Federal & State Regulations | Recordkeeping - District of Columbia

Summary of differences between federal and state regulations

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.

District

Records to be kept on file
Wage and Hour/Payroll	Payroll For each employee, employers must keep payroll records containing the following information for at least three years or whatever the prevailing federal standard is, whichever is greater: Full name (including middle initial); Address (including ZIP Code); Social Security number; Date of birth; Occupation; Regular hourly rate of pay; Total number of hours worked each work day and each workweek, except for employees who are exempt from the state minimum wage and overtime requirements; Time of day and day of week on which the employee's workweek begins; Basis on which wages are paid; A daily record of the hours of beginning and stopping work and the hours of beginning and ending the meal recess if the employee works a split shift; Total daily or weekly straight-time earnings and excess overtime earnings for the workweek, or total earnings for non-overtime hours worked during the workweek and total earnings for overtime hours worked during the workweek; Total gross and net wages paid each pay period and deductions from and/or additions to wages; and Date of payment and the pay period covered by the payment. There are additional recordkeeping requirements for tipped employees and employees paid by commission. DC Municipal Regulations Rule 7-911, DC Code §32-1008
	Unemployment Employers must maintain certain records to comply with unemployment tax requirements. Retained payroll sheets, cards, or other forms maintained by an employer in the usual course of business shall constitute sufficient work records, provided that the records contain the following information: The name and Social Security number of each employee; The beginning and ending dates of each payroll period, and the date of payment; Wages paid for each pay period, including the cash value of other remuneration, gratuities, and tips, and expenses incurred by each employee for which a deduction from wages is claimed; and The dates of employment and the date and reason for separation. These records should be retained for up to seven years. DC Code §51-117, DC Municipal Regulations Rule 7-319
Accessible Records	Public employes Employees of public employers, or their representative, may inspect their personnel records in the presence of a representative from the agency holding the records. Employees have the right to present information immediately relevant to any information contained in their official personnel records. They also have the right to seek to have irrelevant, immaterial, or untimely information removed from their records. Information other than a record of official personnel action is considered untimely if it concerns an event more than three years in the past upon which an action adverse to an employee may be based. Immaterial, irrelevant, or untimely information shall be removed from an employee's official record upon the finding by the agency head that the information is of such a nature. Prior to the removal of any information in the file, the employer shall notify the employee and give him or her an opportunity to be heard. DC Code §1-631.05
	Toxic material exposure Employees or other authorized representatives have the right to observe the monitoring or measuring of potentially toxic materials or harmful physical agents and to access the records of such actions. Employees, former employees, or the authorized representative thereof have the right to access to the records on the exposure of the employees or former employees to toxic materials or harmful physical agents and to periodic summaries and other records required to be kept in the workplace, except medical records of other employees and former employees. DC Code §32-1113
Inaccessible Records	Public employees shall not be provided access to the following information in an official personnel record: Confidential information, Medical information that could risk the health of the employee, Criminal investigative reports, Suitability inquiries and confidential questionnaires, and Test and examination materials which may continue to be used for selection and promotion purposes. However, the description of the test and general results thereof shall be disclosed. DC Code §1-631.05

Employers must give each newly hired employee a written notice in both English and the employee’s primary language (if the Mayor has created a translation in that language), containing the following information:

The name of the employer and any “doing business as” names used by the employer;
The physical address of the employer’s main office or principal place of business, and a mailing address, if different;
The telephone number of the employer;
The employee’s rate of pay and the basis of that rate, including by the hours, shift, day, week, salary, piece, commission, any allowances claimed as part of the minimum wage including tip, meal, or lodging allowances, or overtime rate of pay, exemptions from overtime pay, living wage, exemptions from the living wage, and the applicable prevailing wages;
The employee’s regular payday designated by the employer; and
Any such other information the Mayor considers material and necessary.

When the notice is updated, all employees are to receive an updated copy.

As proof of compliance, employers must retain copies of the written notice given to employees that are signed and dated by the employer and by the employee acknowledging receipt of the notice.