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 | Effective July 1, 2024 | 
        
            | 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.
 
 | No change | 
        
            | 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.
 
 | 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. | 
        
            | Employers with 20 or more employees mustprovide written notice to individuals upon hire of the rights and remedies provided by the law.
 
 | All employersmustprovide written notice to individuals upon hire of the rights and remedies provided by the law. | 
        
            | Employers with 20 or more employees are prohibited from taking adverse action against an employee for exercising their rights under the law.
 
 | All employersare prohibited from taking adverse action against an employee for exercising their rights under the law. | 
    
 Next Steps
    - Review policies and practices to ensure compliance with the law as amended.
- Train supervisors on the law.
 
		
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