Recordkeeping/Access to Personnel Files

Transcription

1 Recordkeeping/Access to Personnel Files February 2014 Various federal agencies have their own reporting and record retention requirements. See, Federal Recordkeeping Requirements. Individual state and local statutes and regulations have requirements that must also be considered. Some of the requirements apply to most all employers, while others apply primarily to government contractors and subcontractors. In addition, many of these requirements are dependent on the number of employees employed by a company. If a state does not appear on the following chart it is due to our not finding any evidence a statute exists for that state. To check whether there is pending legislative issues or recently enacted legislative changes for your state(s) please click here. To access additional SHRM State Law & Regulation Resources click here. Please note: This material is for personal use only and is protected by U.S. Copyright Law (Title 17 USC). It is provided as general information only and does not constitute and is not a substitute for legal or other professional advice. Reliance upon this material is solely at your own risk. Click the letter corresponding to the state name below. A C D F H I K L M N O P R U V W State Alabama Statute Sec. 1, H. 332 Notwithstanding any other laws, rules or regulations to the contrary, when a document pertaining to disciplinary action, including, but not limited to, written reprimands, suspensions, notes pertaining to oral reprimands or counseling's regarding a state employee, or notes pertaining to matters that may be used regarding the employee in a disciplinary action are placed in the employee's personnel file, the agency that is the employer must supply a copy of the documentation to the employee no later than 10 days after its inclusion in his or her personnel file. If the information is not provided to the employee within 10 days as required, the reprimands or notes must be removed from the employee's file and may not be used against the employee in any future proceeding or disciplinary action A school district employee, or any person designated in writing by the employee, may, upon request, review all of the contents in his or her personnel file and receive copies of any documents contained in the file. No document shall be withheld from the employee or his or her representative. A representative of the employee may accompany him or her during the personnel file review. The employee may answer or object in writing to any material in his or her file and the answer or objection shall be attached to the appropriate material.

2 CHILD LABOR; Posting of notice of law; time records; meal or rest period. (a)every employer shall keep posted in a conspicuous place where any person under 19 years of age is employed, permitted, or suffered to work, a printed notice stating the maximum number of hours persons under 19 may be permitted to work on each day of the week as set out in Section The printed form of the notice shall be furnished by the department. The employment of any person for a longer time period in any day so stated, or at any time other than as stated in the printed form of notice, shall be deemed a violation of this chapter. (b) Each employer shall keep on or about the premises at which any person under 19 years of age is employed a separate file for each employee under 19 years of age. The file shall contain the employee's name, home address, date of birth, date of hire, proof of age, school of attendance, and time records which shall state the number of hours worked each day, starting and ending times, break times as listed in subsection (c), and any other information the department may require. The employer shall verify each minor's age using documents recognized by the Federal Employees Identification Laws. The employer shall keep these records on file for not less than three years CHILD LABOR. Eligibility to work form When required; Child Labor Certificates. (a) No person under 16 years of age shall engage in any occupation mentioned in Section unless he or she has secured and has with him or her an eligibility to work form as provided in this chapter. (b) No person, entity, franchise, corporation, or division of a corporation shall employ, permit, or suffer to work any person 14 or 15 years of age in any occupation, except in agricultural service, unless the person, entity, franchise, corporation, or division of a corporation procures and keeps on file for the inspection by the officials charged with the enforcement of this chapter, an eligibility to work form for every person 14 or 15 years of age and a complete list of those persons 14 or 15 years of age employed therein. (c) Any person, entity, franchise, corporation, or division of a corporation that wishes to employ, permit, or suffer to work any minor 14 or 15 years of age in any occupation, except in agricultural service, shall obtain a Class I Child Labor Certificate from the department for each location where a person, entity, franchise, corporation, or division of a corporation wishes to employ a minor 14 or 15 years of age. Such employment shall be in accordance with all other sections of this chapter. (d) The certificate shall allow the employment of minors 14 or 15 years of age to work only outside of school hours or during vacation periods and only in occupations not prohibited by this chapter for persons of these ages. (e) The employment of a minor 14 or 15 years of age shall be revoked or suspended by the department if the minor's regular school attendance and performance record is not satisfactory to the head administrator or, if home schooled an instructor, of the school which the minor attends. The revocation or suspension shall be processed by the department upon notification by the school. (f) Any person, entity, franchise, corporation, or division of a corporation that wishes to employ, permit, or suffer to work any minor 16 or 17 years of age in any occupation, except in agricultural service, shall obtain a Class II Child Labor Certificate from the department for each location where a person, entity, franchise, corporation, or division of a corporation wishes to employ a minor 16 or 17 years of age. Such employment shall be in accordance with all other sections of this chapter. (g) The department shall issue Class I and Class II Child Labor Certificates to any person, entity, franchise, corporation, or division of a corporation that applies to the department. The fee for a Class I or Class II Child Labor Certificate shall be fifteen dollars ($15). The certificates shall be issued

3 Alaska annually. (h)(1) The application for the child labor certificate shall contain all of the following information specific to the location of the minor's employment: a. The name, address, and telephone number of the person, entity, franchise, corporation, or division of a corporation that wishes to employ, permit, or suffer to work any minor. b. The type of business or entity, the federal employer identification number, the names of all incorporators, owners, members, or partners of the business or entity. c. Any other information as required by department regulation. (2) The Class I and Class II Child Labor Certificates shall contain all of the following information: a. The name of the employer. b. The type of business the employer maintains. c. Any other information as required by department regulation. (3) If a person, entity, franchise, corporation, or division of a corporation, employs a minor between 14 and 17 years of age without a proper child labor certificate, the person, entity, franchise, corporation or division of a corporation shall pay a penalty of fifty dollars ($50) and then shall obtain a certificate in the proper manner (a) An employer shall permit an employee or former employee to inspect and make copies of the employee's personnel file and other personnel information maintained by the employer concerning the employee under reasonable rules during regular business hours. The employer may require an employee or former employee who requests copies of material under this subsection to pay the reasonable cost of duplication. (b) This section does not supersede the terms of a collective bargaining agreement. (c) In this section, (1) "employee" means a person employed by an employer; (2) "employer" means a person who employs one or more other persons and includes the state, the University of Alaska, the Alaska Railroad, and political subdivisions of the state (c) A state employee has the right to examine the employee's own personnel files and may authorize others to examine those files. (d) An applicant for state employment who appeals an examination score may review written examination questions relating to the examination unless the questions are to be used in future examinations Child Labor. Employment of Minors Under 18 Years of Age. (a) Nothing in this section authorizes noncompliance with any federal or state law or regulation, or municipal ordinance establishing a higher standard. If more than one standard within this section applies to a single activity the higher standard is applicable. (b) An exception for apprentices applies only when (1) the apprentice is employed in a craft recognized as an apprenticeable trade; (2) the work of the apprentice in the occupations declared particularly hazardous is incidental to the training; (3) that work is intermittent and for short periods of time and is under the direct and close supervision of a journeyman as a necessary part of such apprentice training; and (4) the apprentice is registered by the bureau of apprenticeship and training of the United States Department of Labor, or is registered by a state agency as employed in accordance with the standards of state apprenticeship and training approved by the commissioner of labor and workforce development, or is employed under a written apprenticeship agreement and conditions that are found by the commissioner of labor and workforce development to conform substantially with those federal or state standards. (c) An exemption for student-learners applies when (1) the student-learner is enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority or in a course of study in a substantially similar program conducted by a private school; and (2) the studentlearner is employed under a written agreement which provides that (A) the work of the student-learner in the occupations declared particularly hazardous will be incidental to the training; (B) the work will be intermittent and for short periods of time, and under the direct and close supervision of a qualified and experienced person; (C) safety

4 instructions will be given by the school and correlated by the employer with on-the-job training; and (D) a schedule of organized and progressive work processes to be performed on the job will have been prepared; and (3) each written agreement contains the name of the student-learner, and is signed by the employer and the school coordinator or principal. (d) Copies of each agreement covered by (c) of this section must be kept on file by both the school and the employer. This exemption for the employment of student-learners will, in the department's discretion, be revoked in any individual case if it is found that reasonable precautions have not been observed for the safety of minors employed under the agreement. A high school graduate who has completed training as provided in (c) of this section as a student-learner, may be employed in that occupation in which the student-learner training was completed, even though the graduate is not yet 18 years of age. (e) The state, political subdivisions of the state, and employers who only employ minors enrolled in work-training apprenticeship, vocational education, and other programs approved by the commissioner are exempt from the requirements of AS (f) Minors who have been emancipated for general purposes under AS are exempt from the requirements of AS (g) The wage prescribed for minors who work less than 30 hours in a workweek may not be less than the prevailing federal minimum wage. This provision, however, is not applicable to those exemptions otherwise provided for in AS (1) (10) Child Labor; Certificates of age. Every person employing a minor shall obtain and have on file proof of the minor's age acceptable to the commissioner. Examples of acceptable proof of age include, but are not limited to, a copy of (1) birth certificate; (2) Bureau of Indian Affairs census record; (3) passport; (4) driver's license; (5) authenticated school records; (6) federal age certificate; (7) baptismal certificate; (8) military dependent identification; (9) family court records; (10) affidavit of physician Rules Governing Practice and Procedure Before the State Commission for Human Rights. Reports and Recordkeeping. Employer Records. (a) An employer subject to AS shall make, and keep for two years, records of the race, age, and sex of its applicants for employment and its employees. (b) An employer who is being investigated under AS shall retain, until final disposition of the complaint, all records relevant to the determination of the complaint. These records include (1) application forms, including records of the race, age, and sex of applicants; (2) position descriptions; (3) classification studies; (4) payroll data; (5) personnel files, including employment application forms and other records pertaining to hiring, promotion, demotion, transfer, layoff or termination, rates of pay or other terms of compensation, and selection for training or apprenticeship; (6) any other records relevant to the employment status of employees and applicants which the employer makes in the ordinary course of business. (c) An employer may request of applicants or employees the information listed in (a) of this section if the information is obtained to further a good-faith affirmative action plan designed to avoid or overcome conspicuous imbalance in a work force STATE COMMISSION FOR HUMAN RIGHTS; DISCRIMINATORY PRACTICES PROHIBITED; (b) The state, employers, labor organizations, and employment agencies shall maintain records on age, sex, and race that are required to administer the civil rights laws and regulations. These records are confidential and available only to federal and state personnel legally charged with administering civil rights laws and regulations. However, statistical information compiled from records on age, sex, and race shall be made available to the general public.

