Minnesota opens investigation of possible wage theft against HyLife
The Minnesota Department of Labor and Industry’s Labor Standards Division revealed the investigation in a statement of interest on June 6 to the Department of Homeland Security.
The letter stated the agency is investigating potential wage and hour violations allegedly committed by HyLife, including unpaid wages in violation of the Minnesota Fair Labor Standards Act, the Minnesota Payment of Wages Act and related rules that happened at any time between May 8, 2021 to present.
The statement does not detail the allegations.
Also in the letter, DLI requested deferred action and employment authorization for workers employed at HyLife at any time during the Investigative Period.
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This would mean that workers at the plant on H-2B visas, which are tied to employment at a specific business, could be eligible to stay and work at other businesses for up to two years.
MPR News confirmed the letter’s contents. When MPR News reached out to DLI for comment, an agency spokesperson replied “DLI has no public data responsive to your request.”
Premium Iowa Pork finalized its purchase of the Windom plant earlier this week for $14 million. The plant closed June 2 and all of the plant’s 1,000 employees lost their jobs.
Vulnerable workers
About 500 of the workers were on H-2B visas specifically tied to the Windom plant, and had ten days to find other options or return to their home countries.
HyLife’s pork processing plant in Windom had more workers on temporary visas in 2022 than any other meatpacking plants within that year, according to the U.S. Department of Labor.
The DLI’s letter explained that the agency recognized that some workers may not have immigration status to lawfully work and “are especially vulnerable to exploitative workplace practices and may be less likely to file complaints or participate in an investigation of their employer out of fear of retaliation, including adverse employment action in relation to their immigration status.”
The agency’s letter states that the investigation into HyLife aligns with its scope in making sure workplace protection laws are followed.
Those seeking deferred action and work authorization because of violations of labor laws must submit a copy of the statement of interest to U.S. Customs and Immigration Services along with other required documents and forms.
It’s unclear if DHS officially granted the state’s request for deferred action and work authorization.
With this investigation, a Biden administration initiative that went into effect earlier this year provides temporary protection from deportation along with work permits to people who were affected or witnessed violations of labor law.
Many workers already left for their home countries, but some managed to find employment at another meatpacking plant in Michigan owned by Clemens Food Group. However, those who are still in the region and don’t have other opportunities may see this as a pathway to obtain permission to lawfully stay in the United States.
Erin Schutte Wadzinski of Kivu Immigration Law in Worthington said the investigation is significant. She said the deferred action process applies to anyone who was employed at HyLife within a certain time frame up until the plant’s closure.
“If this had come into fruition a few short weeks ago, I think it would have had a bigger ripple effect for individuals and our local communities,” Wadzinski said. “My hope is that it’s not too late. It’s heartening to see that this type of safety net exists to try and uphold respectful conduct in the workplace of all employees, no matter their background.”
HyLife Foods did not immediately respond to an MPR News request for comment.
