Minnesota Department of Labor and Industry recovers over $163K for agricultural workers for sick time and recruitment violations
The Minnesota Department of Labor and Industry (DLI) has recovered over $82,000 for earned sick and safe time (ESST) violations for 442 workers and over $80,000 in penalties for failure to provide employment statements to 101 recruited migrant agricultural workers, as a result of a settlement with R.D. Offutt Farms Co. All money recovered will be paid to workers.
R.D. Offutt Farms Co. is a Minnesota-based company with potato farm operations in more than 10 communities in Minnesota, as well as in North Dakota, Wisconsin and Nebraska.
During DLI’s audit period of Jan. 1 to Dec. 31, 2024, it found the company failed to provide:
- ESST to all its employees, and most employees were unable to use ESST during the audit period; and
- recruited migrant agricultural workers with a written employment statement at the time of recruitment.
Employer responsibilities
To ensure workers receive essential job information before traveling to Minnesota for employment, state law requires employers who recruit agricultural workers from outside the state to provide a written employment statement at the time of recruitment. The statement must include key job details such as the start date, minimum employment period, payment terms, housing arrangements and other relevant information.
The requirement, which previously applied primarily to the canning industry, was expanded in 2023 to cover a broader range of agricultural employers.
Additionally, as of Jan. 1, 2024, employers are required to provide most Minnesota workers paid ESST hours for illness, caregiving and safety-related needs.
"When migrant agricultural workers travel long distances for seasonal jobs, they should receive information about what they’re signing up for before traveling to Minnesota. With limited exceptions, they should also receive the protections of the ESST law when they are sick," said DLI Commissioner Nicole Blissenbach. "We appreciate R.D. Offutt Farms’ cooperation to resolve these problems, compensate affected workers and take steps to make sure their employment practices improve."
DLI’s outreach and engagement
This investigation is part of a broader effort to improve compliance with labor laws in the agricultural industry and to ensure that both workers and employers have clear, accessible information about their rights and responsibilities.
In 2023 and 2024, DLI conducted agricultural industry outreach through webinars, legal education sessions and direct engagement with agricultural organizations, including the Minnesota Farm Bureau, AgriGrowth, Midwest Food Products Association and the Minnesota Farmers Union.
Learn more
Agricultural workers and employers can learn more about their rights and responsibilities at dli.mn.gov/agriculture. To ask questions or report a potential violation, contact DLI’s Labor Standards Division at 651-284-5075 or [email protected].
Media contact: James Honerman at 651-284-5313 or [email protected].
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