5 EMPLOYMENT PRACTICES AND WORKING CONDITIONS; WAGES; Employer to keep records. (a) An employer shall keep for a period of at least three years at the place where an employee is employed a record of the name, address, and occupation of each employee, the rate of pay and the amount paid each pay period to each employee, the hours worked each day and each workweek by each employee, and other payroll information that the commissioner may require. (b) The commissioner or an authorized representative of the commissioner may copy the employer's records at any reasonable time. An employer shall furnish to the commissioner or the representative on demand a sworn statement of the employer's records, and the commissioner may require that the sworn statement be made upon forms the commissioner has prescribed or approved. Arizona HOSPITALS AND NURSING FACILITIES; OVERTIME LIMITATIONS FOR NURSES. Report requirements. (a) A health care facility shall file with the division of labor standards and safety, Department of Labor and Workforce Development, a semiannual report on a form provided by the department. The report for the six-month period ending June 30 must be filed before the following August 1, and the report for the six-month period ending December 31 must be filed before the following February 1. The report must include, for each nurse employed by the health care facility or under contract with the health care facility, the number of overtime hours worked and the number of hours the nurse was on call. A health care facility that does not employ a nurse who worked overtime hours or who was on call during the reporting period is not required to describe hours worked as overtime and on-call hours for individual nurses but may instead complete the report by stating on the form that there are no reportable hours. (b) A primary care outpatient facility is not subject to the reporting requirements of (a) of this section. R Personnel Records Access to--.purpose. An employee's official personnel file is the official record and documentation of the employee's employment. B. Content. An agency head shall, for each agency employee, maintain an official personnel file that contains: 1. A copy of the job application or resumé for the employee's current regular position; 2. A copy of all performance appraisal reports completed as required by R ; 3. Personnel action forms that authorize changes in employment status, position, classification, pay, or leave status; 4. Letters of commendation as established by agency policy; 5. Correspondence concerning: a. Disciplinary actions as described in Article 8 and letters of reprimand; b. Acknowledgments of receipt of letters of reprimand or other disciplinary communications; and c. Employee objections or responses to correspondence described in subsection (B)(5)(a) that are not filed as grievances under Article 7, if the objection or response is received within 30 calendar days of the date of the disciplinary action or letter of reprimand; and 6. Corrective action plans and performance planning documents. C. Insurance and medical records. An agency head may maintain group insurance enrollment forms in an employee's official personnel file. An agency head shall maintain medical records in a separate file that is not part of the employee's official personnel file. D. Immigration records. An agency head shall retain I-9 forms and other documents required by law to prove employment eligibility in a separate file that is not part of the employee's official personnel file. E. Access. For the purpose of this subsection, an official is an individual who provides identification verifying that the individual is exercising powers and duties on behalf of the chief administrative head of a public body. An agency head shall limit access to an employee's official personnel file to: 1. The employee or an individual who has written authorization from the employee to review the personnel file; 2. Agency personnel designated by the agency head as having a need for the information; 3. A Department official in the normal line of duty; 4. An official acting in response to a court order or subpoena; 5. An official of an agency to which the employee has applied; and 6. An official of an agency of the federal government, state government, or political

6 subdivision, if the agency head of the employing agency deems access to the file to be appropriate. F. Disclosure of information. 1. Definitions. For the purposes of this subsection: a. "Disciplinary actions" means correspondence concerning disciplinary actions as described in Article 8, and letters of reprimand. b. "Records that are reasonably necessary or appropriate to maintain an accurate knowledge of the employee's disciplinary actions" means an official notice of charges of misconduct, the final disciplinary letter, and any responses related to grievances or appeals upholding, amending, or overturning the discipline. c. "Employee responses" means any written documents, submitted and signed by the employee, either: i. In response to an official notice of charges of misconduct; ii. As a formal complaint filed under the provisions of Article 7 of these rules to grieve a specific disciplinary action; or iii. As an objection to a specific disciplinary action and contained in the employee's official personnel file under subsection (B)(5). 2. The Director, or designee, shall ensure that except as provided in subsection (E), only the following information about an employee is provided to any person making a public records request under A.R.S. Title 39, Chapter 1, Article 2. a. Name of employee; b. Date of employment; c. Current and previous class titles and dates of appointment to the class; d. Name and location of current and previous agencies to which the employee has been assigned; e. Current and previous salaries and dates of each change; f. Name of employee's current or last known supervisor; and Records that are reasonably necessary or appropriate to maintain an accurate knowledge of the employee's disciplinary actions, including the employee responses to all disciplinary actions, unless providing this information is contrary to law. G. Employee access to files. An employee has the right to access only the employee's official personnel file. H. Control. 1. When an employee moves from one state service agency to another, the losing agency shall forward the employee's official personnel file to the gaining agency within 10 days of the effective date of the move. 2. When a former employee returns to state service to an agency other than the agency in which the employee was last employed, the gaining agency shall request that the last agency forward the employee's official personnel file. The last agency shall forward the file within 10 days of the receipt of the request. Sec. R Fair Employment Practices: Recordkeeping requirements; Division reports. Every employer, employment agency, labor organization, or joint labor management committee controlling apprenticeship or other training or retraining including on the job training programs, subject to this Act shall make and keep such records relevant to the determination of whether unlawful employment practices have been or are being committed, preserve such records for such periods, and make such reports therefrom, as the Division deems reasonable, necessary or appropriate for the enforcement of this Act; provided, however, that no employer, employment agency, labor organization, or joint labor management committee controlling apprenticeship or other training or retraining including on the job training programs required to file an EEO-1, 2, 3, or 4 Report with the Equal Employment Opportunity Commission shall be required to file a similar report with the Division unless specifically requested to do so by the Division CIVIL RIGHTS; Recordkeeping; preservation of records; reports to division; furnishing information to other governmental agencies; information confidential; classification A. Every employer, employment agency and labor organization subject to article 4 of this chapter shall make and keep such records relevant to the determination of whether unlawful employment practices have been or are being committed, preserve such records for such periods and make such reports therefrom as the division shall prescribe by regulation or order, after public hearing, as reasonable, necessary or appropriate for the enforcement of this article and article 4. Compliance with reporting and recordkeeping regulations issued by the United States equal employment opportunity commission shall be compliance with this subsection.

7 Any employer, employment agency, labor organization or joint labor-management committee which believes that the application to it of any regulation or order issued under this section would result in undue hardship may apply to the division for an exemption. If an application for such exemption is denied, a civil action may be brought in the superior court for the county where such records are kept. If the division of the court, as the case may be, finds that the application of the regulation or order to the employer, employment agency or labor organization in question, or in general, would impose an undue hardship, the division or the court, as the case may be, may grant appropriate relief. If any person required to comply with the provisions of this subsection fails or refuses to do so, the superior court for the county in which such person is found, resides or transacts business shall upon application of the division issue to such person an order requiring him to comply. B. In prescribing requirements pursuant to subsection A, the division shall consult with other interested governmental agencies and shall coordinate its requirements with those adopted by such agencies. Upon request the division may furnish to any such governmental agency charged with the administration of a fair employment practices law information obtained pursuant to subsection A from any employer, employment agency, labor organization or joint labor-management committee subject to the jurisdiction of such agency. Such information shall be furnished on condition that it not be made public by the recipient agency prior to the institution of a proceeding under applicable law involving such information. If this condition is violated by a recipient agency, the division may decline to honor subsequent requests of such agency. C. It is unlawful for any officer or employee of the division or the board to make public in any manner whatever any information obtained by the division pursuant to its authority under this section prior to the institution of any proceeding involving such information under this article. Any officer, employee or agent of the division or the board who shall make public in any manner whatever any information in violation of this subsection is guilty of a class 1 misdemeanor Minimum Wage-Records kept by employer. (a) Every employer subject to any provision of this subchapter or of any regulation issued under this subchapter shall make and keep for a period of not less than three (3) years in or about the premises wherein any employee is employed a record of the name, address, and occupation of each of his or her employees, the rate of pay, the amount paid each pay period to each employee, and such other information as the Director of the Department of Labor shall prescribe by regulation as necessary or appropriate for the enforcement of the provisions of this subchapter or of the regulations under this subchapter. (b) The records shall be open for inspection or transcription by the director or his or her authorized representative at any reasonable time. (c) Every employer shall furnish to the director or to his or her authorized representative on demand a sworn statement of the records and information upon forms prescribed or approved by the director. [Editor s note: Arizona recordkeeping provisions apply to public employers only] Arkansas (a)(1)(a) Access to Personnel Files. Except as otherwise specifically provided by this section or by laws specifically enacted to provide otherwise, all public records shall be open to inspection and copying by any citizen of the State of Arkansas during the regular business hours of the custodian of the records. (B)(i) However, access to inspect and copy public records of the Department of Correction and the Department of Community Correction shall be denied to: (a) A person who at the time of the request has pleaded guilty to or been found guilty of a felony and is incarcerated in a correctional facility; and (b) The representative of a person under subdivision (a)(1)(b)(i)(a) of this section unless the representative is the person's attorney who is requesting information that is subject to disclosure under this section. (ii) Access to inspect and copy public records of the Department of Correction and the

8 Department of Community Correction shall be denied to a person under subdivision (a)(1)(b)(i)(a) of this section regardless of whether the records are in the possession of the Department of Correction, the Department of Community Correction, or another agency of the state. (2)(A) A citizen may make a request to the custodian to inspect, copy, or receive copies of public records. (B) The request may be made in person, by telephone, by mail, by facsimile transmission, by electronic mail, or by other electronic means provided by the custodian. (C) The request shall be sufficiently specific to enable the custodian to locate the records with reasonable effort. (3) If the person to whom the request is directed is not the custodian of the records, the person shall so notify the requester and identify the custodian, if known to or readily ascertainable by the person. (b) It is the specific intent of this section that the following shall not be deemed to be made open to the public under the provisions of this chapter: (1) State income tax records; (2) Medical records, adoption records, and education records as defined in the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. 1232g, unless their disclosure is consistent with the provisions of that act; (3) The site files and records maintained by the Arkansas Historic Preservation Program of the Department of Arkansas Heritage and the Arkansas Archeological Survey; (4) Grand jury minutes; (5) Unpublished drafts of judicial or quasi-judicial opinions and decisions; (6) Undisclosed investigations by law enforcement agencies of suspected criminal activity; (7) Unpublished memoranda, working papers, and correspondence of the Governor, members of the General Assembly, Supreme Court Justices, Court of Appeals Judges, and the Attorney General; (8) Documents that are protected from disclosure by order or rule of court; (9)(A) Files that if disclosed would give advantage to competitors or bidders and records maintained by the Arkansas Economic Development Commission related to any business entity's planning, site location, expansion, operations, or product development and marketing, unless approval for release of those records is granted by the business entity. (B) However, this exemption shall not be applicable to any records of expenditures or grants made or administered by the commission and otherwise disclosable under the provisions of this chapter; (10)(A) The identities of law enforcement officers currently working undercover with their agencies and identified in the Arkansas Minimum Standards Office as undercover officers. (B) Records of the number of undercover officers and agency lists are not exempt from this chapter; (11) Records containing measures, procedures, instructions, or related data used to cause a computer or a computer system or network, including telecommunication networks or applications thereon, to perform security functions, including, but not limited to, passwords, personal identification numbers, transaction authorization mechanisms, and other means of preventing access to computers, computer systems or networks, or any data residing therein; (12) Personnel records to the extent that disclosure would constitute a clearly unwarranted invasion of personal privacy; (13) Home addresses of nonelected state employees, nonelected municipal employees, and nonelected county employees contained in employer records, except that the custodian of the records shall verify an employee's city or county of residence or address on record upon request; (14) Materials, information, examinations, and answers to examinations utilized by boards and commissions for purposes of testing applicants for licensure by state boards or commissions; (15) Military service discharge records or DD Form 214, the Certificate of Release or Discharge from Active Duty of the United States Department of Defense, filed with the county recorder as provided under , for veterans discharged from service less than seventy (70) years from the current date; and (16)(A) Records, including analyses, investigations, studies, reports, recommendations, requests for proposals, drawings, diagrams, blueprints, and plans, containing information relating to security for any public water system. (B) The records shall include: (i) Risk and vulnerability assessments; (ii) Plans and proposals for preventing and mitigating security risks; (iii) Emergency response and recovery records; (iv) Security plans and procedures; and (v) Any other records containing

