As a reminder to all Minnesota employers with 20 or more employees, effective January 1, 2008, written notice must be provided to a job applicant upon hire of the rights and remedies provided in Minnesota's Personnel Record Review and Access Statute (Minnesota Statute §§ 181.960 to 181.965).
What does this mean? Unfortunately, the statute provides no guidance on what constitutes appropriate written notice. However, the following appears to satisfy the new requirement: requiring an employee to sign an acknowledgment upon hire that the employee has received the information set forth in Minnesota's Personnel Record Review and Access Statute, or including such information in an employee handbook that includes a signed acknowledgement at the end of the employee handbook.
The written notice must, among other things, inform the employee that the employee has a right to review his or her personnel record every six months upon written request, to obtain a copy of the record at no charge, and that a former employee is entitled to review his or her personnel record upon written request once every year after the separation date and to obtain a copy of the record at no charge as long as the employer maintains the personnel record.
Minnesota employers with 20 or more employees must be in compliance with the written notice requirement by January 1, 2008. If you have any questions regarding this new statute or how to get into compliance, you may contact Winthrop & Weinstine, P.A., for assistance. Winthrop & Weinstine routinely drafts and reviews handbook policies and employment contracts to ensure compliance with employment-related laws.
If you have any questions regarding information in this Alert, please do not hesitate to contact an employment attorney at Winthrop & Weinstine, P.A.
NOTICE: This Alert is a periodic publication of Winthrop & Weinstine, P.A., and should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only and we encourage you to consult your legal counsel concerning your unique situation and any specific legal questions.