Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 445-H.F.No. 1889 
           An act relating to employment; modifying provisions 
          related to access to employee personnel records; 
          amending Minnesota Statutes 1990, sections 181.961, 
          subdivision 2; and 181.962, subdivision 1.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 181.961, 
subdivision 2, is amended to read: 
    Subd. 2.  [TIME; LOCATION; CONDITION; COPY.] (a) The 
employer shall comply with a written request pursuant to 
subdivision 1 no later than seven working days after receipt of 
the request if the personnel record is located in this state, or 
no later than 14 working days after receipt of the request if 
the personnel record is located outside this state.  
    (b) With respect to current employees, the personnel record 
or an accurate copy must be made available for review by the 
employee during the employer's normal hours of operation at the 
employee's place of employment or other reasonably nearby 
location, but need not be made available during the employee's 
working hours.  The employer may require that the review be made 
in the presence of the employer or the employer's designee.  
After the review and upon the employee's written request, the 
employer shall provide a copy of the record to the employee.  
    (c) With respect to employees who are separated from 
employment, upon the employee's written request, the employer 
shall provide a copy of the personnel record to the employee. 
    (d) The employer may charge a fee for the copy not to 
exceed the actual cost of making, compiling, and mailing the 
copy. 
    Sec. 2.  Minnesota Statutes 1990, section 181.962, 
subdivision 1, is amended to read: 
    Subdivision 1.  [AGREEMENT; FAILURE TO AGREE; COPY; 
POSITION STATEMENT.] (a) If an employee disputes specific 
information contained in the employee's personnel record: 
    (1) upon the written request of the employee, the employer 
shall provide a copy of the disputed information, and may charge 
a fee for the copy not to exceed the actual cost of making and 
compiling the copy; 
    (2) the employer and the employee may agree to remove or 
revise the disputed information; and 
    (3) (2) if an agreement is not reached, the employee may 
submit a written statement specifically identifying the disputed 
information and explaining the employee's position. 
    (b) The employee's position statement may not exceed five 
written pages.  The position statement must be included along 
with the disputed information for as long as that information is 
maintained in the employee's personnel record.  A copy of the 
position statement must also be provided to any other person who 
receives a copy of the disputed information from the employer 
after the position statement is submitted. 
    Presented to the governor April 10, 1992 
    Signed by the governor April 13, 1992, 1:28 p.m.