On January 1, 2008 Minnesota enacted additional provisions to the Minnesota Personnel File Law. The new provisions require all employers with more than 20 employees to provide written notice to a job applicant upon hire of the rights and remedies provided within the law.

This new provision does not change existing laws on employees' rights to inspect, etc. their personnel files; however, it requires that all new hires be advised of their "rights and remedies" under this law, in writing. The "writing" should include the following elements:

• Current employees may make a written request to review their personnel file every six months (former employees may view once per year for as long as the employer maintains the file).
• Upon receipt of the written request the employer must make the personnel file available for inspection within 7 working days (14 if the record is located out of state).
• Employers may require the inspection to occur during normal business hours for current employees and will mail a copy to former employees upon receipt of a current address.
• An employee disputing information contained in a personnel file may seek the employer's agreement to revise or remove the information and, if no agreement can be reached, may submit a written statement, not to exceed 5 pages, disputing the information which will be placed in the personnel file.
• Where the above guidelines are observed the employer may not make a claim for libel, slander or defamation.
• An employee may bring a civil action in an attempt to compel compliance with these provisions seeking actual damages, back pay, reinstatement and attorney's fees.
• Employees may not be retaliated against for exercising the right to review their personnel files.

We advise that employers also have their employees provide a signed acknowledgment form upon receipt of this document.