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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 | Wage/hour Every employer, except employers of domestic labor in private homes and employers of livestock and agricultural labor, shall keep a record of hours worked and wages paid to each employee. Such records must be kept on file for at least one year after the entry of the record. NM Stat. §§ 50-4-1, 50-4-9 |
Employers, except employers of domestic labor in private homes and employers of livestock and agricultural labor, must keep time records showing the number of hours each employee worked each day. NM Stat. §§ 50-4-1, 50-4-16 | |
Public contractors' records A prime contractor on a public works project must keep all certified payroll records for a period of time not less than four years after the completion of the contract. These records must show:
NM Admin. Code §11.1.2.10(C) | |
Unemployment For unemployment, employers must preserve employment and payroll records for a period of four years. The records must include:
NM Stat. §51-1-27 Employer Responsibilities Under the Unemployment Compensation Law Of New Mexico: Employment and Payroll Records | |
Accessible Records | Toxic material exposure Employees and their representatives shall be given an opportunity to observe monitoring and measuring of employee exposures to potentially toxic material or harmful physical agents. Employees and former employees shall be granted access to their own records as will indicate their own exposure to toxic material or harmful agents. NM Stat. §50-9-11 |
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)