Federal & State Regulations | Recordkeeping - Colorado

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	Wage/hour For each employee, keep a record containing: The name, address, Social Security number, occupation, and date of hire of said employee; His or her date of birth, if the employee is younger than 18; A daily record of all hours worked; A record of allowable credits and declared tips; and The regular rates of pay, gross wages earned, withholdings made, and net amounts paid each pay period. Such records shall be kept on file at least two years from date of entry. Colorado Minimum Wage Order No. 30 Section 12 Every employer shall at least monthly, or at the time of each payment of wages or compensation, furnish to each employee an itemized pay statement in writing showing the following: Gross wages earned; All withholdings and deductions; Net wages earned; The inclusive dates of the pay period; The name of the employee or the employee's social security number; and The name and address of the employer. Effective January 1, 2015, an employer shall retain records reflecting the information contained in an employee's itemized pay statement for a period of at least three years after the wages or compensation were due. The records shall be available for inspection by the division, and the employer shall provide copies of the records upon request by the division or the employee. Colorado Revised Statutes §8-4-103
	Keep a register of the names, ages, dates of employment, and addresses of all employees. Colorado Revised Statutes §8-6-107(2)
	Contractors' records Field labor contractors should keep records on wage rates, wages earned, and the number of hours worked for each migratory laborer. These records should be kept for at least three years. Colorado Revised Statutes §8-4-103(5)
	Unemployment Keep unemployment insurance records prescribed by the Division of Employment and Training for at least five years. Colorado Revised Statutes §8-72-107
Accessible Records	Private employers Effective 1/1/17, employees of many private employers are entitled to, at least annually and upon request, inspect and obtain a copy of any part of their personnel file. Former employees may make one inspection of such files after termination. The provision does not apply to banks, trust companies, savings institutions, or credit unions. Employers may require the employee to pay the reasonable cost of document duplication. “Personnel file” includes records used to determine an employee’s qualifications for employment, promotion, compensation, or employment termination or other disciplinary action. It does not include records maintained in a separate file, or those pertaining to confidential reports from previous employers, active criminal investigation, disciplinary investigation, or confidential accusation.
	School teachers Public school teachers are allowed to inspect and copy all of their individual information on file in the Department of Education. The educator may challenge any of the records. This challenge should be added to the state records. Colorado Revised Statutes §22-2-111(3)
	State employment applicants Individuals who took written promotional examinations pursuant to the state personnel system should be given access to the exams and scores or results. This access should only be given after the exam has been conducted and graded. The individuals needn't be allowed to copy or reproduce the information. Colorado Revised Statutes §24-72-204(2)(a)(II)
	Public employees Personnel files should be available to public employees. Colorado Revised Statutes §24-72-204(3)(a)(II)(A)
Inaccessible Records	For public employees, "personnel files” does not include: Applications of past or current employees, Employment agreements, Any amount paid or benefit provided incident to termination of employment, Performance ratings, Final sabbatical reports, or Any compensation, including expense allowances and benefits, paid to employees by the state, its agencies, institutions or political subdivisions. Colorado Revised Statutes §24-72-202(4.5)