Employers also must ask all new employees whether they have court-ordered medical support or dependent health or dental insurance obligations that must be withheld from income, and the terms of any court order. If medical support must be withheld, the employer must do the appropriate withholding. If the employee is required to obtain dependent insurance the employer must tell the employee about the application process and enroll the employee and dependents in the plan. An employer who willfully fails to comply is liable for the health or dental expenses incurred by dependents during the time they were eligible to be enrolled. The law also requires a court to order the parent with the better health care insurance plan to provide it for the children, if the plan is paid for by the employer or union. Garnishment of Wages. An employer may be required to garnish and pay over money an employee owes to third persons. Certain statutory requirements must be met, and there is a limit on the amount of wages that may be garnished. These requirements and limitations are provided in the garnishment notice. An employer is prohibited by law from retaliating against an employee due to garnishment. An employer may charge the employee $3 for each written response the employer must provide for purposes of administering the garnishment of wages. Access to Personnel Records (Other Than Employee Assistance Records) Employers who employ one or more employees must allow those workers to review their personnel records and to obtain a copy under certain circumstances. A worker must request the right to review his or her personnel file in writing, and can only do so once in a six-month period. An employee who separates from service may review the file once a year for as long as the personnel record is maintained. After the employee makes the request, the employer must comply within seven working days if the personnel record is in Minnesota, and within 14 days if the record is outside the state. The file must be made available for review during the employer‘s normal hours of operation, but need not be made available during the employee‘s working hours. For separated employees, this requirement is met if the employee is given a copy of the file. The employer may require that the review be done in the presence of the employer or the employer‘s designee. After the review and upon the employee‘s written request, the employer must provide a copy of the record to the employee. The employer may not charge a fee for the copy. A request to review the record may be denied if the employer determines it is not made in good faith. The law specifies a procedure for removal or revision of information that is disputed by the employee. If the employer and employee cannot agree on removal of disputed information, the employee may submit a written statement of up to five pages specifically identifying the disputed information and explaining the employee‘s position. The employee‘s statement must be included along with the disputed information for as long as the information is maintained in the employee‘s personnel record. A copy of the employee‘s statement must be provided to any person who receives a copy of the disputed information. Communication of information obtained through a review of the employee‘s personnel record cannot be the basis of a defamation action, unless the employer refuses to follow the dispute resolution procedure. The law specifies conditions under which a defamation action may be maintained.
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