9 information that if disclosed might jeopardize or compromise efforts to secure and protect the public water system. (C) This subdivision (b)(16) shall expire on July 1, (c)(1) Notwithstanding subdivision (b)(12) of this section, all employee evaluation or job performance records, including preliminary notes and other materials, shall be open to public inspection only upon final administrative resolution of any suspension or termination proceeding at which the records form a basis for the decision to suspend or terminate the employee and if there is a compelling public interest in their disclosure. (2) Any personnel or evaluation records exempt from disclosure under this chapter shall nonetheless be made available to the person about whom the records are maintained or to that person's designated representative. (3)(A) Upon receiving a request for the examination or copying of personnel or evaluation records, the custodian of the records shall determine within twenty-four (24) hours of the receipt of the request whether the records are exempt from disclosure and make efforts to the fullest extent possible to notify the person making the request and the subject of the records of that decision. (B)(i) If the subject of the records cannot be contacted in person or by telephone within the twenty-four-hour period, the custodian shall send written notice via overnight mail to the subject of the records at his or her last known address. Either the custodian, requester, or the subject of the records may immediately seek an opinion from the Attorney General, who, within three (3) working days of receipt of the request, shall issue an opinion stating whether the decision is consistent with this chapter. (ii) In the event of a review by the Attorney General, the custodian shall not disclose the records until the Attorney General has issued his or her opinion. (C) However, nothing in this subsection shall be construed to prevent the requester or the subject of the records from seeking judicial review of the custodian's decision or the decision of the Attorney General. (d)(1) Reasonable access to public records and reasonable comforts and facilities for the full exercise of the right to inspect and copy those records shall not be denied to any citizen. 2)(A) Upon request and payment of a fee as provided in subdivision (d)(3) of this section, the custodian shall furnish copies of public records if the custodian has the necessary duplicating equipment. (B) A citizen may request a copy of a public record in any medium in which the record is readily available or in any format to which it is readily convertible with the custodian's existing software. (C) A custodian is not required to compile information or create a record in response to a request made under this section. (3)(A)(i) Except as provided in or by law, any fee for copies shall not exceed the actual costs of reproduction, including the costs of the medium of reproduction, supplies, equipment, and maintenance, but not including existing agency personnel time associated with searching for, retrieving, reviewing, or copying the records. (ii) The custodian may also charge the actual costs of mailing or transmitting the record by facsimile or other electronic means. (iii) If the estimated fee exceeds twenty-five dollars ($25.00), the custodian may require the requester to pay that fee in advance. (iv) Copies may be furnished without charge or at a reduced charge if the custodian determines that the records have been requested primarily for noncommercial purposes and that waiver or reduction of the fee is in the public interest. (B) The custodian shall provide an itemized breakdown of charges under subdivision (d)(3)(a) of this section. (e) If a public record is in active use or storage and therefore not available at the time a citizen asks to examine it, the custodian shall certify this fact in writing to the applicant and set a date and hour within three (3) working days at which time the record will be available for the exercise of the right given by this chapter. (f)(1) No request to inspect, copy, or obtain copies of public records shall be denied on the ground that information exempt from disclosure is commingled with nonexempt information. (2) Any reasonably segregable portion of a record shall be provided after deletion of the exempt information. (3) The amount of information deleted shall be indicated on the released portion of the record and, if technically feasible, at the place in the record where the deletion was made. (4) If it is necessary to separate exempt from nonexempt information in order to permit a citizen

10 to inspect, copy, or obtain copies of public records, the custodian shall bear the cost of the separation. (g) Any computer hardware or software acquired by an entity subject to (5)(A) after July 1, 2001, shall be in full compliance with the requirements of this section and shall not impede public access to records in electronic form. (h) Notwithstanding any Arkansas law to the contrary, at the conclusion of any investigation conducted by a state agency in pursuit of civil penalties against the subject of the investigation, any settlement agreement entered into by a state agency shall be deemed a public document for the purposes of this chapter. However, the provisions of this subsection shall not apply to any investigation or settlement agreement involving any state tax covered by the Arkansas Tax Procedure Act, et seq Wage Discrimination; Employer to keep records. (a) Every employer subject to shall keep and maintain records of the salaries and wage rates, job classifications, and other terms and conditions of employment of the persons employed by him or her and the records shall be preserved for a period of three (3) years. (b) The records shall also be made available to the parties and to the court wherein an action to recover unpaid wages under this subchapter is pending. R Recordkeeping requirements; Division reports Every employer, employment agency, labor organization, or joint labor management committee controlling apprenticeship or other training or retraining including on the job training programs, subject to this Act shall make and keep such records relevant to the determination of whether unlawful employment practices have been or are being committed, preserve such records for such periods, and make such reports therefrom, as the Division deems reasonable, necessary or appropriate for the enforcement of this Act; provided, however, that no employer, employment agency, labor organization, or joint labor management committee controlling apprenticeship or other training or retraining including on the job training programs required to file an EEO-1, 2, 3, or 4 Report with the Equal Employment Opportunity Commission shall be required to file a similar report with the Division unless specifically requested to do so by the Division. Sec Employment Practices. Family Medical Leave; Requirements for record keeping. A. The Department must keep the following records for no less than three (3) years an make them available for inspection, copying and transcription by the Department of Labor (DOL) representatives upon request: 1. Basic payroll and identifying employee data, including name, address an occupation; rate or basis of pay in terms of compensation; daily and weekly hours worked per pay period (unless considered exempt by the Fair Labor Standards Act); additions to or deductions from wages; and total compensation paid. 2. Dates FMLA Leave is taken. 3. If FMLA Leave is taken in increments of less than one full day, the hours of leave. 4. Copies of employee notices of leave furnished to the Department, if in writing, and copies of all general and specific notices given to employees as required under FMLA and its regulations. 5. Any documents describing employee benefits or employer policies and practices regarding the taking of paid and unpaid leave. 6. Premium payments of employee benefits. 7. Records of any dispute between the Department and an employee regarding designation of leave as FMLA including DHS requests for second and third opinions. 8. DHS/employee agreement on work schedule during intermittent or reduced schedule leave. B. Records and documents relating to medical certifications, re-certifications, or medical histories of employees or employees' family members must be maintained in separate files and be treated as confidential medical records. The only person who can obtain access to these confidential records are (1) supervisors and managers who need to be informed of restrictions on the work or

11 California duties of an employee and necessary accommodations; (2) first-aid and safety personnel if an employee's physical or medical condition requires emergency treatment; and (3) government officials investigating compliance with the FMLA. C. The general rule established by the statute is the DOL may only require DHS to submit its books or records for review once during any twelve-month period. However, if DOL has reasonable cause to believe DHS has violated FMLA or its regulations, or if DOL is investigating an employee complaint, it may request or subpoena the Department's books or records at any time (a) Every current and former employee, or his or her representative, has the right to inspect and receive a copy of the personnel records that the employer maintains relating to the employee's performance or to any grievance concerning the employee. (b) (1) The employer shall make the contents of those personnel records available for inspection to the current or former employee, or his or her representative, at reasonable intervals and at reasonable times, but not later than 30 calendar days from the date the employer receives a written request, unless the current or former employee, or his or her representative, and the employer agree in writing to a date beyond 30 calendar days to inspect the records, and the agreed-upon date does not exceed 35 calendar days from the employer's receipt of the written request. Upon a written request from a current or former employee, or his or her representative, the employer shall also provide a copy of the personnel records, at a charge not to exceed the actual cost of reproduction, not later than 30 calendar days from the date the employer receives the request, unless the current or former employee, or his or her representative, and the employer agree in writing to a date beyond 30 calendar days to produce a copy of the records, as long as the agreed-upon date does not exceed 35 calendar days from the employer's receipt of the written request. Except as provided in paragraph (2) of subdivision (c), the employer is not required to make those personnel records or a copy thereof available at a time when the employee is actually required to render service to the employer, if the requester is the employee. (2) (A) For purposes of this section, a request to inspect or receive a copy of personnel records shall be made in either of the following ways: (i) Written and submitted by the current or former employee or his or her representative. (ii) Written and submitted by the current or former employee or his or her representative by completing an employer-provided form. (B) An employer-provided form shall be made available to the employee or his or her representative upon verbal request to the employee's supervisor or, if known to the employee or his or her representative at the time of the request, to the individual the employer designates under this section to receive a verbal request for the form. (c) The employer shall do all of the following: (1) With regard to all employees, maintain a copy of each employee's personnel records for a period of not less than three years after termination of employment. (2) With regard to current employees, make a current employee's personnel records available for inspection, and, if requested by the employee or his or her representative, provide a copy thereof, at the place where the employee reports to work, or at another location agreeable to the employer and the requester. If the employee is required to inspect or receive a copy at a location other than the place where he or she reports to work, no loss of compensation to the employee is permitted. (3) (A) With regard to former employees, make a former employee's personnel records available for inspection, and, if requested by the employee or his or her representative, provide a copy thereof, at the location where the employer stores the records, unless the parties mutually agree in writing to a different location. A former employee may receive a copy by mail if he or she reimburses the employer for actual postal expenses. (B) (i) Notwithstanding subparagraph (A), if a former employee seeking to inspect his or her personnel records was terminated for a violation of law, or an employment-related policy, involving harassment or workplace violence, the employer may comply with the request by doing one of the following: (I) Making the personnel records available to the former employee for inspection at a location other than the workplace that is within a reasonable driving distance of the

