Minnesota · migrant agricultural guarantee
Minnesota migrant 70-hour biweekly pay guarantee (§ 181.87)
Recruited migrant agricultural workers: ≥70 hours' pay in any two successive weeks at the higher of the employment-statement rate or federal/state/local MW (statewide floor $11.41 for 2026), plus 1.5× after 48 in each workweek under Minn. Stat. § 177.25. Climate / act-of-God stretch of 7+ consecutive no-work days cuts 5h from the guarantee per day and pays $50/day. Not Oregon ag weekly-48-only. Not shipped daily reporting floors. Not MN public works or MN meal/rest.
How Minn. Stat. § 181.87 subd. 3 pays
The employer shall guarantee each recruited migrant worker a minimum of 70 hours pay for work in any two successive weeks. If pay for hours actually offered by the employer and worked by the migrant worker is less than that minimum, the employer pays the difference within three days after the scheduled payday. Payment is at the hourly wage rate in the employment statement, or the federal, state, or local minimum wage, whichever is highest. Any pay in addition to the statement hourly rate — including overtime premiums under § 177.25 — is applied against the guarantee.
When no work is available for seven or more consecutive days during any two-week period after work begins because of climatic conditions or an act of God, the guarantee is reduced by five hours pay for each such day, provided the employer pays $50 for each such day on the normal payday. Refusal or illness on a day work is offered reduces the guarantee by the hours offered that day (subd. 6). If the worker quits or is fired for cause, the guarantee is off (subd. 4).
Two weeks of 2×10h @ $15 → 40h hours-pay $600 vs 70h floor $1,050 → $450 shortfall (total $1,050).
Same punches on /oregon-agricultural-overtime/ → 40 regular, no guarantee line.
0h + 7 climate days @ $15 → 35h floor $525 + $350 stipend = $875.
5×8h each week @ $15 → 80h; floor met; total $1,200.
5×11h week 1 only @ $15 → 48 regular + 7 OT = $877.50 hours-pay; shortfall $172.50; total $1,050.
Sources
- Minn. Stat. § 181.87 — payment to migrant workers (official Revisor)
- Minn. Stat. § 181.85 — definitions (migrant worker / recruiter)
- Minn. Stat. § 181.86 — employment statement
- Minn. Stat. § 177.25 — overtime after 48 for certain employees
- Minnesota DLI — Agriculture
- DLI wages and overtime FAQs
- DLI: 2026 minimum wage $11.41 statewide
FAQ
What is the Minnesota migrant worker 70-hour guarantee?
Minn. Stat. § 181.87 subd. 3 requires the employer to guarantee each recruited migrant worker a minimum of 70 hours pay for work in any two successive weeks. If pay for hours actually offered and worked is less than that floor, the employer pays the difference within three days after the scheduled payday. Payment is at the higher of the employment-statement hourly rate or the federal, state, or local minimum wage. Any pay in addition to the statement hourly rate — including overtime premiums — applies against the guarantee.
How does overtime interact with the 70-hour floor?
Hours actually worked are paid under Minn. Stat. § 177.25: 1.5× after 48 hours in each workweek, with no daily overtime. Those overtime premiums count toward the 70-hour pay guarantee. A biweek of only 40 straight-time hours at $15 is $600 hours-pay against a $1,050 floor ($450 shortfall). A 55-hour week one (48 regular + 7 OT) credits the OT premium against the same floor.
What is the climate / act-of-God reduction?
When no work is available for seven or more consecutive days in any two-week period after work begins because of climatic conditions or an act of God, the guarantee is reduced by five hours pay for each such day, and the employer pays $50 for each such day on the normal payday (Minn. Stat. § 181.87 subd. 3).
Is this the same as Oregon agricultural overtime?
No. /oregon-agricultural-overtime/ is ORS 653.272 weekly-48 only for 2025–2026 with no biweekly hours-pay floor. This page is Minnesota's recruited migrant guarantee of 70 hours' pay over any two successive weeks plus Minnesota § 177.25 after-48 in each week.
Is this a daily reporting-time floor like Rhode Island or Massachusetts?
No. Shipped RI/MA/NH/CT/ME/NJ calculators are same-day reporting floors. This Minnesota line is a 70-hour biweekly pay guarantee for recruited migrant agricultural workers under Minn. Stat. §§ 181.85–181.87.
Who is a recruited migrant agricultural worker?
Minn. Stat. § 181.85 defines a migrant worker as an individual at least 17 years of age who travels more than 100 miles to Minnesota from another state to perform seasonal agricultural labor hired by a recruiter. An employment statement under § 181.86 is required. Coverage is labeled on this page, not gated. Quit or fired-for-cause turns the guarantee off under subd. 4.