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
(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 slowdown 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
(9) availability and description of housing and any costs to employee associated with
(10) any other item of value offered, and allocation of costs of item between employer
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.
History: 1995 c 154 s 1