12 former employee's residence. (II) Providing a copy of the personnel records by mail. (ii) Nothing in this subparagraph shall limit a former employee's right to receive a copy of his or her personnel records. (d) An employer is required to comply with only one request per year by a former employee to inspect or receive a copy of his or her personnel records. (e) The employer may take reasonable steps to verify the identity of a current or former employee or his or her authorized representative. For purposes of this section, "representative" means a person authorized in writing by the employee to inspect, or receive a copy of, his or her personnel records. (f) The employer may designate the person to whom a request is made. (g) Prior to making records specified in subdivision (a) available for inspection or providing a copy of those records, the employer may redact the name of any nonsupervisory employee contained therein. (h) The requirements of this section do not apply to: (1) Records relating to the investigation of a possible criminal offense. (2) Letters of reference. (3) Ratings, reports, or records that were: (A) Obtained prior to the employee's employment. (B) Prepared by identifiable examination committee members. (C) Obtained in connection with a promotional examination. (4) Employees who are subject to the Public Safety Officers Procedural Bill of Rights (Chapter 9.7 (commencing with Section 3300) of Division 4 of Title 1 of the Government Code). (5) Employees of agencies subject to the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code). (i) If a public agency has established an independent employee relations board or commission, an employee shall first seek relief regarding any matter or dispute relating to this section from that board or commission before pursuing any available judicial remedy. (j) In enacting this section, it is the intent of the Legislature to establish minimum standards for the inspection and the receipt of a copy of personnel records by employees. Nothing in this section shall be construed to prevent the establishment of additional rules for the inspection and the receipt of a copy of personnel records that are established as the result of agreements between an employer and a recognized employee organization. (k) If an employer fails to permit a current or former employee, or his or her representative, to inspect or copy personnel records within the times specified in this section, or times agreed to by mutual agreement as provided in this section, the current or former employee or the Labor Commissioner may recover a penalty of seven hundred fifty dollars ($750) from the employer. (l) A current or former employee may also bring an action for injunctive relief to obtain compliance with this section, and may recover costs and reasonable attorney's fees in such an action. (m) Notwithstanding Section 1199, a violation of this section is an infraction. Impossibility of performance, not caused by or resulting from a violation of law, may be asserted as an affirmative defense by an employer in any action alleging a violation of this section. (n) If an employee or former employee files a lawsuit that relates to a personnel matter against his or her employer or former employer, the right of the employee, former employee, or his or her representative to inspect or copy personnel records under this section ceases during the pendency of the lawsuit in the court with original jurisdiction. (o) For purposes of this section, a lawsuit "relates to a personnel matter" if a current or former employee's personnel records are relevant to the lawsuit. (p) An employer is not required to comply with more than 50 requests under this section to inspect and receive a copy of personnel records filed by a representative or representatives of employees in one calendar month. (q) This section does not apply to an employee covered by a valid collective bargaining agreement if the agreement expressly provides for all of the following: (1) The wages, hours of work, and working conditions of employees. (2) A procedure for the inspection and copying of personnel records. (3) Premium wage rates for all overtime hours worked. (4) A regular rate of pay of not less than 30 percent more than the state minimum wage rate. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a

13 crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution EMPLOYMENT REGULATION AND SUPERVISION; Occupational Privileges and Restrictions; Minors. (a) Sections 1292, 1293, 1294, and shall not apply to any of the following: (1) Courses of training in vocational or manual training schools or in state institutions. (2) Apprenticeship training provided in an apprenticeship training program established pursuant to Chapter 4 (commencing with Section 3070) of Division 3. (3) Work experience education programs conducted pursuant to either or both Section and Article 5.5 (commencing with Section 5985 of Chapter 6 of Division 6 of the Education Code, provided that the work experience coordinator determines that the students have been sufficiently trained in the employment or work otherwise prohibited by these sections, if parental approval is obtained, and the principal or the counselor of the student has determined that the progress of the student toward graduation will not be impaired. (b) Section shall not apply to the following persons as provided by Section of Title 29 of the Code of Federal Regulations: (1) Student-learners in a bona fide vocational agriculture program working in the occupations specified in paragraph (1) of subdivision (a) of Section under a written agreement that provides that the student-learner's work is incidental to training, intermittent, for short periods of time, and under close supervision of a qualified person, and includes all of the following: (A) Safety instructions given by the school and correlated with the student-learners's on-the-job training. (B) A schedule of organized and progressive work processes for the student-learner. (C) The name of the student-learner. (D) The signature of the employer and a school authority, each of whom must keep copies of the agreement. (2) Minors 14 or 15 years of age who hold certificates of completion of either a tractor operation or a machine operation program and who are working in the occupations for which they have been trained. These certificates are valid only for the occupations specified in paragraph (1) of subdivision (a) of Section Farmers employing minors who have completed this program shall keep a copy of the certificates of completion on file with the minor's records. (3) Minors 14 and 15 years old who hold certificates of completion of either a tractor operation or a machine operation program of the United States Office of Education Vocational Agriculture Training Program and are working in the occupations for which they have been trained. These certificates are valid only for the occupations specified in paragraph (1) of subdivision (a) of Section Farmers employing minors who have completed this program shall keep a copy of the certificate of completion on file with the minor's records Lab. Occupational Privileges and Restrictions; Minors. Every person, or agent or officer thereof, employing minors, either directly or indirectly through third persons, shall keep on file all permits and certificates, either to work or to employ, issued under this article or Part 27 (commencing with Section 48000) of the Education Code. The files shall be open at all times to the inspection of the school attendance and probation officers, the State Board of Education, and the officers of the Division of Labor Standards Enforcement Educ. Elementary and Secondary Education; Employment of Minors; Duties of Employer. Every person, firm, corporation, or agent or officer of a firm or corporation, employing minors under the age of 18 years shall keep on file all permits to employ minors under the age of 18 years during the term of the employment Educ. Elementary and Secondary Education; Employment of Minors; Duties of Employer. Permits to work and to employ and certificates of age shall

14 always be open to inspection by supervisors of attendance, probation officers, designees of the Labor Commissioner, and by officers of the Superintendent of Public Instruction. Every permit to work or to employ and every certificate of age shall be subject to cancellation at any time by the Superintendent of Public Instruction, the Labor Commissioner, or by the person issuing the permit or certificate whenever any person authorized to inspect such permits and certificates finds that the conditions for the legal issuance of the permit or certificate of age do not exist or did not exist at the time the permit or certificate was issued. A permit to work shall be revoked by the issuing authority when he is satisfied that the employment of the minor is impairing the health or education of the minor, or that any provision or condition of the permit is being violated, or that the minor is performing work in violation of any provision of law Lab Wages, Hours and Working Conditions. d) Every employer shall maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by the employer. All of the records shall be kept on file for a period of two years Lab. Wages, Hours and Working Conditions - Every person employing labor in this state shall: (a) Furnish to the commission, at its request, reports or information that the commission requires to carry out this chapter. The reports and information shall be verified if required by the commission or any member thereof. (b) Allow any member of the commission or the employees of the Division of Labor Standards Enforcement free access to the place of business or employment of the person to secure any information or make any investigation that they are authorized by this chapter to ascertain or make. The commission may inspect or make excerpts, relating to the employment of employees, from the books, reports, contracts, payrolls, documents, or papers of the person. (c) Keep a record showing the names and addresses of all employees employed and the ages of all minors. (d) Keep, at a central location in the state or at the plants or establishments at which employees are employed, payroll records showing the hours worked daily by and the wages paid to, and the number of piece-rate units earned by and any applicable piece rate paid to, employees employed at the respective plants or establishments. These records shall be kept in accordance with rules established for this purpose by the commission, but in any case shall be kept on file for not less than two years Department of Fair Employment and Housing ; Discrimination Prohibited Unlawful Practices; Discrimination Prohibited; Unlawful Practices, Generally. It shall be an unlawful practice for employers, labor organizations, and employment agencies subject to the provisions of this part to fail to maintain and preserve any and all applications, personnel, membership, or employment referral records and files for a minimum period of two years after the records and files are initially created or received, or for employers to fail to retain personnel files of applicants or terminated employees for a minimum period of two years after the date of the employment action taken. For the purposes of this section, the State Personnel Board is exempt from the two-year retention requirement and shall instead, maintain the records and files for a period of one year. Upon notice that a verified complaint against it has been filed under this part, any such employer, labor organization, or employment agency shall maintain and preserve any and all records and files until the complaint is fully and finally disposed of and all appeals or related proceedings terminated. The commission shall adopt suitable rules, regulations, and standards to carry out the purposes of this section. Where necessary, the department, pursuant to its powers under Section 12974, may seek temporary or preliminary judicial relief to enforce this section.

15 Employment Practices: State Laws, Regulations and Orders. Recordkeeping requirements. Employers and other covered entities are required to maintain certain relevant records of personnel actions. Each employer or other covered entity subject to this section shall retain at all times at each reporting unit, or at company or divisional headquarters, a copy of the most recent CEIR or appropriate substitute and applicant identification records for each such unit and shall make them available upon request to any officer, agent, or employee of the Commission or Department. (a) California Employer Information Report. All employers regularly employing one hundred or more employees, apprenticeship programs with five or more apprentices and at least one sponsoring employer with 25 or more employees and at least one sponsoring union which operates a hiring hall or has 25 or more members, and labor organizations with 100 or more members shall prepare an annual personnel report called the "California Employer Information Report" (CEIR) in conformity with guidelines on reporting issued by the Department. (1) Substituting Federal Reports. An employer or other covered entity may utilize an appropriate federal report in lieu of the CEIR. Appropriate federal reports include the Equal Employment Opportunity Commission's EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, and EEO-6 reports and appropriate reports filed with the Office of Federal Contract Compliance Programs. (2) Sample Forms and Guidelines. Appropriate copies of sample forms and applicable guidelines shall be available to any employer or other covered entity from the Sacramento administrative office of the Department of Fair Employment and Housing. (3) Special Reporting. If an employer or other covered entity is engaged in activities for which the standard reporting criteria are not appropriate, special reporting procedures may be required. In such case, the employer or other covered entity should so advise the Department and submit a specific proposal for an alternative reporting system prior to the date on which the report should be prepared. If it is claimed that the preparation of the report would create undue hardship, an employer may apply to the Department for an exemption from the requirements of this section. (4) Remedy for Failure to Prepare or Make Reports Available. Upon application by the FEHC or DFEH for judicial relief, any employer failing or refusing to prepare or to make available reports as required under this section may be compelled to do so by a Superior Court of California. (5) Penalties for False Statements. The willful making of false statements on a CEIR or other required record is a violation of California Labor Code Section (Government Code Section 12976), and is punishable by fine or imprisonment as set forth therein. (b) Applicant Identification Records. Unless otherwise prohibited by law and for recordkeeping purposes only, every employer or other covered entity shall maintain data regarding the race, sex, and national origin of each applicant and for the job for which he or she applied. If such data is to be provided on an identification form, this form shall be separate or detachable from the application form itself. Employment decisions shall not be based on whether an applicant has provided this information, nor shall the applicant identification information be used for discriminatory purposes, except pursuant to a bona fide affirmative action or non-discrimination plan. (1) For recordkeeping purposes only, "applicant" means any individual who files a formal application or, where an employer or other covered entity does not provide application forms, any individual who otherwise indicates to the employer or other covered entity a specific desire to be considered for employment. An individual who simply appears to make an informal inquiry or who files an unsolicited resume upon which no employment action is taken is not an applicant. (2) An employer or other covered entity shall either retain the original documents used to identify applicants, or keep statistical summaries of the collected information. (3) Applicant records shall be preserved for the time period set forth in Section (c)(1) and (2). (c) Preservation of Records. Any personnel or other employment records made or kept by any employer or other covered entity dealing with any employment practice and affecting any employment benefit of any applicant or

