Federal & State Regulations | Recordkeeping - Mississippi

State Info

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	Unemployment For unemployment, employers must keep records showing: All disbursements by items, The amount of each disbursement, To whom each disbursement is made, For what each disbursement is made, and The number of employees on that day in each week in which it employed the highest number. Additionally, for each individual worker and each pay period, the records shall show: Employee’s Social Security number; Employee’s name; Employee’s place of employment within the state; Period covered by each payment; Number of hours worked for each pay period; Employee’s wages for employment under this act, showing separately cash wages and the cash value of any other remuneration; Any special payments for services other than those rendered exclusively in a given quarter such as annual bonuses, gifts, prizes, etc., showing separately cash payments and any other remuneration and the nature of said payment; and Number of hours worked and wages payable in each week (except for workers paid on a salary or fixed stipend). These records must be kept for at least three years. Mississippi Code §§ 71-5-127, 71-5-129; Mississippi Department of Employment Security Regulation 604.00
Accessible Records	There is no state regulation concerning access to personnel records for employees of private employers.
Inaccessible Records	The following records of public employers are not open: Public employees' personnel records and applications for employment in the possession of a public body; Test questions and answers in the possession of a public body, which are to be used in employment examinations; Letters of recommendation respecting any application for employment; and Documents relating to contract authorization. Mississippi Code §25-1-100