Federal & State Regulations | Recordkeeping - Georgia | J. J. Keller® Compliance Network

Summary of differences between federal and state regulations

Federal

The 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 Maintain records containing the following information for each employee: Name, Address, Occupation, Daily and weekly hours worked, and Wages paid during each pay period. These records must be kept on file for at least one year after the date of the record. GA Code Title 34, Chapter 2, §34-2-11; GA Code Title 34, Chapter 4, §34-4-5
	Employers required to deduct and withhold taxes must keep records of all remuneration paid to employees, including remuneration paid in forms other than cash. These records must be maintained for at least four years after the date the tax to which they relate becomes due or the date the tax is paid, whichever is later. GA Code Title 48, Chapter 7, Article 5, §48-7-111
	Employers must keep records of the street address of each of their establishments, branches, outlets, or offices; the nature of the operation; the number of persons employed; and the wages paid at each establishment, branch, outlet, or office. GA Code Title 34, Chapter 8, Article 4, §34-8-121
	Unemployment For the purposes of complying with employment security law, employers must maintain records containing the following information for each employee: Name; Social Security number; State or states in which the services are performed; Date on which the individual was hired, rehired or returned to work after temporary layoff, and date separated from work and reason therefor; Remuneration paid for services and date of payment; Amounts paid the individual as reimbursement for traveling or other business expenses, dates of such payments, amounts of such payments, and amounts of such expenditures actually incurred and accounted for by the individual; The daily, hourly, weekly, or other rate of pay; Hours spent in covered or exempt employment; Beginning and ending dates of each pay period; and Total amount of remuneration paid in each quarter for services; Additionally, the records shall be maintained in such form as to make it possible to determine with respect to any worker: Earnings by pay-period weeks, if paid on a weekly basis, or if not so paid, then by calendar weeks or by other seven consecutive day periods; Weeks of less than full-time work; and Time lost due to the individual’s unavailability for work. These records must be kept for at least four years. GA Comp. R & Regs. 300-2-6.01
Accessible Records	Public employees Public employees' personnel records are considered public records under the Georgia Open Records Act. Members of the public, whether they are the employee in question or not, may view and copy public employees' personnel files. Copying may be done under the supervision of the custodian of the records. The fee for copying may not exceed 25 cents per page, unless specific fees for certified copies or other copies or records are authorized or otherwise prescribed by law. Information available to only the employee Certain information is excluded from release to the public, except for the individual who is the subject of such information. An employee and an authorized representative may be required to present identification or authorization in order to obtain access to his or her files containing the following information about the employee: Medical and insurance information found in personnel records, Social Security number, Day and month of birth, Mother's birth name, Credit card information, Debit card information, Bank account information, Account numbers (including utility account numbers), Account passwords, and Financial data or information. If the requesting individual is not the subject of the record, the above information may be redacted before access to the record is provided. GA Code Title 50, Chapter 18, Article 4, §§ 50-18-70, 50-18-71, 50-18-72
Inaccessible Records	Records inaccessible under the open records law include, but are not limited to, those containing: Confidential evaluations prepared in connection with the appointment or hiring of a public officer or employee; Material obtained in investigations related to the suspension, firing, or investigation of complaints against public officers or employees until 10 days after the material has been presented for action or the investigation is otherwise concluded or terminated; Information that would identify persons applying for or under consideration for employment or appointment as executive head of a public agency or unit of the state's university system (however, at least 14 calendar days before final action is to be taken on the position, the agency must release all documents in its possession with respect to as many as three candidates under consideration for the position and deemed to be the best qualified); Trade secrets; Confidential information; Medical records or similar files; Information relating to any pending criminal investigation or prosecution, other than initial police arrest reports and initial incident reports; Motor vehicle accident reports, unless the requesting individual was involved in the accident; Security plans and vulnerability assessments; Institutional research or studies; and Questions, scoring keys, and other materials constituting a test administered by the State Board of Education, the Office of Student Achievement, the Professional Standards Commission, or a local school system. However, the State Board of Education may establish procedures whereby a person may view, but not copy, such records if viewing will not affect the result of administration of such test. Additionally, in an administrative proceeding authorized under Georgia law, a party may not access public records pertaining to the subject of the proceeding without the prior approval of the presiding administrative law judge. GA Code Title 50, Chapter 18, Article 4, §§ 50-18-72, §50-18-70(e)