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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 | 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:
Additionally, the records must show with respect to each worker:
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:
1 VT Stat. §317(c)(7) | |
Inaccessible Records | Records not open to public agency employees include, among others:
1 VT Stat. §317(c) |
State
Contact
Vermont Department of Labor & Industry
Regulations
21 VT Stat. §228(2)
1 VT Stat. §317(c)(7)
1 VT Stat. §317(c)
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)