What are the laws governing the hiring of foreign workers?
In Minnesota, the laws governing the hiring of foreign workers are similar to those governing the hiring of domestic workers. Employers must comply with both state and federal laws that set the standards for employers to create safe and equitable conditions in the workplace. Under state law, employers must register with the Minnesota Department of Labor and Industry. This registration grants employers access to foreign labor, including the ability to hire temporary workers from foreign countries. The Department of Labor and Industry also provides employers with information about foreign labor laws and regulations, including laws pertaining to hiring foreign workers. At the federal level, foreign workers must obtain a visa in order to legally work in the United States. This visa must be obtained from the Department of Homeland Security and is typically granted after the employer has proved that no U.S. citizens are capable of performing the same job. In addition, employers must be willing to pay foreign workers the prevailing wage that other employees in the same vicinity are being paid. Employers must also comply with all applicable labor laws, including those pertaining to minimum wage, overtime eligibility, and workplace safety and health. Finally, employers must ensure that foreign workers are properly documented and have all the necessary authorization to work in the United States. Employers could be liable for penalties if the foreign workers do not have the proper documentation. It is important that employers understand all the relevant laws when engaging in the hiring of foreign workers.
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