Minnesota Expands Rights Under Law on Providing Access to Personnel Records
07/03/24
Author: ADP Admin/Wednesday, July 3, 2024/Categories: Compliance Corner , State Compliance Update, Minnesota
Minnesota has enacted legislation that will expand rights under a state law entitling employees to access their own personnel records. The changes are a result of enactment of House File 5247 and take effect July 1, 2024.
The Details
Here’s a summary of current law and the changes made by House File 5247.
Current Law
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Effective July 1, 2024
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Upon written request by an employee, all employers must provide the employee with an opportunity to review their personnel record.
A current employee is entitled to review their personnel record once every six months.
A former employee may either request to review their personnel file once a year or obtain a copy of their personnel file free of charge once a year for as long as the record is maintained.
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No change
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If an employee works for an employer with 20 or more employees and disputes specific information contained in their personnel record:
- The employer and the employee may agree to remove or revise the disputed information.
- If an agreement isn’t reached, the employee may submit a written statement specifically identifying the disputed information and explaining the employee's position.
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If an employee works for an employer withone or more employeesand disputes specific information contained in their personnel record:
- The employer and the employee may agree to remove or revise the disputed information.
- If an agreement isn’t reached, the employee may submit a written statement specifically identifying the disputed information and explaining the employee's position.
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Employers with 20 or more employees mustprovide written notice to individuals upon hire of the rights and remedies provided by the law.
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All employersmustprovide written notice to individuals upon hire of the rights and remedies provided by the law.
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Employers with 20 or more employees are prohibited from taking adverse action against an employee for exercising their rights under the law.
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All employersare prohibited from taking adverse action against an employee for exercising their rights under the law.
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Next Steps
- Review policies and practices to ensure compliance with the law as amended.
- Train supervisors on the law.
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