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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 Employers must preserve payroll records for three calendar years. These records must show for each employee, with the exception of certain individuals employed in agriculture:
The records must also show any employment agreements entered into between an employer and employee. IA Code §91A.6 |
Wage/hour Employers must maintain certain records containing the following information with respect to each employee subject to the state's minimum wage law:
Retroactive wage payments/compensation Employers who make retroactive payments of wages or compensation must record the following as an entry on the pay records:
The employer must also prepare a report of each payment on an authorized receipt form. A copy of this form must be kept as part of the records. Fixed work schedules For employees on fixed work schedules, employers may maintain records showing instead of the hours worked each day and each workweek, the schedule of daily and weekly hours the employee normally works. Also, in weeks in which an employee adheres to this schedule, indicate by check mark, statement, or other method that the hours were actually worked. In weeks in which more or less than the scheduled hours were worked, show the exact number of hours worked each day and each week. Time requirement These records must be kept for at least three years 875 IA Admin. Code §§ 216.2, 216.5 | |
Employers must also maintain certain records for bona fide executive, administrative, and professional employees (including academic administrative personnel and teachers in elementary or secondary schools), and outside sales employees. The records must contain the following information:
These records must be kept for at least three years. 875 IA Admin. Code §§ 216.3, 216.5 | |
Employers must preserve the following records for at least three years:
875 IA Admin. Code §216.5 | |
Employers must also maintain the following supplementary records for at least two years:
875 IA Admin. Code §216.6 | |
Unemployment For unemployment compensation purposes, employers must keep certain records for five years after the calendar year in which the remuneration to which they relate was paid or, if not paid, was due. The records must include the following information with respect to each employee:
Employers whose principal place of business is located outside of Iowa must maintain payroll records in Iowa with respect to wages paid to employees who perform work in this Iowa. An out-of-state employer may maintain payroll records outside of Iowa with approval from Iowa Workforce Development. IA Code §96.11(6), 871 IA Admin. Code §22.1 | |
Accessible Records | Public and private employees Employees, excepting certain persons engaged in agriculture, may access and copy their personnel records. Personnel file information includes, but is not limited to:
The employer and employee must agree on the time the employee may have access to the file, and a representative of the employer may be present at the time of access. The employer may charge the employee a reasonable fee for each page of a copy of the personnel file. The fee must be equivalent to an amount charged per page for copies made by a commercial copying business. IA Code §91B.1 |
Toxic substance exposure Employees and their authorized employee representatives are entitled to the opportunity to observe monitoring or measuring of employee exposure to potentially toxic materials or harmful physical agents. The employees and representatives are also entitled to access the records of such measuring and monitoring. Employees and former employees are entitled to access to records that will indicate their personal exposure to toxic materials or harmful physical agents. IA Code §88.6(3)(c) | |
Employment agreements and benefits policies Upon written request, an employer must make available to employees a written statement specifying employment agreements and policies regarding:
The employer must provide notice of the availability of the statement either in writing and to each employee, or by a posted notice. Additionally, within 10 working days of an employee's request, an employer must furnish to the employee a written, itemized statement (or access to such a statement) listing the earnings and deductions made from the wages for each pay period in which the deductions were made together and an explanation of how the wages and deductions were computed. IA Code §91A.6 | |
Inaccessible Records | Employers are not required to provide employees access to employment references written for the employee. IA Code §91B.1 |
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)