...
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 showing the date and amount paid to each employee. Additionally, every employer must keep a daily record of the time worked by each employee, unless the employee is paid a salary that is fixed without regard for the number of hours worked. These records needn't be kept if the employee is an employee of a cooperative corporation or association and is a stockholder of the corporation or association. 26 M.R.S. §622, §623 |
| Wage/hour Every employer subject to the state's minimum wage law must keep a record of the hours worked by each employee and of the wages paid for a period of at least three years. 26 M.R.S. §665 | |
| Public contractors' records Contractors and subcontractors in charge of the construction of a public work project must keep accurate records showing the names and occupations of all laborers, workers, and mechanics employed by them and all independent contractors working under contract with them in connection with the construction on the public works. The record must also show for all laborers, workers, mechanics, and independent contractors the:
These records must be preserved for three years after the termination of the contract. 26 M.R.S. §1311 | |
| Unemployment For unemployment purposes, employers must keep certain records for at least four years after the calendar year for which the contributions to which they relate become due, or the date upon which the contributions were paid, whichever is the later. The records must include the following information for each pay period:
Additionally, employers must keep records for each worker showing:
Employers must also keep records of special payments of any kind, including but not limited to annual bonuses, gifts, prizes, and other awards. These records should show separately:
26 M.R.S. §1082, CMR 12-172-2 | |
| Accessible Records | Public and private employers Within 10 days of receiving a written request from an employee or former employee, employers must provide the employee, former employee, or an authorized representative with an opportunity to review and copy the employee's personnel file if the employer has a personnel file for that employee. The reviews and copying must take place where the personnel files are kept and during normal office hours unless, at the employer's discretion, a more convenient time and location for the employee are arranged. The employer must provide, at not cost to the employee, one copy of the employee's personnel file in each calendar year. Additionally, the employer must provide, in each calendar year, one copy of all the material added to the file after the copy of the entire file was provided. The employee, former employee, or representative must pay for additional copies. For the purpose of this section, a personnel file includes, but is not limited to:
26 M.S.R. §631 |
| School district employees Employees and former employees of a school administrative unit and their representatives are entitled to review the following documents and reports:
The review of these documents or a personnel file shall take place where the file is kept during normal school hours. For purposes of this section, a "personnel file" includes, but is not limited to:
20A M.S.R. §6102 | |
| Maine State Civil Service System employees Maine State Civil Service System employees, former employees, and their authorized representatives are entitled to review their personnel files. These reviews shall take place in the Bureau of Human Resources and during its normal office hours. Time spent by an employee in reviewing his personnel file shall not be considered as time worked. For the purposes of this section, a “personnel file” shall include, but not be limited to, any formal or informal employee evaluations and reports relating to the employee's character, credit, work habits, compensation, and benefits. 5 M.S.R. §7071 | |
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)