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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:

  1. The employer and the employee may agree to remove or revise the disputed information.
  2. 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:

  1. The employer and the employee may agree to remove or revise the disputed information.
  2. 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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