Federal & State Regulations | Recordkeeping - South Dakota

State Info

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	Unemployment To comply with unemployment compensation law, employers must keep a payroll record for four years. This record must contain the following information: Each employee's name and Social Security number; The point at which services were performed by the employee; The number of hours employed in each week and the wages paid for the week; The date each employee was hired, rehired, or returned to work after a temporary layoff; Time lost, if any, by each employee due to unavailability for work; The date each employee was separated from employment and the reason for the separation; The hours worked and the wages received for services in exempt employment such as agricultural labor; and The total wages paid to each employee during each calendar quarter, showing the following: Money wages; The cash value of other remuneration, including gratuities and tips; Deductions from wages for expenses incurred by each employee. SD Code §61-3-2, SD Rules 47:06:02:01
Accessible Records	State employees State employees may inspect their records during normal business hours. These files include any records required or maintained by the South Dakota Bureau of Personnel, including performance appraisals. SD Code §3-6A-31 [Repealed]
Inaccessible Records	Public employees' personnel information, other than salaries and routine directory information, is notopen to inspection and copying. SD Code §1-27-1.5(7)