16 employee (including all applications, personnel, membership or employment referral records or files) shall be preserved by the employer or other covered entity for a period of two years from the date of the making of the record or the date of the personnel action involved, whichever occurs later. However, the State Personnel Board shall maintain records and files for a period of one year. (1) California Employment Information Report. Every employer subject to subsection (a) above shall preserve for a period of two years from the date of preparation of the CEIR such records as were necessary for completion of the CEIR. (2) Applicant Identification Records. Every employer subject to subsection (b) above shall preserve applicant identification information for a period of two years from the date it was received. (3) Separate Records on Sex, Race, and National Origin. Records as to the sex, race, or national origin of any individual accepted for employment shall be kept separately from the employee's main personnel file or other records available to those responsible for personnel decisions. For example, such records could be kept as Part of an automatic data processing system in the payroll Department. (4) After Filing of Complaint. Upon notice of or knowledge that a complaint has been filed against it under the Act, any respondent, including the State Personnel Board, shall maintain and preserve any and all relevant records and files until such complaint is fully and finally disposed of and all appeals from related proceedings have concluded. (A) For purposes of this subsection, "related proceedings" shall include any action brought in Superior Court pursuant to Section of the Labor Code (Section of the Government Code). (B) The term "records and files relevant to the complaint" shall include, but is not limited to, personnel or employment records relating to the complaining Party and to all other employees holding similar positions to that held or sought by the complainant at the facility or other relevant subdivision where the discriminatory practice allegedly occurred. The term also includes applications, forms or test papers completed by the complainant and by all other candidates for the same position at that facility or other relevant subdivision where the employment practice occurred. All relevant records made or kept pursuant to subsections (a) and (b) above shall also be preserved. (C) The term "fully and finally disposed of and all appeals from related proceedings have concluded" refers to the expiration of the statutory period within which a complainant or respondent may bring an action in Superior Court, or an agreement has been reached by the Parties whereby no further judicial review is available to any of the Parties, or a final order has been entered by the Commission or a body of judicial review for which the time for filing a notice of appeal has expired. (d) Posting of Act. Every employer or other covered entity shall post in a conspicuous place or places on its premises a notice to be prepared and distributed by the Department which sets forth excerpts of the Act and such relevant information which the Department deems necessary to explain the Act. Such employers employing significant numbers, no less than 10% of their work force, of non-english-speaking persons (e.g., Chinese or Spanish speaking) at any facility or establishment must also post in the appropriate foreign language at each such facility or establishment Such notices may be obtained from the Department Gov't State Civil Service; Prohibitions and Offenses; Discrimination. (a) It is unlawful to require, permit, or suffer any notation or entry to be made upon or in any application, examination paper, or other paper, book, document, or record used under this part indicating or in any way suggesting or pertaining to any basis listed in subdivision (a) of Section 12940, as those bases are defined in Sections and (b) Notwithstanding subdivision (a), subsequent to employment, ethnic, marital status, and gender data may be obtained and maintained for research and statistical purposes when safeguards preventing misuse of the information exist as approved by the Fair Employment and Housing Commission, except that in no event shall any notation, entry, or record of that data be made on papers or records relating

17 to the examination, appointment, or promotion of an individual. Colorado Every person employing labor in this state shall: (a) Furnish to the \ commission, at its request, reports or information that the commission requires to carry out this chapter. The reports and information shall be verified if required by the commission or any member thereof. (b) Allow any member of the commission or the employees of the Division of Labor Standards Enforcement free access to the place of business or employment of the person to secure any information or make any investigation that they are authorized by this chapter to ascertain or make. The commission may inspect or make excerpts, relating to the employment of employees, from the books, reports, contracts, payrolls, documents, or papers of the person. (c) Keep a record showing the names and addresses of all employees employed and the ages of all minors. (d) Keep, at a central location in the state or at the plants or establishments at which employees are employed, payroll records showing the hours worked daily by and the wages paid to, and the number of piece-rate units earned by and any applicable piece rate paid to, employees employed at the respective plants or establishments. These records shall be kept in accordance with rules established for this purpose by the commission, but in any case shall be kept on file for not less than three years. An employer shall not prohibit an employee from maintaining a personal record of hours worked, or, if paid on a piece-rate basis, piece-rate units earned Personnel Files. (5) Any employer that provides written information to a prospective employer about a current or a former employee shall send, upon the request of such current or former employee, a copy of the information provided to the last-known address of the person who is the subject of the reference. Any person who is the subject of such a reference may obtain a copy of the reference information by appearing at the employer's or former employer's place of business during normal business hours. The employer or former employer may charge a fair and reasonable amount for reproduction costs if multiple copies are requested Colorado Youth Employment Opportunity Act; Age certificates. (1) Any employer desiring proof of the age of any minor employee or prospective employee may require the minor to submit an age certificate. Upon request of a minor, an age certificate shall be issued by or under the authority of the school superintendent of the district or county in which the applicant resides. The superintendents, principals, or headmasters of independent or parochial schools shall issue age certificates to minors who attend such schools. (2) The age certificate shall show the age of the minor, the date of his birth, the date of issuance of the certificate, the name and position of the issuing officer, the name, address, and description of the minor, and what evidence was accepted as proof of age. The age certificate shall also show the school hours applicable and shall state that a separate school release permit is required for minors under sixteen to work on regular school days during such school hours. It shall be signed by the issuing officer and by the minor in his presence. (3) An age certificate shall not be issued unless the minor's birth certificate or a photocopy or extract thereof is exhibited to the issuing officer, or unless such evidence was previously examined by the school authorities and the information is shown on the school records. If a birth certificate is not available, other documentary evidence such as a baptismal certificate or a passport may be accepted. If such evidence is not available, the parent or guardian shall appear with the minor and shall make an oath before the judge or other officer of the juvenile or county court as to the age of the minor. (4) The employer shall keep an age certificate received by him for the duration of the minor's employment and shall keep on file all age certificates where they may be readily examined by an agent of the division. Upon termination of employment and upon request, the certificate shall be returned to the minor Youth Employment Opportunity Act; Proof of high school diploma,

18 passing score on general educational development examination, or completion of vocational education program. Any employer may require proof of a high school diploma, a passing score on the general educational development examination, or completion of a vocational education program. The employer shall be required to maintain a record of such high school diploma, proof of a passing score on the general educational development examination, or completion of a vocational education program Colorado Youth Employment Opportunity Act; Director of division of labor powers and duties rules and regulations. (1) The director shall enforce the provisions of this article. (2) The director shall take the necessary steps to inform employers, school authorities, and the general public regarding the provisions of this article, and he shall work with other public and private agencies to minimize the obstacles to legitimate employment of minors. (3) The director shall receive and investigate complaints and may from time to time visit employers at reasonable times and inspect pertinent records to determine compliance with this article. (4)(a) If investigation of any place of employment or complaint discloses a violation of this article, except section (3), the director shall give the employer written notice describing the violation and specifying the provisions of this article that such employer is allegedly violating. Within ten days of receipt of such notice of violation, the employer may file a written request for a hearing on the issue of whether the violation exists, which hearing shall be conducted in accordance with section , C.R.S. After a hearing concerning a violation of this article, or after the expiration of twenty days after the issuance of a notice of violation during which the employer has neither requested a hearing nor ceased the conduct that constitutes the alleged violation, the director may issue a final order requiring the employer to cease and desist the conduct found to be in violation. At any time thereafter, the director may order the violating employer to pay a penalty of twenty dollars for each offense. Each day that the conduct constituting the violation is continued after the order is made final, and each minor employed in violation of this article, constitutes a separate offense. The order imposing the penalty shall become final upon issuance, and the penalty shall be due and payable thirty days after the order assessing the penalty is entered, unless prior to that time the order has been modified or a hearing on the penalty has been requested as provided by section , C.R.S. All penalties imposed by this section shall be collected as provided in section (b) (I) If investigation of any place of employment or complaint discloses a violation of section (3), the director shall give the employer written notice describing the violation and specifying the provisions of this article that such employer is allegedly violating. Within ten days after receipt of such notice of violation, the employer may file a written request for a hearing on the issue of whether the violation exists, which hearing shall be conducted in accordance with section , C.R.S. After a hearing concerning a violation of section (3), or after the expiration of twenty days after the issuance of a notice of violation during which the employer has neither requested a hearing nor ceased the conduct which constitutes the alleged violation, the director may issue a final order requiring the employer to cease and desist the conduct found to be in violation. At any time thereafter, the director may order the violating employer to pay a penalty pursuant to subparagraph (II) of this paragraph (b). The order imposing the penalty shall become final upon issuance, and the penalty shall be due and payable thirty days after the order assessing the penalty is entered, unless prior to that time the order has been modified or a hearing on the penalty has been requested as provided by section , C.R.S. All penalties imposed by this section shall be collected as provided in section (II) Failure to comply with the provisions of this paragraph (b) shall make the offender liable for administrative fines pursuant to the following penalty schedule: (A) For a first offense,

