiver services outside of community residential services.” Task force members voted without objection to make this change.
Task force members voted on Recommendation 15 as ammended. The recommendation won support from all 16 task force members. So, it will be included in the task force report to the legislature.
Recommendation 21: Ensure work experiences, opportunities for self-advocacy, collaboration and seamless referrals for services between school professionals and Vocational Rehabilitation Services/State Services for the Blind.
A task force member suggested a grammatical change to the recommendation language for the last bullet point about “youth who have disabilities aged 14 through 21 leave school with.” She asked that the sentence use “and/or” instead of “or.” The task force accepted this grammatical change without a vote.
Several task force members called for recognition in the recommendation of the importance of self-advocacy. They proposed adding “opportunities for self-advocacy” to language on the slide for the recommendation’s label or title. Task force members voted without objection to make this change.
Task force members voted on Recommendation 21 as ammended. The recommendation won support from all 16 task force members. So, it will be included in the task force report to the legislature.
For more detailed language on each recommendation, review the presentation slides found on the task force website.
Task force recommendation on continuing its work beyond March 31, 2024
The state law that created the task force says the “task force must include in the report [to the legislature] a recommendation concerning continuing the task force beyond its scheduled expiration” of March 31, 2024. Task force co-chair Jillian Nelson presented the recommendation that the task force continue beyond that planned expiration date if the Minnesota legislature takes action to phase out subminimum wages, but end as planned on March 31, 2024, if not. (Refer to presentation slide 39.) Under the proposed recommendation, the task force would continue “its duties and expire once subminimum wages have ended in the state.” Jillian [Nelson] said the task force could serve as a technical assistance group to advise those who will be involved in the transition away from subminimum wages.
After brief discussion, task force members voted on this recommendation. It won support from all 16 task force members. So, it will be included in the task force report to the legislature.
For more detailed language on this recommendation, review the presentation slides found on the task force website.
Presentations to the task force
Task force report to the legislature
Jessica Burke, from MAD, presented on the draft task force report to the legislature. Task force members received an early draft version of the report ahead of the meeting. That draft didn’t include recommendations because the task force had yet to approve all of them for the report. The early draft version also did not include the executive summary and the full appendices.
Jessica made summary remarks about the report sections. She noted that the report will include a section with comments from task force members opposed to specific recommendations and plans if there are objections. No task force members shared objections after the November meeting.
During the discussion period, several task force members asked if there were sections of the report that could be shared with others in draft form. The task force is not sharing draft versions of the full report. They said the Feb. 15, 2023, date for delivery of the report to the legislature is too late for legislators and agencies working now to prepare for possible legislative action on subminimum wages in the 2023 legislative session. Nelson noted that the task force meetings have been open to the public, via YouTube, so the task force recommendations are known to those who have been following the task force meetings and therefore could be shared with others. Andrea suggested that the administrative review committee work on this issue and come up with a document summarizing the recommendations, for task force members to share with others before Feb. 15. Any document for task force members to share before the full report is ready will labeled as a draft summary and identified as different from the forthcoming, full report. For more information, review the presentation slides found on the task force website.
Task force updates—Objections to recommendations and deciding if task force continues beyond March 2024
Karen [Gaides] , from MAD, gave the following updates:
Closing
Jillian [Nelson] congratulated the task force on tackling hard issues, engaging in complicated conversations, and developing important recommendations for the legislature about how Minnesota can prepare for an end to subminimum wages. “The work we have accomplished…is really something spectacular,” she said.
Dec. 13 task force participants
Task force members present:
Others
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