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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 | Payroll Every employer shall maintain and preserve payroll or other records containing the following information with respect to each employee subject to the state minimum wage act:
Retroactive payments Every employer who makes retroactive payment of wages or compensation shall prepare a report each such payment showing the amount of such payment to each employee, the period covered by such payment, and the date of payment. A copy of this report must be preserved as part of the employee's records. Fixed schedules With respect to employees working on fixed schedules, an employer may maintain records showing instead of the hours worked each day and each week, the schedule of daily and weekly hours the employee normally works and:
Kentucky Stat. §337.320, 803 KAR 1:066 |
Public contractors' records Contractors and subcontractors performing work on public projects must keep full and accurate payroll records covering all disbursements of wages to their employees to whom they are required to pay not less than the prevailing rate of wages. The records must indicate:
These payroll records must be kept in Kentucky for one year following the completion of the project. Kentucky Stat. §337.530 | |
Unemployment For unemployment insurance, each employing unit must keep records with respect to covered employment performed in its service for at least six years. The records must show for each pay period:
Additionally, the records must show for each worker:
Employers must also keep additional records for each worker in its employ for at least two years. The records must be maintained on a calendar week basis, except that, if the employing unit is operating on a seven-day pay period basis, the required individual records may be maintained on the basis of the employing unit's seven-day period. The records must show for each seven-day period:
Kentucky Stat. §341.190, 787 KAR 1:180 | |
Accessible Records | State employees Upon written request, state employees may examine their personnel files. An employee may comment in writing on any item in his or her file. Such comments shall be made a part of his file and shall be attached to the specific record or document to which they pertain. Upon written request, a state employee, an applicant for state employment, and an eligible on a register shall have the right to inspect and to copy any record and preliminary documentation and other supporting documentation that relates to him. Personnel files shall include, but not be limited to, for each employee:
Whenever an employee is reprimanded for misconduct, other infraction, or failure to perform his duties in a proper or adequate manner, the supervisor taking such action shall document such action in detail, and shall provide the employee with a copy of such documentation. The supervising employee shall inform the employee that he has the right to prepare a written response to the action taken after he has reviewed the written documentation prepared by the supervising employee. Such response shall be attached to the documentation prepared by the supervising employee. The supervising employee shall place a copy of the documentation and response provided for herein in the employee's personnel file. The supervising employee shall notify the employee that copies of the documentation and the response provided for herein have been placed in his personnel file. Kentucky Stat. §18A.020 |
Public employees A public agency employee, including university employees, applicants for public agency employment, and eligibles on a register, is entitled to inspect and to copy any record, including preliminary and other supporting documentation, that relates to him or her. The records shall include, but not be limited to:
Kentucky Stat. §61.878(3) | |
Unemployment For unemployment insurance purposes, employers must, upon request, furnish to a worker a certification of:
This information shall be available by the employing unit not later than seven days after the last day of the seven-day period to which the records apply. Any employing unit failing to grant the certification within the specified time shall not subsequently contest the amount of benefits paid for the week of unemployment. 787 KAR 1:180 | |
Inaccessible Records | A public agency employee, including university employees, applicants for public agency employment, or eligibles, shall not have the right to inspect or to copy:
Kentucky Stat. §61.878(3) |
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)