Minnesota Session Laws - 1995, Regular Session

                            CHAPTER 154-H.F.No. 1437 
                  An act relating to employment; requiring disclosure to 
                  recruited employees in the food processing industry; 
                  providing penalties; proposing coding for new law in 
                  Minnesota Statutes, chapter 181. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [181.635] [RECRUITMENT; FOOD PROCESSING 
        EMPLOYMENT.] 
           Subdivision 1.  [DEFINITIONS.] The definitions in this 
        subdivision apply to this section. 
           (a) "Employer" means a person who employs another to 
        perform a service for hire.  Employer includes any agent or 
        attorney of an employer who, for money or other valuable 
        consideration paid or promised to be paid, performs any 
        recruiting.  
           (b) "Person" means a corporation, partnership, limited 
        liability company, limited liability partnership, association, 
        individual, or group of persons. 
           (c) "Recruits" means to induce an individual, directly or 
        through an agent, to relocate to Minnesota to work in food 
        processing by an offer of employment. 
           (d) "Food processing" means canning, packing, or otherwise 
        processing poultry or meat for consumption. 
           (e) "Terms and conditions of employment" means the 
        following: 
           (1) nature of the work to be performed; 
           (2) wage rate, nature and amount of deductions for tools, 
        clothing, supplies, or other items; 
           (3) anticipated hours of work per week, including overtime; 
           (4) anticipated slow-down or shutdown or if hours of work 
        per week vary more than 25 percent from clause (3); 
           (5) duration of the work; 
           (6) workers' compensation coverage and name, address, and 
        telephone number of insurer and department of labor and 
        industry; 
           (7) employee benefits available, including any health 
        plans, sick leave, or paid vacation; 
           (8) transportation and relocation arrangements with 
        allocation of costs between employer and employee; 
           (9) availability and description of housing and any costs 
        to employee associated with housing; and 
           (10) any other item of value offered, and allocation of 
        costs of item between employer and employee. 
           Subd. 2.  [RECRUITING; REQUIRED DISCLOSURE.] An employer 
        shall provide written disclosure of the terms and conditions of 
        employment to a person at the time it recruits the person to 
        relocate to work in the food processing industry.  The 
        disclosure requirement does not apply to an exempt employee as 
        defined in United States Code, title 29, section 213(a)(1).  The 
        disclosure must be written in English and Spanish, dated and 
        signed by the employer and the person recruited, and maintained 
        by the employer for two years.  A copy of the signed and 
        completed disclosure must be delivered immediately to the 
        recruited person.  The disclosure may not be construed as an 
        employment contract.  
           Subd. 3.  [CIVIL ACTION.] A person injured by a violation 
        of this section has a cause of action for damages for the 
        greater of $500 per violation or twice their actual damages, 
        plus costs and reasonable attorney's fees.  A damage award shall 
        be the greater of $750 or three times actual damages for a 
        person injured by an intentional violation of this section.  
           Subd. 4.  [FINE.] The department of labor and industry 
        shall fine an employer not less than $200 or more than $500 for 
        each violation of this section. 
           Subd. 5.  [APPLICABILITY.] A public agency providing 
        employment services is not an employer under this section. 
           Subd. 6.  [STANDARD DISCLOSURE FORM.] The department of 
        labor and industry shall provide a standard form for use at the 
        employer's option in making the disclosure required in 
        subdivision 2.  The form shall be available in English and 
        Spanish. 
           Presented to the governor May 9, 1995 
           Signed by the governor May 10, 1995, 10:28 a.m.