New Notice Requirement Regarding Personnel Records Takes Effect Jan. 1

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December 20, 2007

Effective January 1, 2008, Minnesota employers will be required to provide all new hires with written notice of their rights and remedies under Minnesota’s Personnel Record Statute. This law provides current and former employees with the opportunity to review or receive a copy of their personnel record, as defined in the statute. Employees may also request that certain documents be removed from their personnel record or submit a rebuttal document to be included in their files.

In May 2007, Gov. Tim Pawlenty signed into law a general requirement that employers provide new hires with written notice of these and other rights and remedies under the statute. While the new law does not specify a necessary format for this notice, we encourage clients—as a best practice—to develop a specific notice to be provided to a new hire on his or her first day of employment.

If you have not yet developed such a notice to provide to new hires in 2008, or have questions about how to comply with this new requirement, please contact your Briggs and Morgan attorney or a member of our Labor and Employment Law Section.