19 by a fine of not less than two hundred dollars nor more than five hundred dollars; (B) For a second offense within six months after the first offense, by a fine of not less than five hundred dollars nor more than one thousand dollars; (C) For a third or subsequent offense within six months after the first offense, by a fine of not less than one thousand dollars nor more than ten thousand dollars. (5) The findings, orders, and penalties made by the director shall be subject to judicial review pursuant to section , C.R.S. (6) The director may apply for an injunction in any court of competent jurisdiction to enjoin any person from committing any act prohibited by this article. (7) The director, in accordance with section , C.R.S., shall promulgate rules and regulations more specifically defining the occupations and types of equipment permitted or prohibited by this article Personnel Files. (3) Except when requested by the governor or a committee of the general assembly, all papers filed in the department of education which contain personal information about applicants for employment, employees, or holders of teachers' certificates or letters of authorization or about pupils test scores are classified as confidential in nature; however, each teacher has the right to inspect and to have copies made at his expense of all information pertaining to himself on file in the department of education. The teacher may challenge any such record by formal letter or other evidence, which shall be added to the state records. The state board may authorize any material to be added to or removed from a teacher's official records in its custody. It is unlawful for any officer, employee, or other person to divulge, or to make known in any way, any such personal information without the written consent of said applicant, employee, teacher, or pupil; but the information may be divulged or made known in the normal and proper course of administration of programs relating thereto without such written consent. Nothing in this subsection (3) shall be construed in a manner to prohibit the publication of statistics relative to the aforementioned information when so classified as to prevent the identification of teachers or pupils involved in said statistics (2)(a)(II) - (3)(a)(II)(A). Test questions, scoring keys, and other examination data pertaining to administration of a licensing examination, examination for employment, or academic examination; except that written promotional examinations and the scores or results thereof conducted pursuant to the state personnel system or any similar system shall be available for inspection, but not copying or reproduction, by the person in interest after the conducting and grading of any such examination. Public employee personnel files shall be available to the person in interest and to the duly elected and appointed public officials who supervise such person's work Age certificates. (4) The employer shall keep an age certificate received by him for the duration of the minor's employment and shall keep on file all age certificates where they may be readily examined by an agent of the division. Upon termination of employment and upon request, the certificate shall be returned to the minor Wage Equality Regardless of Sex; Records open to inspection. When complaint is made to the division by any employee against any employer for a violation of this article, all books, records, and payrolls of such employer, material and pertinent to such complaint, shall be open for inspection by the division or any of its agents duly appointed for that purpose Minimum Wages of Workers -Powers of director duty of employer.

20 (1) The director, for the purposes of this article, has power to investigate and ascertain the conditions of labor and the wages in the different occupations, whether paid by time rate or piece rate, in the state of Colorado. The director has power, in person or through any authorized representative, to inspect and examine and make excerpts from any books, reports, contracts, payrolls, documents, papers, and other records of any employer that in any way pertain to the question of wages and to require from any such employer full and true statements of the wages paid. (2) Every employer shall keep a register of the names, ages, dates of employment, and residence addresses of all employees. It is the duty of every such employer, whether a person, firm, or corporation, to furnish to the director, upon request, any reports or information which the director may require to carry out the purposes of this article, such reports and information to be verified by the oath of the person, or a member of the firm or the president, secretary, or manager of the corporation, furnishing the same if and when so requested by the director; and the director or any authorized representative shall be allowed free access to the place of business of such employer for the purpose of making any investigation authorized by this article. Sec. 12. Wages-Hours: State Laws, Regulations and Orders, Record Keeping: Every employer shall keep at the place of employment or at the employer s principal place of business in Colorado, a true and accurate record for each employee which contains the following information: a) name, address, social security number, occupation and date of hire of said employee. b) date of birth, if the employee is under eighteen (18) years of age. c) daily record of all hours worked. d) record of allowable credits and declared tips. e) regular rates of pay, gross wages earned, withholdings made and net amounts paid each pay period. An itemized earnings statement of this information shall be provided to each employee each pay period. Such records shall be kept on file at least two years from date of entry. Sec Fair Employment; Record preservation. (A) Retention of Records During Processing of Charge or Complaint. In situations where a charge or complaint of discrimination is filed pursuant to Parts 3 Through 7 of Article 34 of Title 24, C.R.S. (1988), as amended, all relevant records shall be kept until final disposition. Relevant records include personnel or employment records relating to the charging party or complainant and to all employees holding similar positions to the one the charging party or complainant held or sought, as well as application forms or test papers of all candidates for the positions, registration records, offers, leases, contracts, correspondence, business records, etc. Final disposition of the charge or complaint occurs when the statutory time periods for all appeals have expired. (B) The failure to comply with this regulation shall create a rebuttable presumption, either by the commission, or the hearing examiner, that the records contained information adverse to the interests of the party. Connecticut Sec Employment Practices:. Family Medical Leave; Recordkeeping requirements. Federal law requires that specified records be kept for all employees taking FML. These records must be kept for three years. Any medical information must be maintained in a separate confidential medical file in accordance with ADA requirements and chapter PROTECTION OF EMPLOYEES; Employment of minors. (d) Each person who employs a minor under the age of eighteen years shall obtain a certificate stating the age of such minor as provided in section Such certificates shall be kept on file at the place of employment and shall be available at a Access to Personnel Files. Each employer shall, within a reasonable time after receipt of a written request from an employee, permit such employee to inspect his personnel file if such a file exists. Such inspection shall take place during regular

21 business hours at a location at or reasonably near the employee's place of employment. Each employer who has personnel files shall be required to keep any personnel file pertaining to a particular employee for at least one year after the termination of such employee's employment. Each employer shall, within a reasonable time after receipt of a written request from an employee, permit an inspection of medical records pertaining to such employee which may be in such employer's possession. Such inspection shall take place during regular business hours at a location at or reasonably near the employee's place of employment and shall be made by a physician chosen by such employee or by a physician chosen by the employer with such employee's consent. Each employer that has medical records shall be required to keep any medical records pertaining to a particular employee for at least three years following termination of employment. Medical records, if kept by an employer, shall be kept separately and not as part of any personnel file. Nothing in this chapter shall be construed as a requirement that an employee or his physician be permitted to remove his personnel file or medical records or any part of such file or records from the place on the employer's premises where it is made available for inspection. Each employer shall retain the right to protect his files and records from loss, damage or alteration to insure their integrity. Each employer may require that inspection of any personnel file or medical records take place in the presence of a designated official. If upon inspection of his personnel file or medical records an employee disagrees with any of the information contained in such file or records, removal or correction of such information may be agreed upon by such employee and his employer. If such employee and employer cannot agree upon such removal or correction then such employee may submit a written statement explaining his position. Such statement shall be maintained as part of such employee's personnel file or medical records and shall accompany any transmittal or disclosure from such file or records made to a third party. No individually identifiable information contained in the personnel file or medical records of any employee shall be disclosed by an employer to any person or entity not employed by or affiliated with the employer without the written authorization of such employee except where the information is limited to the verification of dates of employment and the employee's title or position and wage or salary or where the disclosure is made: (1) To a third party that maintains or prepares employment records or performs other employment-related services for the employer; (2) pursuant to a lawfully issued administrative summons or judicial order, including a search warrant or subpoena, or in response to a government audit or the investigation or defense of personnel-related complaints against the employer; (3) pursuant to a request by a law enforcement agency for an employee's home address and dates of his attendance at work; (4) in response to an apparent medical emergency or to apprise the employee's physician of a medical condition of which the employee may not be aware; (5) to comply with federal, state or local laws or regulations; or (6) where the information is disseminated pursuant to the terms of a collective bargaining agreement. Where such authorization involves medical records the employer shall inform the concerned employee of his or his physician's right of inspection and correction, his right to withhold authorization, and the effect of any withholding of such authorization upon such employee. Each employer shall, within a reasonable time after receipt of a written request from an employee, provide such employee with a copy of all or part of his personnel file or provide such employee's physician with a copy of such employee's medical records, provided such request reasonably identifies the materials to be copied. Such employer may charge a fee for copying such file or records or any part of such file or records. Such fee shall be reasonably related to the cost of supplying the requested documents. No employer shall be required to permit an inspection of any employee's personnel file or medical records on more than two occasions in any calendar year b (a) Each employer shall, not more than seven business days after receipt of a

22 written request from an employee, permit such employee to inspect, and if requested, copy his or her personnel file if such a file exists. Such inspection shall take place during regular business hours at a location at or reasonably near the employee's place of employment. Each employer who has personnel files shall be required to keep any personnel file pertaining to a particular employee for at least one year after the termination of such employee's employment. (b) Each employer shall, not more than ten business days after receipt of a written request from a former employee, permit such former employee to inspect, and if requested, copy his or her personnel file if such a file exists, provided the employer receives such written request not later than one year after the termination of such former employee's employment with the employer. Such inspection shall take place during regular business hours at a location mutually agreed upon by the employer and former employee. If the employer and former employee cannot agree upon a location to conduct such inspection, the employer may satisfy the requirements of this subsection by mailing a copy of the former employee's personnel file to the former employee not more than ten business days after receipt of the written request from the former employee. (c) Each employer shall provide an employee with a copy of any documentation of any disciplinary action imposed on that employee not more than one business day after the date of imposing such action. Each employer shall immediately provide an employee with a copy of any documented notice of that employee's termination of employment. Sec. 2. Section e of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013): (a) If, upon inspection of his or her personnel file or medical records, an employee disagrees with any of the information contained in such file or records, removal or correction of such information may be agreed upon by such employee and his or her employer. If such employee and employer cannot agree upon such removal or correction then such employee may submit a written statement explaining his or her position. Such statement shall be maintained as part of such employee's personnel file or medical records and shall accompany any transmittal or disclosure from such file or records made to a third party. (b) Each employer shall include a statement in clear and conspicuous language in any documented disciplinary action, notice of termination of such employee's employment or performance evaluation that the employee may, should the employee disagree with any of the information contained in such documented disciplinary action, notice of termination or performance evaluation, submit a written statement explaining his or her position. Such employee statement shall be maintained as part of such employee's personnel file and shall accompany any transmittal or disclosure from such file or records made to a third party. Sec. 3. Subsection (b) of section 31-69a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013): (b) Any employer, officer, agent or other person who violates any provision of chapter 563a may be liable to the Labor Department for a civil penalty of not greater than five hundred dollars for the first violation of chapter 563a related to an individual employee or former employee, and for each subsequent violation of said chapter related to such individual employee or former employee, may be liable to the Labor Department for a civil penalty of not greater than one thousand dollars. In setting a civil penalty for any violation in a particular case, the Labor Commissioner shall consider all factors which the commissioner deems relevant, including, but not limited to, (1) the level of assessment necessary to insure immediate and continued compliance with the provisions of chapter 563a; (2) the character and degree of impact of the violation; and (3) any prior violations of such employer of chapter 563a c. Employee access to medical records. Employer's duties re maintaining medical records. Each employer shall, within a reasonable time after receipt of a written request from an employee, permit an inspection of medical records pertaining to such employee which may be in such employer's possession. Such inspection shall take place during regular business hours at a location at or reasonably near the employee's place of employment and shall be made by a physician chosen by such

