MINNESOTA - Workers’ Rights

Definition of agricultural worker under state law:

Minn.R.5200.0260 defines agriculture for MNFLSA purposes: “For purposes of Minnesota Statutes, section 177.23, subdivision 7, “agriculture” means farming in all its branches and includes, but is not limited to, dairying, the field production, cultivation, growing, and harvesting of any agricultural or horticulture commodity, and the raising of livestock, bees, fur-bearing animals, and poultry. Agriculture includes repair, maintenance, and construction work incidental to such operation and the cleaning, processing, preservation, loading, and transporting to market or storage of the farmer’s own agricultural products. Industrial operations and processes that are more akin to manufacturing than to agriculture are not included. It does not include greenhouse work. It does not extend to outside services hired by the farmer. It does not include services performed for others, including, but not limited to, boarding or training of animals, lawn care, or landscaping.”
Under the state’s law on Migrant Labor, “[a]gricultural labor” is defined as “field labor associated with the cultivation and harvest of fruits and vegetables and work performed in processing fruits and vegetables for market.” (MINN. STAT. § 181.85)

Minnesota has a state law regarding minimum wage (Minn. Stat. § 177.21)
Minnesota’s hourly minimum wage is:
- $10.59 for large employers; and
- $8.63 for small employers effective Jan. 1, 2023, through Dec. 31, 2023.
Annual increases go into effect January 1 of each year and are announced the preceding August.
Agricultural workers are covered by the state minimum wage, with some exceptions (See MINN. STAT. § 177.23, subd. 7(1)–(4))

Minnesota has a state law regarding overtime pay. (Minn. Stat. § 177.25)
Overtime pay begins at a rate of 1-1/2 times the regular rate for any time worked beyond 48 hours in a workweek.
Agricultural workers are covered by the state overtime law, with some exemptions. Agricultural workers who are paid hourly are entitled to overtime wages but only if they are not exempted by the definition of ‘employee’ and if they are not paid a ‘salary’ as defined in state law. Some agricultural workers are not defined as “employees.” (See Minn. Stat. Ann. § 177.23 Subd. 7(2).

Note: Cannery workers – under FLSA, most cannery workers have the right to overtime when they work more than 40 hours in a week, no matter what state they work in. Most migrant cannery workers in Minnesota have the right to receive at least 70 hours of pay during any two successive weeks of work, regardless of how many hours of work they are offered. (Minn. Stat. 181.87 Subd. 3.)

For wages, overtime and unlawful deductions:
Minnesota Department of Labor and Industry – Labor Standards Division

Website: https://www.dli.mn.gov/laborlaw
Phone: 651-284-5075 (se habla espanol; interpreters available in other languages)
Relevant Forms: https://www.dli.mn.gov/workers/worker-rights-and-protection/complaints

For migrant labor laws:
Minnesota Office of the Attorney General

Phone: (651) 757-1203 (se habla español) or (800) 657-3787
Website: http://www.ag.state.mn.us/
Relevant Forms: https://www.ag.state.mn.us/Office/Complaint.asp

Agricultural workers are covered by the state workers’ compensation law, with some exceptions.
Employers provide workers’ compensation but limits coverage to certain classifications of agricultural employers or workers.
A spouse, parent, or child of the farmer-employer are not entitled to workers’ compensation. (MINN. STAT. § 176.041)
A person employed by a family farm is excluded from the workers’ compensation statute. “Family farm” is defined at MINN. STAT. § 176.011.

State Enforcement Agency:
Minnesota Department of Labor and Industry

Safety Committees – Minnesota employers with more than 25 employees must have an active safety committee with both worker and management members. You can file a complaint if your employer does not have a safety committee. (Minn. Stat. 182.676.)

State Enforcement Agency:
Minnesota Department of Labor and Industry – MN OSHA Compliance

Minnesota has a state law regarding pesticide safety in agriculture. (MINN. STAT. § 18B)
Suspected pesticide poisoning is not a reportable illness for health care providers.

State Enforcement Agency:
MN Department of Agriculture, Pesticide and Fertilizer Management Division

There is no provision (or judicial interpretation of a provision) in the state constitution that grants farmworkers the right to join and organize labor unions free from retaliation or to engage in collective bargaining with their employers.
There is no state statute that grants agricultural workers the right to join and organize labor unions free from retaliation (such as being fired, demoted or disciplined). Agricultural workers are specifically exempt from the Minnesota Labor Relations Act, which includes the right to to form, join or assist labor organizations and bargain collectively. (MINN. STAT. §§ 179.01, 179.10)

Southern Minnesota Regional Legal Services – Agricultural Worker Project
http://www.smrls.org