Recordkeeping - Arizona | J. J. Keller® Compliance Network

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.

State

Contact

Industrial Commission of Arizona

Regulations

Arizona Revised Statutes §§23-493.09, 23-427

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)

Records to be kept on file
Wage and Hour/Payroll	Payroll Maintain records showing the hours worked each day by each employee and the wages paid to each employee for a period of four years. Arizona Revised Statutes §23-364
	Unemployment The Arizona Department of Economic Security requires employers to maintain the following records for four calendar years: Payroll journal; Copies of W-2s and W-3s; The beginning and ending dates of each pay period; The total wages paid in each pay period, the manner in which the wages were paid (cash, check, etc.), and the date of the payments; The date in the week in which the largest number of individuals worked and the number of individuals who worked on that day; Employees’ first and last names; Employees’ Social Security numbers; The date each employee was hired, rehired, or returned to work; The date each worker’s employment ended and the reason(s) for separation from work; The wages paid to each employee in each calendar quarter; The wages paid to each employee in each pay period The amount and date of any special payment (e.g., bonuses, gifts, or prizes) provided to each employee; and The location in which each employee worked. Arizona Revised Statutes §23-721, Arizona Department of Economic Security: https://des.az.gov/services/employment/unemployment-employer/employer-requirements-record-keeping
Accessible Records	Public employees Public sector employees or their designated representatives may view their official personnel files. These files must include: A copy of the job application or resume for the employee's current regular position; A copy of all performance appraisal reports; Personnel action forms that have authorized changes in employment status, position, classification, pay, or leave status; Letters of commendation as established by agency policy; Correspondence concerning disciplinary actions, letters of reprimand, documents acknowledging receipt of reprimand or other disciplinary communications, or other related employee objections that are not filed as grievances; and Corrective action plans and performance planning documents. Arizona Administrative Code §R2-5A-105
	Drug and alcohol testing records Employees who have undergone drug or alcohol testing are allowed access to written test results that pertain to them personally. Arizona Revised Statutes §23-493.09
	Toxic material exposure records Employers must maintain accurate records of employee exposures to potentially toxic materials or harmful physical agents. Employees or their designated representatives should be allowed to have access to the records of toxic or harmful material monitoring or measuring. Employees and former employees should have access to records indicating their own exposure to toxic materials or harmful physical agents. Arizona Revised Statutes §23-427

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Recordkeeping - Arizona

Summary of differences between federal and state regulations

State

Federal