Federal & State Regulations | Recordkeeping - Wyoming | J. J. Keller® Compliance Network

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	Payroll Keep records of the following information pertaining to each employee: Name; Address; Occupation; Rate of pay; Amount paid each pay period; and Hours worked each day and each work week. Keep these records for at least two years. WY Stat. §27-4-203
	Public contractors' records Contractors and subcontractors, or the state official in charge of a public work contract project, must keep records showing the names and occupations of all workmen employed in connection with the project. The records must also show the actual wages paid to each of the workmen. WY Stat. §27-4-410
	Unemployment Employers must retain certain records for unemployment compensation purposes for at least four years. These records should contain the following information with respect to each worker: Name; Social Security number; Place in which the worker’s services are performed, or if there is no one such place, then the worker’s base of operations; Date on which the worker was hired, rehired, or returned to work after a temporary layoff, and the date separated from work; The worker’s remuneration payable for employment, and period for which payable; Amounts payable to the worker as allowances or reimbursement for traveling or other business expenses, and period for which payable; Severance payments; and Retirement payments. Additionally, employers must also keep the following information in general: Beginning and ending dates of each pay period; Total amount of remuneration payable in any pay period for employment; Each calendar week in which there were one or more workers in employment; Daily time records for all employees showing hours worked per day; and Applicable hour, weekly, or monthly pay rates. WY Stat. §27-3-502; Rules of the Wyoming Unemployment Compensation Program: Chapter 11, Section 1
Accessible Records	Physical examination records Employees required to submit to physical examinations before or any time during employment, deemed necessary due to exposure or contact with hazards or environmental conditions which may be detrimental to health, should receive the results of the examination upon their request. Additionally, the results should be provided to the employee's physician upon the employee's request. WY Stat §27-11-113
	Public employees Under Wyoming's Public Records Act, public employees may view and copy their applications, performance ratings, and scholastic achievement data. Employment contracts, working agreements or other documents setting forth the terms and conditions of employment of public officials and employees are open to public inspection. The employee must pay the reasonable costs of producing a copy of the record. WY Stat §16-4-203
Inaccessible Records	Public employees must be allowed to inspect written promotional examinations they've taken and the scores or results thereof, but they are not allowed to copy or otherwise reproduce the materials. The access to the examinations and scores/results should be given only after the examination has been conducted and graded. WY Stat §16-4-203(d)(iii) Additionally, public records will be inaccessible if they contain information about the following: Law enforcement or prosecution investigations or intelligence; Interagency or intra-agency memoranda or letters which would not be available by law to a private party in litigation with the agency; Letters of reference; Trade secrets; Specific details of bona fide research projects being conducted by a state institution; Medical, psychological, and sociological data on individual persons, exclusive of coroners' autopsy reports; Hospital records; School district records (except employee’s own records) Records or information compiled solely for purposes of investigating violations of, and enforcing, internal personnel rules or personnel policies the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; and Certain security systems. WY Stat §16-4-203