Federal & State Regulations | Recordkeeping - Washington

Summary of differences between federal and state regulations

Federal

The federal Fair Labor Standards Act does not require employers to allow employees access to their personnel files. This access is generally a matter of agreement between an employer and an employee (or the employee’s representative). However, while federal law does not, some state laws require employers to allow employees access to their files. Employers need to comply with the state laws.

Federal OSHA requires that employers must allow employees and their designated representatives to inspect and/or copy records pertaining to exposure to hazardous substances. Access must be provided in a reasonable time, place, and manner. Access must be provided within 15 days working days. No costs may be incurred for the first provision, but subsequent provisions may be charged reasonable, nondiscriminatory administrative costs.

Employees and former employees must be guaranteed access to their individual OSHA 301 forms. Employee representatives will be provided access to the “information about the case” section of the OSHA 301 form in establishments where they represent employees.

The federal Health Insurance Portability and Accountability Act (HIPAA) requires employers to allow employees to inspect and/or obtain a copy of any of their own protected health information that is used to make decisions about them. Employers must provide access within 30 days of receiving a request if the information is maintained or accessible onsite. If not, employers have 60 days to act. Employers must arrange for a mutually convenient time and place for employee access. Employers may charge reasonable, cost-based fees for copying information, but not for retrieving or handling the information or processing a request.

State

Records to be kept on file
Wage and Hour/Payroll	Payroll Keep a record of the following information with respect to each employee: Name, Address, Occupation, Rate of pay, Amount paid each pay period, and Hours worked each day and each work week. WA Code §49.46.070
	For each employee eligible to receive the state minimum hourly wage, employers must keep payroll or other records containing the following information: Full name and, on the same record, the employee's identifying symbol or number if such is used in place of name on any time, work, or payroll records; Home address; Occupation in which employed; Date of birth if under eighteen; Time of day and day of week on which the employee's workweek begins (if the employee is part of a workforce or employed at an establishment in which all workers have a workweek beginning at the same time on the same day, a single notation of the time of the day and beginning day of the workweek for the whole workforce or establishment will suffice); Hours worked each workday and total hours worked each workweek; Total daily or weekly straight-time earnings or wages (including all earnings or wages due during any overtime worked, but exclusive of overtime excess compensation); Total overtime excess compensation for the workweek; Total additions to or deductions from wages paid each pay period (Every employer making additions to or deductions from wages shall also maintain a record of the dates, amounts, and nature of the items which make up the total additions and deductions); Total wages paid each pay period; and Date of payment and the pay period covered by payment. These records must be kept for at least three years. WA Admin. Code 296-128-010, 296-128-020
	Motor carriers In addition to the preceding recordkeeping requirement, employers who employ truck or bus drivers subject to the provisions of the Federal Motor Carrier Act must maintain records indicating: The base rate of pay, The overtime rate of pay, The hours worked by each employee for each type of work, and The formulas and projected work hours used to substantiate any deviation from payment on an hourly basis. These records must indicate the period of time for which the base rate of pay and the overtime rate of pay are in effect. WA Admin. Code 296-128-011
	Unemployment To comply with unemployment compensation law, employers must keep original records containing the following information with respect to each worker: Name; Social Security number; Beginning date of employment and, if applicable, the separation date of employment; Basis upon which wages and/or remuneration are paid to each worker; Location where such services were performed; A summary time record showing the calendar day or days of the week work was performed and the actual number of hours worked each day; Total gross pay period earnings; The specific sums withheld from earnings and the purpose of each sum withheld to equate to net pay; and The cause for any discharge or the reason for an employee's decision to quit, if it is known. This information must be preserved for four calendar years following the calendar year in which employment occurred. WA Code §50.12.070, WA Admin. Code 192-310-050
	Also for unemployment compensation purposes, farm operators or farm labor contractors must keep certain employment records in addition to those required above by WA Admin. Code 192-310-050. Farm operators who contract with a crew leader or a farm labor contractor must keep original records containing the following information: The beginning and ending dates of the contract; The types of services performed; The number of persons performing such services; The name of the contractor or crew leader; and Evidence the farm labor contractor is licensed. WA Admin. Code 192-310-055
Accessible Records	Public and private employees Upon request, both public and private employers must allow employees to view their personnel files at least annually. The files must be made available locally within 10 business days of the employee's request, unless good cause is shown that more time is needed. Accessible records in an employee's personnel file include, but are not limited to: Employment records, Documents containing employees’ qualifications, Verification of training completed, Signed job descriptions, Supervisor files, All performance evaluations, Letters of reference, Letters of reprimand, Salary, Sick and vacation leave hours, and Summaries of benefits and similar information. Employees may request an employer review of all information contained in their personnel files on an annual basis. Employers have the right to review the information more frequently. The employer must determine if there is any irrelevant or erroneous information in the files and remove such information. Employee statement of disagreement If an employee disagrees with an employer's finding of personnel file information to be irrelevant or erroneous, the employee may have a statement containing the employee's rebuttal or correction placed in the personnel file. Former employees retain this right for two years. WA Code §§ 49.12.240, 49.12.250 Administrative policy: Employee Access to Personnel File
	Employers must provide employees access to employment records containing the employee's name, address, occupation, dates of employment, rate of pay, hours worked, and amount paid to the employee each pay period. This access should be given upon request and at a reasonable time. Additionally, within 10 business days of receiving a written request from a former employee, employers must furnish a signed, written statement stating the reasons for and effective date of discharge. These requirements do not apply to: Newspaper vendors or carriers, Domestic or casual labor in or about private residences, Agricultural labor, nor Sheltered workshops. WA Admin. Code §296-126-001, §296-126-050
	Toxic material exposure Employees and former employees must be given access to records indicating and analyzing their exposure to toxic materials or harmful physical agents. These records must be provided to employees and their designated representatives within 15 working days. Employers must provide a copy of the record, free of charge, when requested. This may be done by one of the following methods: Making a copy for the employee or designated representative, Making the record and a copier available, or Loaning the record to the employee or designated representative for a reasonable time so that a copy can be made. WA Code §49.17.220, WA Admin. Code §296-802-40005
	Medical records Employees or their designated representatives must be given access to their medical records upon request. Access must be provided within 15 working days. Employers must provide a copy of the record, free of charge, when requested. This may be done by one of the following methods: Making a copy for the employee or designated representative, Making the record and a copier available, or Loaning the record to the employee or designated representative for a reasonable time so that a copy can be made. WA Admin. Code §§ 296-802-40010, 296-802-40005
Inaccessible Records	Employees needn't be given access to information or records: Relating to the investigation of a possible criminal offense, or Compiled in preparation for an impending lawsuit WA Code §49.12.260