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

Summary of differences between federal and state regulations

Federal

The 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 Employers not covered by the federal Fair Labor Standards Act must keep certain records for employees covered by Kansas minimum wage law for three years. The records must include: A record of the name and occupation of each employee, The rate of pay and the amount paid each pay period to each such employee, and The hours worked each day and each work week by each such employee. These records must be kept in or about the premises wherein any employee is employed. Any employer who is covered under the provisions of the Fair Labor Standards Act (FLSA) may keep and maintain the records required under the FLSA. Additionally, employers must also maintain records that reflect the following: The beginning dates and hours of the workweek or work period of each employee; The date of paydays and all wage payments made during each pay period including all deductions or credits made in computing the wage; Tips or gratuities received by employees which are claimed as credit; and Any policy setting out any seniority system, merit system, or system to measure earnings by quantity or quality of production or other differential basis on which differing wage payments are computed for employees assigned to perform like or similar work functions. KS Stat. §§ 44-1202, 44-1209; KS Admin. Regs. 49-31-7
	Unemployment For unemployment insurance, employers must preserve certain records for five years from the due date of the contributions or payments in lieu of contributions for the period to which they relate. The records must show, for each worker: Name; Social Security number; State or states in which services are performed and if any of such services are performed outside the state and are not incidental to the services within the state, the base of operations with respect to such services (or if there is no base of operations then the place from which such services are directed or controlled) and residence (by state); where the services are performed in Canada or the base of operations with respect to such services or the residence of the worker is in Canada, it shall be recorded as if Canada were a state; Date on which the worker was hired, rehired, or returned to work after temporary layoff and date separated from work and reason therefor; Remuneration paid for services and dates of payment showing separately: Cash remuneration, including special payments (such as bonuses, gifts, back pay awards, dismissal payments, and similar payments); and Reasonable cash value of remuneration in any medium other than cash including special payments (such as bonuses, gifts, back pay awards, dismissal payments, and similar payments); Amounts paid as allowances or reimbursement for traveling or other business expenses, dates of payment, and the amounts of each expenditure actually incurred and accounted for; and With respect to pay periods in which the worker performs services in both employment and nonsubject work: Hours spent in employment; and Hours spent in nonsubject work including agricultural employment. The employing unit must also keep general records showing: Beginning and ending dates for each pay period, and Total amount of wages paid in any quarter with respect to or for employment. The records must be kept in such form as to make it possible to determine from an inspection thereof with respect to any worker: Earnings by pay-period weeks, if paid on a weekly basis, or, if not so paid, then by calendar weeks or by such other seven-consecutive-day period; Weeks of less than full-time work; Time lost due to reasons other than lack of work; and Calendar days worked by each employee. KS Stat. §44-714(f), KS Admin. Regs. 50-2-2
	Deductions Employers who make deductions from wages for medical, surgical, or hospital care or service, without financial benefit to the employer, must record such deductions openly, clearly, and in due course in the employer's books. KS Stat. §44-319
Accessible Records	Kansas has no general law requiring employee access to personnel files.