Federal & State Regulations | Recordkeeping - Vermont | 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 Employers must keep a record of the hours worked by each employee and of the wages paid to him or her for two years. 21 VT Stat. §393 A Summary of Vermont Wage and Hour Laws: Record Keeping
	Tipped employees For employers with at least two employees, service employees must submit a signed report to the employer on a weekly basis indicating the total amount of tips received and retained by the employee during the previous seven-day period. The employer is required to preserve these reports for three years. Vermont Minimum Wage Rules: Section VI
	Unemployment To comply with unemployment compensation law, employers must keep certain records for four years. These records must show, for each pay period: The date and total amount paid for subject employment, The date and total amount paid for non-subject employment, The beginning and ending dates of each pay period, The beginning and ending dates of such subject and non-subject employment, and The date during each week on which the largest number of individuals worked, and the number of individuals who worked on that day. Additionally, the records must show with respect to each worker: Address and Social Security number; Place of employment; Hourly rate of pay or salary amount and the frequency of payment; Date the worker was hired, or returned to work after a temporary layoff, and date separated from work and reason therefore; Days and hours the employee worked; Total remuneration paid in each quarter; and Worker’s remuneration paid for each pay period showing separately money payments and special remuneration. 21 VT Stat. §1314 A Guide to Vermont’s Unemployment Insurance Program: Keeping Records
Accessible Records	Toxic material exposure Employees or their designated representatives must be able to observe employer monitoring or measuring of toxic materials or harmful physical agents and must have access to the records of such monitoring or measuring. Employees and former employees must also be provided access to records indicating their own exposure to toxic or harmful materials. 21 VT Stat. §228(2)
	Public employees Only employees of public employers and their designated representatives may view their personnel records. These records should include: Any files maintained to hire, evaluate, promote, or discipline any employee of a public agency; and Information in any files relating to personal finances, medical, or psychological facts concerning any individual or corporation. 1 VT Stat. §317(c)(7)
Inaccessible Records	Records not open to public agency employees include, among others: Test questions, scoring keys, and other examination instruments or data used to administer a license, employment, or academic examination; Records relating specifically to negotiation of contracts, including but not limited to collective bargaining agreements with public employees; Those dealing with the detection and investigation of crime; Records relevant to litigation in which the public agency is involved; Those containing confidential information; Any data, records, or information developed, discovered, collected, or received by or on behalf of faculty, staff, employees, or students of the University of Vermont or the Vermont state colleges in the conduct of study, research or creative efforts on medical, scientific, technical, scholarly, or artistic matters; and Security information. 1 VT Stat. §317(c)