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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 | Unemployment To comply with unemployment law, employers must keep payroll records for four years. These records should include:
Additionally, the employer must keep the following information for each employee:
TX Labor Code §301.081, Texas Workforce Commission Rule 815.106 |
Public contractors' records Contractors and subcontractors on public works projects must keep a record showing:
TX Govt. Code §2258.024 | |
Accessible Records | Firefighters, police officers, and sheriff's department employees Firefighters and police officers, as well as employees of sheriff's departments located in a county with a population of at least 3.3 million, are entitled, on request, to copy any portion of their personnel files. The employer may charge a reasonable fee for providing the copy, but the fee may not exceed the actual cost for any copies. The personnel file must contain any documents relating to:
If a document of negative impact is included in the employee's personnel file, the employee must be notified within 30 days. The employee may, on or before the 15th day after receiving such notification, file a written response to the negative document. For sheriff's department employees, this response must be placed in the employee's personnel file with the negative record. TX Local Govt. Code §§ 143.089, 157.904 |
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)