Provided that an employer is covered by the ordinance, the ordinance applies to both full-time and part-time employees who perform work within the geographic boundaries of the city for more than 50 percent of their working time in a 12-month period, or are based in the city of Duluth and spend a substantial part of their time working in the city and do not spend more than 50 percent of their work-time in a 12-month period in any other particular place.
Example 1: Carla works as a driver for Jackson Sister’s Liquor Company, a Duluth-based alcohol distribution company. She works full-time driving a route from Duluth to St. Paul 5 days a week, every week, all year long. Although she spends some time in Duluth every workday, approximately 90% of her work-time is spent either on the road or unloading her truck in St. Paul. Because she spends more than 50 percent of her work time outside of Duluth, she is NOT covered by the ordinance.
Example 2: Martin works for Stellar Stonework, a Superior-based company that does work in both Minnesota and Wisconsin. Martin is assigned to work full-time on a project in Duluth that will run from April to October. Although he will be commuting from Wisconsin and checking in daily at the Superior office, he IS covered by the ordinance because he spends more than 50 percent of his work-time in Duluth. However, he will only be able to accrue and use ESST for hours worked in the city of Duluth.
Example 3: Yolanda works for Vitellian Banquets, a Duluth-based catering company. According to her employer’s records, she works approximately 3 weeks every month; 2 weeks in Duluth and 1 week in Superior. Because she spends more than 50 percent of her work time in Duluth, she is covered by the ordinance. However, she will only accrue and be able to use ESST for hours scheduled for work in Duluth.