23 employee or by a physician chosen by the employer with such employee's consent. Each employer that has medical records shall be required to keep any medical records pertaining to a particular employee for at least three years following termination of employment. Medical records, if kept by an employer, shall be kept separately and not as part of any personnel file d. Employer's right to retain files on premises. Nothing in this chapter shall be construed as a requirement that an employee or his physician be permitted to remove his personnel file or medical records or any part of such file or records from the place on the employer's premises where it is made available for inspection. Each employer shall retain the right to protect his files and records from loss, damage or alteration to insure their integrity. Each employer may require that inspection of any personnel file or medical records take place in the presence of a designated official a (a) In addition to the penalties provided in this chapter and chapter 568, any employer, officer, agent or other person who violates any provision of this chapter, [or] chapter 563a, chapter 557 or subsection (g) of section , shall be liable to the Labor Department for a civil penalty of three hundred dollars for each violation of said chapters and for each violation of subsection (g) of section , except that any person who violates (1) a stop work order issued pursuant to subsection (c) of section 31-76a, shall be liable to the Labor Department for a civil penalty of one thousand dollars and each day of such violation shall constitute a separate offense, and (2) any provision of section 31-12, or 31-14, subsection (a) of section or section 31-18, or shall be liable to the Labor Department for a civil penalty of six hundred dollars for each violation of said sections. (b) The Attorney General, upon complaint of the Labor Commissioner, shall institute civil actions to recover the penalties provided for under subsection (a) of this section. Any amount recovered shall be deposited in the General Fund and credited to a separate nonlapsing appropriation to the Labor Department, for other current expenses, and may be used by the Labor Department to enforce the provisions of chapter 557, chapter 563a, this chapter and subsection (g) of section and to implement the provisions of section (a) No employer shall discriminate in the amount of compensation paid to any employee [solely] on the basis of sex. Any difference in pay based on sex shall be deemed a discrimination within the meaning of this section. [, provided nothing herein shall be deemed to prevent the operation of employment practices which recognize length of service or merit rating as a factor in determining wage or salary rates. (b) If an employee can demonstrate that his or her employer discriminates on the basis of sex by paying wages to employees at the employer's business at a rate less than the rate at which the employer pays wages to employees of the opposite sex at such business for equal work on a job, the performance of which requires equal skill, effort and responsibility, and which are performed under similar working conditions, such employer must demonstrate that such differential in pay is made pursuant to (1) a seniority system; (2) a merit system; (3) a system which measures earnings by quantity or quality of production; or (4) a differential system based upon a bona fide factor other than sex, such as education, training or experience. Said bona fide factor defense shall apply only if the employer demonstrates that such factor (A) is not based upon or derived from a sex-based differential in compensation, and (B) is job-related and consistent with business necessity. Such defense shall not exist where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice. (c) No employer shall discharge, expel or otherwise discriminate against any person because such person has opposed any discriminatory compensation practice or because such person has filed a complaint or testified or assisted in any proceeding pursuant to section 31-76, as amended by this

24 act Wages; Discrimination in compensation on the basis of sex. Enforcement by commissioner. Civil action. When discrimination in compensation occurs. Limitation of action (a) The Labor Commissioner shall carry out the provisions of section 31-75, as amended by this act, either upon complaint or upon [his] the commissioner's own motion. For this purpose, the commissioner, or [his] the commissioner's authorized representative, may enter places of employment, inspect payrolls, investigate work and operations on which employees are engaged, question employees and take such action as is reasonably necessary to determine compliance with section 31-75, as amended by this act. [Any] At the request of any employee who has received less than the wage to which the employee is entitled under section 31-75, as amended by this act, the commissioner may take an assignment of such wage claim in trust and may bring any legal action necessary to collect such claim. In any action brought by the commissioner, the employer who violates the provisions of section 31-75, as amended by this act, [shall be] may be found liable to the employee or the employees affected for the difference between the amount of wages paid and the maximum wage paid any other employee for equal work, compensatory damages and, if the violation is found to be intentional or committed with reckless indifference to the employee's or employees' rights under section 31-75, as amended by this act, punitive damages. [Action to recover such difference may be maintained in any court of competent jurisdiction by any one or more employees. ] Any agreement to work for less than the wage to which such employee is entitled under section 31-75, as amended by this act, shall not be a defense to such action. [At the request of any employee who has received less than the wage to which he is entitled under section 31-75, the commissioner may take an assignment of such wage claim in trust and may bring any legal action necessary to collect such claim. If judgment is rendered against an employer in any civil action brought to collect wages under the provisions of this section, the employer shall be required to pay the taxable costs and such reasonable attorney's fees as may be allowed by the court. (b) Unless and except to the extent that a wage claim has been assigned to the commissioner pursuant to subsection (a) of this section, an action to redress a violation of section 31-75, as amended by this act, may be maintained in any court of competent jurisdiction by any one or more employees. Any agreement to work for less than the wage to which such employee is entitled under section 31-75, as amended by this act, shall not be a defense to such action. An employer who violates section 31-75, as amended by this act, may be found liable for the difference between the amount of wages paid and the maximum wage paid any other employee for equal work, compensatory damages, attorney's fees and costs, punitive damages if the violation is found to be intentional or committed with reckless indifference to the employee's or employees' rights under section 31-75, as amended by this act, and such legal and equitable relief as the court deems just and proper. (c) For purposes of this section, discrimination in compensation under section 31-75, as amended by this act, occurs when a discriminatory compensation decision or practice is adopted, when an individual is subject to a discriminatory compensation decision or practice, or when an individual is affected by application of a discriminatory compensation decision or practice, and shall be deemed to be a continuing violation each time wages, benefits or other compensation is paid, resulting in whole or in part from such a decision or practice. (d) No action shall be brought or any prosecution instituted for any violation of section 31-75, as amended by this act, [unless within one year after the commission of the act complained of. Any person who violates section or any employer who discriminates in any manner against any employee because such employee has filed a complaint or taken any other action as herein provided shall, upon conviction, be fined for each violation not more than two hundred dollars except within two years after such violation or any act described in subsection (c) of this section, or within three years if such violation is intentional or committed

25 with reckless indifference a. Employment applications to be obtained and retained in secure manner. Penalties. (a) Each employer shall obtain and retain employment applications in a secure manner and shall employ reasonable measures to destroy or make unreadable such employment applications upon disposal. Such measures shall, at a minimum, include the shredding or other means of permanent destruction of such employment applications in a secure setting. For purposes of this section, "employer" shall have the meaning prescribed to such term in section a. (b) Any person or entity that violates the provisions of this section shall be subject to a civil penalty of five hundred dollars for each violation, provided such civil penalty shall not exceed five hundred thousand dollars for any single event. (c) The provisions of this section shall not apply to any agency or political subdivision of the state. (d) Any civil penalties received pursuant to this section shall be deposited into the privacy protection guaranty and enforcement account established pursuant to section a c. Employee access to medical records. Employer's duties re maintaining medical records. Each employer shall, within a reasonable time after receipt of a written request from an employee, permit an inspection of medical records pertaining to such employee which may be in such employer's possession. Such inspection shall take place during regular business hours at a location at or reasonably near the employee's place of employment and shall be made by a physician chosen by such employee or by a physician chosen by the employer with such employee's consent. Each employer that has medical records shall be required to keep any medical records pertaining to a particular employee for at least three years following termination of employment. Medical records, if kept by an employer, shall be kept separately and not as part of any personnel file. Sec MINIMUM WAGES-Employers' records. Orders to be posted. Each employer subject to the provisions of this part, unless exempted by regulation issued by the commissioner or as hereinafter provided, shall keep at the place of employment for a period of three years a true and accurate record of the hours worked by, and the wages paid by him to, each employee, as required by the applicable regulations issued by the Labor Commissioner, and shall furnish to the commissioner or his authorized representative, upon demand, a sworn statement of the same provided if the place of employment is designed primarily as an establishment for the housing and use of coinoperated service or vending machines, such records may be kept by the employer in some location approved by the commissioner other than at the place of employment. Such records shall be open to inspection by the commissioner or his authorized representative at any reasonable time. Each employer subject to this part or to a minimum fair wage order shall keep a copy of such order and the regulations issued by the Labor Commissioner posted at the place of employment where it can be read easily by the employees. Employers shall be furnished copies of orders and regulations on request, without charge. Sec oo. Family and medical leave: Confidentiality of medical records and documents. Records and documents relating to medical certifications, recertifications or medical histories of employees or employees' family members, created for purposes of sections 5-248a and 31-51kk to 31-51qq, inclusive, shall be maintained as medical records pursuant to chapter 563a, except that: (1) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of an employee and necessary accommodations; (2) first aid and safety personnel may be informed, when appropriate, if the employee's physical or medical condition might require emergency treatment; and (3) government officials investigating compliance with sections 5-248a and 31-51kk to 31-51qq, inclusive, or other pertinent law shall be provided relevant information upon request.

26 Sec qq-38 The Family and Medical Leave Act; Recordkeeping. Records and documents relating to medical certifications, recertifications or medical histories of employees or employees' family members, created for purposes of the Act, shall be maintained as medical records pursuant to chapter 563a of the general statutes, and if ADA is also applicable, such records shall be maintained in conformance with ADA confidentiality requirements (see 29 C.F.R (c) (1)), except that (1) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of an employee and necessary accommodations; (2) first aid and safety personnel may be informed, when appropriate, if the employee's physical or medical condition might require emergency treatment; and (3) government officials investigating compliance with the Act or other pertinent law shall be provided relevant information upon request. Delaware Sec b-9. Parental and Medical Leave; Reporting of family and medical leave use. (a) On or before April 1st of each year, each appointing authority shall submit a report to the Commissioner of Administrative Services setting forth: (1) The number of family and medical leaves granted and their duration. (2) The number of family and medical leaves denied and the reasons for denial. (3) An assessment of the impact of family and medical leave use on the work of the department, including use of overtime, replacement and other relevant information. (b) On or before July 1 of each year, the Commissioner of Administrative Services shall report to the General Assembly on the extent of use of leaves of absence, and the impact of such use on state employment. 19: Access to Personnel Files. An employer shall, at a reasonable time, upon request of an employee, permit that employee to inspect that employee's own personnel files used to determine that employee's own qualifications for employment, promotion, additional compensation, termination or disciplinary action. The employer shall make these records available during the regular business hours of the office where these records are usually and ordinarily maintained, when sufficient time is available during the course of a regular business day to inspect the personnel files in question. The employer may require the requesting employee to inspect such records on the free time of the employee. At the employer's discretion, the employee may be required to file a written form to request access to the personnel file. This form is solely for the purpose of identifying the requesting individual to avoid disclosure to ineligible individuals. To assist the employer in providing the correct records to meet the employee's need, the employee shall indicate in the written request either the purpose for which the inspection is requested or the particular parts of the employee's personnel record which the employee wishes to inspect. Nothing in this subchapter shall be construed as a requirement that an employee be permitted to remove the employee's own personnel file, any part thereof or a copy of the contents of such file from the place of the employer's premises where it is made available for inspection. The taking of notes by employees is permitted. The employer shall retain the right to protect the employer's files from loss, damage or alteration to insure the integrity of the files. The employer may require inspection of the personnel file in the presence of a designated official. The employer must allow sufficient inspection time, commensurate with the volume content of the file. Except for reasonable cause the employer may limit inspection to once every calendar year. If upon inspection of the employee's personnel file an employee disagrees with any of the information contained in such file or records, removal or correction of such information may be agreed upon by such employee and the employee's employer. If such employee and employer cannot agree upon such removal or correction then such employee may submit a written statement explaining the employee's position. Such statement shall be maintained as part of such employee's personnel file or medical records and shall accompany any transmittal or disclosure from such file or records made to a third

