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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 | Wage/hour Employers subject to Nebraska's Equal Pay Act (private employers with four or more employees) must maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of each employee. Employers shall preserve such records for such periods of time, and shall make such reports therefrom as the commission shall prescribe. NE Stat. §48-1225 |
Unemployment Each employer, whether or not subject to the Employment Security Law, shall keep certain work records for four complete calendar years. The records must show, for each worker:
Employers must also keep the following general records:
NE Stat. §48-612; NE Admin. Code Title 221, Chapter 1, Section 002 | |
Accessible Records | County employees Employees of counties with a population of more than 300,000 are entitled to inspect their personnel records. “Employees” does not include part-time employees, employees subject to the state personnel service, court-appointed employees, employees of the county attorney's office, employees of the public defender's office, dentists, physicians, practicing attorneys, deputy sheriffs, officers appointed by the governor, or elected officers or the chief deputy of each office or the deputy of each office if there is not more than one deputy in the office. NE Stat. §§ 23-2502,23-2507(4) |
School district employees Any teacher, administrator, or full-time employee of any public school district shall, upon his or her request, have access to his or her personnel file. Employees also have the right to attach a written response to any item in such file. The employee may in writing authorize any other person to have access to such file. NE Stat. §79-8,109 | |
Job application materials Job application materials submitted by applicants for employment by any public body who become finalists are considered open records. Job application materials means employment applications, resumes, reference letters, and school transcripts. Finalist means any applicant who reaches the final pool of applicants, numbering four or more, from which the successful applicant is to be selected; who is an original applicant when the final pool of applicants numbers less than four; or who is an original applicant and there are four or fewer original applicants. NE Stat. §84-712.05(15) | |
State employees Certain personnel information is open to public inspection during regular office hours. This includes information concerning an employee's or former employee's:
Requests to view this information may be made in writing. Non-public information may be released to the employee in question. Employees have the right to review their personnel files during regular office hours. Review may be done in the presence of a supervisor or personnel office staff. Employees and former employees must be notified if documentation (including performance reports) which reflects unfavorably on them is to be placed in their personnel files. Employees and former employees have the right to file a written rebuttal within 30 calendar days from notification. The rebuttal shall be placed in the personnel file. Performance evaluations must be discussed with employees. Employees may attach written comments regarding the evaluation. Such comments must be submitted within 30 calendar days of the date of the report. Additionally, each employee shall receive a copy of his/her performance evaluation. NE Admin. Code §§273-11-003, 273-11-004, 273-12-001, 273-12-003, 273-12-004 | |
Inaccessible Records | School district employees School district employees do not have the right to access letters of recommendation solicited by the employer which appear in the personnel file. They also do not have the right to attach a written response to such letters. NE Stat. §79-8,109 |
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)