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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 Employers must, regardless of whether they use a professional employer organization or a third-party administrator, keep a record of the former physical addresses and current physical address of the employer and the applicable North American Industry Classification System code. | |
Wage and Hour/Payroll | Payroll Keep records of the name, address, and occupation of each employee, of the amount paid each pay period to each employee, and of the hours worked each day and each workweek by each employee. HI Stat §387-6 |
Maintain records in English containing the following information on each employee:
The employer must keep these records for at least six years. HI Stat §388-7(6), HI Admin. Rules §12-20-8 | |
Tipped employees For tipped employees, in addition to the above recordkeeping requirements, maintain records containing the following information with respect to each employee:
HI Admin. Rules §12-20-12 | |
Any personnel or employment record must be preserved for one year from the date of the making of the record or the personnel action involved, whichever occurs later. The records shall include but not be limited to forms, applications, and records having to do with:
In the case of involuntary termination of an employee, the personnel records of the individual terminated shall be kept for one year from the date of termination. Where a complaint has been filed or civil action has been brought, the employer must keep all records relevant to the complaint or action until final disposition. HI Admin. Rules §12-46-21 | |
Unemployment For unemployment insurance purposes, employers must keep records containing the following information with respect to each worker:
Additionally, employers must keep records of the beginning and ending dates of each pay period and the total amount of remuneration paid in any quarter with respect to employment, showing separately the portion of such remuneration on which contributions are payable. These records must be preserved for at least five years after the calendar year in which the remuneration to which they relate was earned. HI Stat §383-94, HI Admin. Rules §12-5-13 | |
Accessible Records | Toxic substance exposure If employees have been or are being exposed to toxic materials and harmful physical agents in concentrations or at levels in excess of those prescribed in the applicable safety and health standards, employers should allow employees access to the records of the monitoring or measuring of the materials or agents, after notice of exposure, and explanation of said monitoring or measuring procedures where necessary. Employers must also provide employees information about the corrective action being taken. HI Stat. §396-7(d) |
Public employees Public employees may view their personal records, including employment information, under Hawaii's public records law. Employees should be allowed to have a copy of the record made within ten working days following receipt of the request. The 10-day period may be extended for an additional 20 working days if the agency provides a written explanation of unusual circumstances causing the delay. Additionally, public employees have the right to have any factual error in their personal records corrected. Within 20 business days after receipt of a written request to correct a record and evidence that the record contains an error, the agency must acknowledge receipt of the request and either make the correction or inform the individual in writing of its refusal to make the correction and why. HI Stat. §§ 92F-21, 92F-23, 92F-24 | |
Inaccessible Records | Public employers are not required to provide employee access to records:
HI Stat. §92F-22 |
Contact
Hawaii Department of Labor and Industrial Relations
Regulations
HI Stat. §396-7(d)
HI Stat. §§ 92F-21, 92F-23, 92F-24
HI Stat. §92F-22
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)