Federal & State Regulations | Recordkeeping - Idaho | J. J. Keller® Compliance Network

State Info

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 Maintain employment records for a minimum of three years from the last date of the employee's service. These records do not have to be kept in any particular form and time clocks need not be used. The records should include with respect to each employee: Personal information, including employee’s name, home address, occupation, sex and date of birth (if under 19 years of age); Hour and day when workweek begins; Total hours worked each workday and each workweek; Total daily or weekly straight time earnings; Regular hourly pay rate; Total overtime pay for each workweek; Deductions from wages; Total wages paid each pay period; and Date of payment of wages and pay period covered. ID Code §45-610 Idaho Department of Labor: Guide to Idaho Labor Laws
	Every employer must keep a record of the number and job classification of its employees and the wages paid to them. ID Code §72-603
	Unemployment To comply with employment security law, employers must maintain records containing the following information with respect to each employee: Full name and home address of worker; Social Security account number; The place of work within Idaho; Date on which employee was hired, rehired, or returned to work after temporary or partial layoff; Date employment was terminated; whether the termination occurred by voluntary action of the individual and the reason given, or by discharge or death, and the reason for discharge; and Wages paid for employment in each pay period and total wages for all pay periods ending in each quarter of the year, showing separately money wages, the cash value of other remuneration, and the amount of all bonuses or special commissions. Employers must also keep records of any special remuneration paid for services performed in more than one quarter of the year, such as annual commissions or bonuses, gifts, and prizes, showing separately (1) money payments; and (2) the cash value of other remuneration and the nature thereof. Additionally, employers must keep records of the amounts paid to employees as allowances or reimbursement for travel and employee business expenses, and the amounts of such expenditures actually incurred and accounted for by employees. These records must be kept for a period of five years after the calendar year in which the remuneration was due. ID Code §72-1337, ID Admin. Code §09.01.35.081
Accessible Records	Public and private employees Every employer must give notice to employees at the time of hiring of the rate of pay and the usual day of payment, and shall provide such information in writing to the employee upon the employee’s request. Every employer must give notice to employees of any reduction in wages prior to the work being performed and shall provide such information in writing to the employee upon the employee’s request. ID Code §45-610
	School district employees School district employees or their designated representatives must be given access to their personnel files upon request. They should be provided copies of all materials contained in their files, except recommendation letters, in a timely manner upon request. School district employees must be given notice of all materials placed in their personnel files and must have the opportunity to attach a rebuttal to any such materials. ID Code §33-518
	Public officials A public official or authorized representative may inspect and copy his or her personnel records, except for material used to screen and test for employment. Additionally, an employee of the Idaho Housing and Finance Association or an authorized representative may inspect and copy that employee's personnel records, except for material used to screen and test for employment or material not subject to disclosure elsewhere in the Idaho Public Records Act. ID Code §74-106