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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 | Payroll Employers must keep certain records for at least three years. The record must include the following information with regard to each employee:
Missouri Revised Statutes §290.520 |
Public contractors' records Contractor and subcontractors engaged in any construction of public works shall keep records clearly indicating the names, occupations, and crafts of every workman employed by them in connection with the public work. They must also keep an accurate record of the number of hours worked by each workman and the actual wages paid therefor. These records may not be destroyed or removed from the state for the period of one year following the completion of the public work. Missouri Revised Statutes §290.290 | |
Unemployment For unemployment, employers must keep payroll records containing the following information with respect to each worker:
Additionally, the payroll records also must record the wages paid each worker for each pay period by showing separately:
A notation shall be made of the hours in each pay period during which any services were performed by each worker which do not constitute employment covered by the law and the nature of those services. These records must be preserved for a period of at least three complete years. This means that for audit and inspection there shall be available three complete years’ records in addition to a current incomplete year’s records. Missouri Revised Statutes §288.130, 8 CSR 10-4.020 | |
Accessible Records | State employees The personnel records of state employees kept by Missouri's Personnel Division, with some exceptions, are considered public record and are open to public inspection. The following items are not considered open record:
Missouri Revised Statutes §36.420, 1 CSR 20-1.050 |
Inaccessible Records | Under Missouri's Sunshine Law, public employees' personnel records are not considered open public records. However, the names, positions, salaries and lengths of service of officers and employees of public agencies are considered public record. Other items considered closed records (and thus not available to members of the public) include:
Missouri Revised Statutes §610.021 |
State
Contact
Missouri Department of Labor and Industrial Relations
Regulations
Missouri State Regulation §36.420
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)