Your Rights as a Migrant Worker in Minnesota
Minnesota law provides certain rights and protections to migrant workers who travel more than 100 miles from another state to perform seasonal agricultural labor—which includes cultivating, harvesting, or processing fruits and vegetables—in Minnesota.
- Employment Statement – When you are recruited, your employer must provide you with a written employment statement (in English and Spanish), clearly disclosing the following information:
- The date and place the written statement was provided to you;
- The name and permanent address of your employer, your recruiter, and yourself;
- The date you are expected to arrive at your place of employment;
- The date your employment is set to begin, as well as the approximate hours of your employment and the minimum period of time your employment will last;
- The crops and operations for which you will be employed;
- The wage rates you will be paid, the payment terms (you must be paid at least every two weeks), and any deductions that will be made from your wages;
- Whether housing will be provided to you.
- Guaranteed Minimum Hours – Your employer must guarantee you a minimum of 70 hours pay for work during any two-week period. If the biweekly pay you receive is less than this minimum guarantee, your employer must pay you the difference within three days after the scheduled payday for that pay period. This guaranteed minimum can be reduced, however, for any hours you refuse to work or are unable to work due to illness or disability.
- Employer-Provided Health Insurance – Your employer must provide health care insurance to you during your period of employment.
- You Can Bring a Legal Action Against Your Employer – If you believe your employer is not in compliance with these rights and protections, you can bring a legal action against them.
How the Attorney General’s Office Can Help
- If your employer is not fulfilling its promises to you, but instead is violating your rights as a migrant worker in Minnesota (or if you have other questions relating to your employment or any other consumer protection issue), you may contact the Attorney General’s Office to report the situation.
- Our phone lines are staffed from Monday to Friday, 8:00 a.m. to 4:30 p.m.
- You may call us at (651) 296-3353 (Twin Cities) or (800) 657-3787 (Outside Twin Cities).
- You may also report your concerns by filling out a complaint.
Wage theft occurs any time an employer does not pay an employee everything the employee is owed by law. Nationally, employees are underpaid by as much as $50 billion dollars each year due to wage theft.
Women’s Economic Security in Minnesota
Protecting and promoting women’s economic security and equal access to employment and opportunity in Minnesota is essential to Minnesota’s economic health. Minnesota’s laws protecting these rights keep talented women in the workforce, help lift up families and children, and benefit Minnesota as a whole by ensuring that everyone—regardless of gender—can afford to live their lives with dignity and respect.
Independent Contractor Misclassification
Individuals who perform regular work for a company in the course of that company’s business are employees. An independent contractor, on the other hand, is a worker who is not an employee and independently contracts with an individual or business to provide a good or perform a service.