Federal & State Regulations | Recordkeeping - Rhode Island

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 Employers subject to the state's minimum wage law must keep records containing the following information with respect to each employee: Name, Address, Occupation, Rate of pay and amount paid each pay period, and Hours worked each day and each work week. These records must be retained for three years. RI Gen. Laws §28-12-12
	Every employer must keep records of the hours worked and wages paid each pay period to each employee for at least three years. RI Gen. Laws §28-14-12
	Unemployment All employers must maintain payroll records for at least four years from the date when employment security, temporary disability insurance, and job development fund taxes are due or paid, whichever is later. These records must contain the following information about each employee: Name, address, and Social Security number; Rate of pay and effective date; Number of hours worked each day; Weekly hours worked and weekly wages paid; Last day of employment and reason for termination; and For each payroll period: Gross amount of cash wages for the specified period, including vacation pay, holiday pay, and bonuses (do not include sick leave pay that is paid under a plan or system); Cash value of any wages paid in any medium other than cash; Commissions, bonuses, tips, and dismissal wages; and Payments for traveling and other business expenses in excess of actual expenses incurred. The cash value of gifts (turkeys, candy, flowers, etc.) given to workers by employers on holidays, weddings, or other occasions, is not to be reported as wages. Employee contributions to retirement plans (such as 401K plans), medical insurance or disability insurance plans, and Section 125 cafeteria plans should not be included as either total or taxable wages subject to Employment Security, Temporary Disability Insurance, and Job Development Fund taxes. Tipped employees For each week workers receive tips in excess of the minimum wage they should fill out and sign a Statement of Earnings from Tips or Gratuities (Form DLT-TX-5). The employer should also sign the form and attach it to the payroll records. Meals and lodging are recorded on the same form. RI Gen. Laws §28-42-38, Rhode Island Department of Labor and Training Employer Handbook: Required Employer Payroll Records
	Public contractors' records Contractors awarded a public works contract with a price in excess of $1,000 and subcontractors who perform work on those projects must maintain records showing: The name, occupation, and actual wages paid to each worker; and The payments to all the employee funds. RI Gen. Laws §37-13-12
Accessible Records	Public and private employees Employees of both public and private employers may view certain personnel records up to three time per calendar year. The type of information available for employees to review include personnel files which are used or have been used to determine that employee's qualifications for employment, promotion, additional compensation, termination, or disciplinary action. Employers must allow workers to inspect their personnel records within seven days (not counting Saturdays, Sundays, and holidays) of receiving the employee’s written request. Inspection of personnel records should occur at any “reasonable time,” other than the employee's work hours, and be made in the presence of an employer or employer's designee. Employees may not make copies of their personnel files, nor may they remove files from the immediate place of inspection. Employers may charge employees a fee reasonably related to supplying for inspection copies of the requested documents. RI Gen. Laws §28-6.4-1
	Toxic substance exposure Employees and their representatives must be provided the opportunity to observe monitoring and measuring of employee exposure to toxic materials or harmful physical agents. They must also be given access to records of such monitoring or measuring. Employees and former employees must be given access to any records that indicate their personal exposure to toxic materials or harmful physical agents. RI Gen. Laws §28-20-11
	MSDSs Employers must provide affected employees and their representatives access to inspect and copy chemical identification lists and material safety data sheets (MSDSs) upon request. Access must be provided within three working days of the request, not including weekends or holidays. RI Gen. Laws §28-21-6
Inaccessible Records	Employers needn't provide employees with access to: Records relating to the investigation of a possible criminal offense; Records prepared for use in any civil, criminal, or grievance proceedings; Letters of reference; Recommendations; Managerial records kept or used only by the employer; Confidential reports from previous employers; or Managerial planning records. RI Gen. Laws §28-6.4-1(a)(4)