What happened?

An employer that recruits a migrant worker must provide the worker at the time of recruitment, with a written employment statement, in English and Spanish, or another language if the worker’s preferred language is not English or Spanish.

What are the details?

Employers must provide an employment statement to all recruited migrant agricultural workers (defined as people at least 17 years of age who travel more than 100 miles to Minnesota from another state to work in agriculture based on an offer or the possibility of employment).

• The statement must have at least the requirements listed in 181.86 of the Minnesota Labor Industry Statute.
• The employment notice is in addition to the Notice to Employee in 181.032 of the Minnesota Labor Industry Statute.

An important change is that state law previously defined a (covered) employer of migrant agricultural workers as someone who hired 30 migrant agricultural workers in a year, but now, the threshold is just 1 migrant agricultural worker in a year.

These workers are different from H-2A temporary agricultural workers. Therefore, this law does not apply to H-2A workers.

Business Considerations

• Review the requirements and create the employment statement.
• Update your policies and procedures to ensure all covered employees receive the required statement.

Resources

• Employment Statement (181.86 Labor Industry)
• Required Statement Of Earnings By Employer; Notice To Employee (181.032 Labor Industry)
• Employment Statement English 
• Employment Statement Spanish 
• H-2A temporary agricultural workers
• DLI AGRICULTURAL WORKERS

Source References

• NEW MINNESOTA WORKPLACE POSTERS AND NOTICES REQUIREMENTS FOR BUSINESSES (Northland Small Business Development Center)

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