Federal & State Regulations | Recordkeeping - Nevada | J. J. Keller® Compliance Network

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	Wage/hour Every employer shall establish and maintain records of wages for the benefit of his or her employees, showing for each pay period the following information for each employee: Gross wage or salary other than compensation in the form of services, food, housing, or clothing; Deductions; Net cash wage or salary; Total hours employed in the pay period by noting the number of hours per day; and Date of payment. Records of wages must be maintained for a two-year period following the entry of information in the record. NV Stat. §608.115
	Public contractors' records A contractor engaged on a public work and each subcontractor engaged on the public work shall keep an accurate record showing the following information with respect to each worker employed in connection with the public work: Name, Occupation and the actual per diem, and Wages and benefits paid. This record must be open at all reasonable hours to the inspection of the public body awarding the contract. The contractor engaged on the public work or subcontractor engaged on the public work shall ensure that a copy of the record for each calendar month is received by the public body awarding the contract no later than 15 days after the end of the month. NV Stat. §338.070
	Unemployment Each employing unit must maintain, for at least four years from the date of entry, records with respect to each person who performs services for the employing unit. The records must show for each payroll period the period's beginning and ending dates and total wages payable and the date on which the wages are paid. Additionally, the records must show for each person: Name; Social Security number; Rate of pay; Date of hire, rehire, or return to work after temporary layoff; Date and reason for separation from employment; The state in which services are performed; and The dates worked and the total amount of wages earned in each payroll period and the date on which the wages are paid with separate entries for: Money wages; Cash value of other remuneration, including meals and lodging, indicating the number of meals and number of days of lodging furnished the person; and Special payments by cash or other remuneration for services performed identified as bonuses, prizes, or similar awards, indicating the nature of the payments. These records must be kept for at least four years after the date the contributions to which they relate become due or the date the contributions are paid, whichever is later. NV Stat. §612.260, NAC 612.020
Accessible Records	Public and private employees Any employer or labor organization referring a person to an employer for employment shall, upon the request of that employee or person referred, allow the individual reasonable opportunity, during the usual hours of business, to inspect any records kept by that employer or labor organization containing information used: By the employer or labor organization to determine the qualifications of that employee and any disciplinary action taken against the employee, including termination from that employment; or By the labor organization with respect to that person’s position on its list concerning past, present and future referrals for employment. Former employees Upon termination of employment, an employer shall allow an employee to inspect the employee’s records of employment within 60 days after his or her termination of employment and shall, if requested by that former employee within that period, furnish the former employee with a copy of those records. Copies The employer or labor organization must furnish the employee or person referred with a copy of those records. Charges for copies may only be up to the amount equal to the actual cost of providing access to and copies of the records. No copies may be furnished to an employee or former employee unless the employee or former employee has been or was employed for more than 60 days. Employee's response to items in a file Individuals are entitled to submit a reasonable written explanation in direct response to any written entry in the records of employment regarding the employee or person. Any such written explanation must be reasonable in length, in a format prescribed by the employer, and maintained by the employer or labor organization in the records of employment. If the employee or person contends that any information contained in the records is inaccurate or incomplete, the individual should notify his or her employer or the labor organization in writing of that contention. If the employer or labor organization finds that the contention of that employee or person is correct, it shall change the information accordingly. NV Stat. §613.075
	Wage/hour Employers' records of wages must be furnished to each employee within 10 days after the employee submits a request. These records must show for each pay period the following information for each employee: Gross wage or salary other than compensation in the form of services, food, housing, or clothing; Deductions; Net cash wage or salary; Total hours employed in the pay period by noting the number of hours per day; and Date of payment. NV Stat. §608.115
	Toxic material exposure Employees, former employees, and their representatives are entitled to access to any records in the possession of their employers or former employers which indicate their exposure to toxic materials or harmful physical agents. Employers and former employers shall, upon request, provide copies of the records within 72 hours after receipt of the request. If a copy of a record is provided pursuant to this section, the first six pages reproduced pursuant to the request must be provided without charge. The charge for each additional page copied must not exceed the cost of reproduction. NV Stat. §618.370
	Peace officers A law enforcement agency shall not place any unfavorable comment or document in any administrative file of a peace officer maintained by the law enforcement agency unless: The peace officer has read and initialed the comment or document; or If the peace officer refuses to initial the comment or document, a notation to that effect is noted on or attached to the comment or document. If the peace officer submits to the law enforcement agency a written response within 30 days after the peace officer is asked to initial the comment or document, the peace officer’s response must be attached to and accompany the comment or document. Additionally, a peace officer must be given a copy of any comment or document that is placed in an administrative file of the peace officer maintained by the law enforcement agency. Upon request, a peace officer may review any administrative file of that peace officer maintained by the law enforcement agency that does not relate to a current investigation. NV Stat. §289.040
Inaccessible Records	The records to be made available to public and private employees do not include: Confidential reports from previous employers or investigative agencies, nor Other confidential investigative files concerning the employee or person referred or information concerning the investigation, arrest, or conviction of that person for a violation of any law. NV Stat. §613.075