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06/11/2024
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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 | Retain for at leastthree years accurate records for each employee of the name, address, occupation, amount paid each pay period, and hours worked each day and each week. An employee must be allowed to inspect these items at times and places within reason. MA Laws ch. 151 §15 According to the MA DIR, worker's compensation records are to be retained for at least the duration of an employee's employment. |
Accessible Records | Public and private employees Employees of both public and private employers may view personnel records upon written request within five business days. The review will occur at the location of work and during normal work hours. Personnel records must include:
A personnel record must not include information of a personal nature about a person other than the employee disclosure of the information would constitute a clearly unwarranted invasion of such other person's privacy. A personnel record must be maintained in typewritten or printed form or may be handwritten in indelible ink. Employers of 20 or more employees must retain the personnel records for all employees for three years after termination or until resolution of a cause of action has been reached (whichever comes first). MA Laws ch. 149 §52C An employee who requests his or her records of hours worked, rate of pay, deductions, or similar information shall be provided with a copy within 10 business days, and shall be allowed to inspect the original record at a reasonable time and place. 454 CMR 27.07 |
Employers must notify an employee within 10 days of the employer placing in the employee’s personnel record any information to the extent that the information is, has been used, or may be used, to negatively affect the employee’s qualification for employment, promotion, transfer, additional compensation, or the possibility that the employee will be subject to disciplinary action.
State
Contact
Massachusetts Department of Labor and Workforce Development
Regulations
Massachusetts State Regulation §149.52C
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter149/Section52c
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)
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