Federal & State Regulations | Recordkeeping - Louisiana

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 Every employer must keep a record of the following with respect to each employee: Name, Address, Occupation, Daily and weekly hours worked, and The wages paid each pay period to each employee. These records shall be kept on file for at least one year after the date of the record. LA Stat. §23:14(B)
	Unemployment For unemployment purposes, employers must retain certain records for at least five years after the calendar year in which the remuneration with respect to such services was paid. The records should show, for each worker: Name; Social Security number; Place in which employee's services are performed, or if there is no one such place, then his base of operations; Date on which employee was hired, rehired, or returned to work after temporary lay-off and date separated from work; Employee's remuneration paid for employment occurring on or after July 1, 1940, and period from which payable, showing separately: Cash remuneration, including special payments; Reasonable cash value or remuneration in any medium other than cash, including special payments; and Special payments (any payments such as bonuses, gifts, etc.) and the year in which the services for which the payments were made were rendered; Amounts paid him as allowance or reimbursement for traveling or other business expenses, and period for which payable; and If he is paid: On a salary basis, his wage rate, and period covered by such rate; On fixed hourly basis, his hourly rate and customary scheduled hours per week; On fixed daily basis, his daily rate and customary scheduled days per week; or On piece rate or other variable pay basis, method by which his wages are computed. Additionally, employers must keep the following general records: Beginning and ending dates of each pay period; and Total amount of remuneration paid in any pay period for employment occurring on or after July 1, 1940. These records must be maintained in such form that it would be possible from an inspection thereof to determine: Earnings by weeks of partial unemployment; Whether any week of partial unemployment claimed by an individual is in fact a week of less than full-time work; and Time lost due to unavailability for work by each worker who may be eligible for partial benefits. LA Stat. §23:1660; Louisiana Workforce Commission Revised Rules of The Administration of the Employment Security Law: Title 40, Part IV, Chapter 3, §313
Accessible Records	School district employees Any school employee requesting to see his personnel file shall be given access to his or her entire personnel file, including but not limited to all documents placed in the employee's file on or before September 1, 1987, except for any portion of the file maintained at his specific work site, at a single location, and within a reasonable time after making the request. Such an employee shall be given access to any portion of his personnel file maintained at his work site, including but not limited to all documents placed in the employee's file on or before September 1, 1987, at such site and at any reasonable time. LA Stat. §17:1237
	Fire department employees No person employed by a fire department may have any comment adverse to his or her interest entered in his or her personnel file, or any other file used for any personnel purposes by his or her employer, without the employee having first read and signed the document containing the comment indicating that he or she is aware of the comment. The adverse document may be included in the employee's file if, after reading it, the employee refuses to sign. Should an employee refuse to sign, that fact must be noted on the document and signed or initialed by the employee. A fire department employee has 30 days within which to file a written response to any adverse comment entered in his or her personnel file. The response must be attached to and must accompany the adverse comment. LA Stat. §33:2183
	Law enforcement officers No law enforcement officer shall have any comment adverse to his interest entered in his personnel file, or any other file used for any personnel purposes by his employer, without the law enforcement officer's having first read and signed the document containing the adverse comment indicating he/she is aware of such comment. The document may be entered in the file if, after reading it, the law enforcement officer refuses to sign. Should a law enforcement officer refuse to sign, that fact shall be noted on that document and signed or initialed by such officer. A law enforcement officer shall have 30 days within which to file a written response to any adverse comment entered in his personnel file. Such written response shall be attached to and shall accompany the adverse comment. A law enforcement officer, upon written request, shall have a record of a formal complaint made against the officer for a violation of a municipal or parish ordinance or state criminal statute involving domestic violence expunged from his or her personnel file, if the complaint was made anonymously to the police department and the charges are not substantiated within 12 months of the lodging of the complaint. LA Stat. §40:2533(C)
	Medical treatment Whenever an employee who is being treated by his choice of medical provider shall, at the request of the employer, the employer's insurer, or the representative of the employer or its insurer, submit to any type of medical examination and a medical report is received by said requester, such employee or his representative shall be entitled to a copy of the written report of the results of said examination within 30 days from the date the requester receives the report. Whenever an employee has accepted medical treatment by a health care provider referred by the employer, the employer's insurer, or the representative of the employer or its insurer, he shall be entitled to receive a copy of any medical records of the medical provider that are in the possession of the employer or its insurer within thirty days from the date of the written demand upon the employer, the employer's insurer, or the representative of the employer or its insurer. Such written report or records shall be furnished to said employee or his representative at no cost to the employee. LA Stat. §23:1125
	Toxic material exposure Current and former employees and their designated representatives are entitled to access records of employee exposure to potentially toxic materials or harmful physical agents and employee medical records and any analyses using employee exposure or medical records. LA Stat. §23.1016