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['Recordkeeping']
['Recordkeeping']
04/08/2024
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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 Retain payroll records including the name, address, and occupation of each person employed for at least three years. These records should also include the daily and weekly hours worked by each employee, the employees’ rates of pay, and the wages paid each pay period to each employee. Alaska Stat. §23.05.080, §23.10.100, §23.20.105 |
| Public contractors All contractors or subcontractors who perform work on a state or local public construction contract must file, before the Friday of every second week, a Department of Labor and Workforce Development form for the previous reporting period. This form should report the number of workers employed, wages paid, the job classification of each employee, the hours worked each day and week, and any other information requested on the form. Alaska Stat. §36.05.040 | |
| Accessible Records | All employees Employees of private and public employers must allow employees or former employees to inspect and make copies of their personnel files and other personnel information during regular business hours. Employers may require employees (or former employees) who request copies of material to pay the reasonable cost of copying. These requirements do not, however, supersede the terms of a collective bargaining agreement. Alaska Stat. §23.10.430 |
| State employment applicants Applicants for state employment who appeal an examination score may review written examination questions unless the questions are to be used in future examinations. Alaska Stat. §39.25.080 | |
State
Contact
Alaska Department of Labor and Workforce Development
Regulations
Alaska Stat §23.10.430, §39.25.080
Federal
Contacts
Occupational Safety and Health Administration
U.S. Health and Human Services Department
Regulations
29 CFR 1910.1020(e) (OSHA)
45 CFR 164.524 (HIPAA)
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.