27 District of Columbia party RECORDS MANAGEMENT AND PRIVACY OF RECORDS; Policy; issuance of rules and regulations. All official personnel records of the District government shall be established, maintained, and disposed of in a manner designed to ensure the greatest degree of applicant or employee privacy while providing adequate, necessary, and complete information for the District to carry out its responsibilities under this chapter. Such records shall be established, maintained, and disposed of in accordance with rules and regulations issued by the Mayor (a)(1) The official personnel record of a District employee shall be disclosed to the employee or any representative of his or her choice. All such disclosure shall be made in the presence of a representative of the agency having custody of the records. (2) The following information which may be in an official personnel record shall not be disclosed to any employee: (A) Information which has been received on a confidential basis from a person under an agreement that the identity of the source of the information will not be disclosed: Provided, however, that such information may be disclosed if all information identifying the source of the information is deleted in such a manner to positively preclude identity of the source; (B) Medical information, which, in the judgment of the employee's physician would be injurious to the health of the employee, if disclosed; (C) Criminal investigative reports; (D) Suitability inquiries and confidential questionnaires undertaken in accordance with rights afforded under this chapter; and (E) Test and examination materials which may continue to be used for selection and promotion purposes: Provided, however, that the description of test and general results thereof shall be disclosed. b) Each employee shall have the right to present information immediately germane to any information contained in his or her official personnel record and seek to have irrelevant, immaterial, or untimely information removed from the record. (c) For the purpose of this subchapter, information other than a record of official personnel action is untimely if it concerns an event more than 3 years in the past upon which an action adverse to an employee may be based. Immaterial, irrelevant, or untimely information shall be removed from the official record upon the finding by the agency head that the information is of such a nature. Prior to the removal of any information in the file, the employer shall notify the employee and give him or her an opportunity to be heard GOVERNMENT ORGANIZATIONS; RECORDS MANAGEMENT AND PRIVACY OF RECORDS;Transfer of official personnel folders. The system for the maintenance of the official personnel folder established under shall provide for the transfer of folders between agencies of the District government subject to this chapter when employees transfer from I agency to another MINIMUM WAGES. Duties of employers; open records. (a)(1) Every employer subject to any provision of this subchapter or of any regulation or order issued under this subchapter shall make, keep,and preserve for a period of not less than 3 years a record of: (A) The name, address, and occupation of each employee; (B) A record of the date of birth of any employee under 19 years of age; (C) The rate of pay and the amount paid each pay period to each employee; (D) The hours worked each day and each workweek by each employee; and (E) Any other records or information as the Mayor shall prescribe by regulation as necessary or appropriate for the enforcement of the provisions of this subchapter or of the regulations issued under this subchapter. (2) Any records shall be open and made available for inspection or transcription by the Mayor or the Mayor's authorized representative at any reasonable time. Every employer shall furnish the Mayor or to the Mayor's authorized representative on demand a sworn statement of records and information upon forms prescribed or approved by the

28 Mayor. (b) Every employer shall furnish to each employee at the time of payment of wages an itemized statement showing the date of the wage payment, gross wages paid, deductions from and additions to wages, net wages paid, hours worked during the pay period, and any other information as the Mayor may prescribe by regulation EMPLOYMENT OF MINORS. Employment of minors under 18 years of age; hours of employment; notice to be posted in place of employment; list of minors employed. Every employer shall post and keep conspicuously posted in the establishment, in or about which any minor is employed, permitted, or suffered to work, a printed notice, furnished by the official authorized to enforce this subchapter, setting forth the legal regulations governing the employment and hours of work of minors and occupations prohibited to minors in such establishments, and, in addition, shall keep accessible in the place of employment a list of minors under 18 employed, permitted, or suffered to work, and an accurate time record showing the hours of beginning and ending work each day. The presence of any such minor in the place of work for a longer time in the day or week than stated in the printed regulation hours shall be prima facie evidence of a violation of the provisions of this section HUMAN RIGHTS LAW. PROHIBITED ACTS OF DISCRIMINATION. General Requirements. Records and reports. (a) Every person subject to this chapter shall preserve any regularly kept business records for a period of 6 months from the date of the making of the record, or from the date of the action which is the subject of the record, whichever is longer; such records shall include, but not be limited to, application forms submitted by applicants, sales and rental records, credit and reference reports, personnel records, and any other record pertaining to the status of an individual's enjoyment of the rights and privileges protected or granted under this chapter. (b) Where a charge of discrimination has been filed against a person under this chapter, the respondent shall preserve all records which may be relevant to the charge or action, until a final disposition of the charge in accordance with subsection (c) of this section. (c) All persons subject to this chapter shall furnish to the Office, at the time and in the manner prescribed by the Office, such reports relating to information under their control as the Office may require. The identities of persons and properties contained in reports submitted to the Office under the provisions of this section shall not be made public HUMAN RIGHTS LAW. PROHIBITED ACTS OF DISCRIMINATION. Employment. Reports and records. Every employer, employment agency, and labor organization, subject both to this chapter and to title VII of the Civil Rights Act of 1964, as amended, is to furnish to the Office, all reports that may be required by the Equal Employment Opportunity Commission established under the Civil Rights Act of Employment Practices: Disclosures. Documents in the complaint file shall be made available to the parties through a FOIA request after an administrative dismissal, withdrawal of the complaint, or after the issuance of an LOD Employment Practices: Disclosures. If an LOD has been issued, only the parties can request the documents after a reconsideration. The complaint file is considered confidential and only the parties may request documents in the official complaint file Employment Practices: Disclosures. Internal agency communications, mediation documents, investigator's notes, supervisory memoranda of instructions, and

29 Florida recommendations shall not be made available to the parties The request for documents shall be made pursuant to FOIA A law enforcement officer or correctional officer has the right to review his or her official personnel file at any reasonable time under the supervision of the designated records custodian. A law enforcement officer or correctional officer may attach to the file a concise statement in response to any items included in the file identified by the officer as derogatory, and copies of such items must be made available to the officer (e) Upon request, a school employee, or any person designated in writing by a school employee, shall be permitted to examine the personnel file of such employee. The employee shall be permitted conveniently to reproduce any materials in the file, at a cost no greater than the fees prescribed in s (1). (f) The custodian of the record shall maintain a record in the file of those persons reviewing the file each time it is reviewed (1) Each university shall adopt rules prescribing the content and custody of limited-access records that the university may maintain on its employees. Such limited-access records are confidential and exempt from the provisions of s (1). Such records are limited to the following: (a) Records containing information reflecting academic evaluations of employee performance shall be open to inspection only by the employee and by officials of the university responsible for supervision of the employee STATE EMPLOYMENT; TITLE X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS (4) Each state agency shall keep an accurate record of all hours of work performed by each employee, as well as a complete and accurate record of all authorized leave which is approved. The ultimate responsibility for the accuracy and proper maintenance of all attendance and leave records shall be with the agency head. (5) Rules shall be adopted by the department in cooperation and consultation with the agencies to implement the provisions of this section; however, such rules must be approved by the Administration Commission prior to their adoption. Such rules must provide for, but need not be limited to: (a) The maximum responsibility and authority resting with each agency head to administer attendance and leave matters in the agency within the parameters of the rules adopted by the department. (b) Creditable service in which 1 month of service credit is awarded for each calendar month that the employee is on the payroll of a state agency or during which the employee is on authorized leave without pay. (c) Holidays as provided in s (d) Overtime provisions. (e) Annual leave provisions. (f) Sick leave provisions. (g) Parental leave provisions. (h) Family medical leave provisions. (i) Disability leave provisions. (j) Compulsory disability leave provisions. (k) Administrative leave provisions. (l) Military leave provisions. (m) Educational leave with pay provisions. (n) Leave of absence without pay provisions CHILD LABOR; Proof of age; posting of notices. (1) Any person who hires, employs, or suffers to work any child shall, in addition to the limitations provided in this part, first obtain and keep on record during the entire period of such employment proof of the child's age. This requirement shall be satisfied by: (a) A photocopy of the child's birth certificate; (b) A photocopy of the child's driver's license; (c) An age certificate issued by the district school board of the district in which the child is employed, certifying the child's date of birth; or (d) A photocopy of a passport or visa which lists the child's date of birth. (2) Any person who hires, employs, or suffers to work any minor shall post at a conspicuous place on the property or place of employment, where it may be easily read, a poster notifying

30 minors of the Child Labor Law, to be provided by the division upon request. Sec. 61L CHILD LABOR; Response to Request for Inspection of Records. Employers shall provide the Division with any and all records and documentation required to be kept by the Child Labor Law, these rules, or any other federal or state statute regulating employment of minors, immediately upon request for inspection of such records. Where records are kept in a location other than the immediate situs where the request to inspect is made, the employer shall immediately notify the Division, and shall produce the records within two (2) working days so that inspection of the records may take place. Georgia 60Y PROCEEDINGS UPON COMPLAINTS OF UNLAWFUL EMPLOYMENT PRACTICE (Formerly 9D-9); Complaints. (10) Maintenance of Records. Once a complaint has been served on a respondent, the respondent shall preserve all records and other evidence which may pertain to the complaint until the matter has been finally determined PUBLIC OFFICERS AND EMPLOYEES; When an employee of the state or of a county, municipality, or..... When an employee of the state or of a county, municipality, or school district is terminated and, as a condition of a settlement agreement, the personnel file of the employee is to be partially or totally purged, the former employee's personnel records, including both the personnel file and any associated work history records, shall be clearly designated with a notation that such records have been purged as a condition of a settlement agreement. Such notation shall be disclosed to any subsequent governmental entity seeking information as to a former employee's work history for the sole purpose of making a hiring decision PHYSICAL EXAMINATION OF STATE EMPLOYEES; If a physical examination is required, the examining medical....if a physical examination is required, the examining medical practitioner shall make a report certifying that the prospective employee has been examined and certified as not having any condition that would impair the fulfillment of the prescribed duties of the employment. However, if a condition exists which would impair the fulfillment of the prescribed duties, the medical practitioner shall identify such condition, the employing agency shall provide reasonable accommodation to the extent required by the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., and the medical practitioner shall certify that the prospective employee, with the accommodation, meets the standards of medical and physical fitness for the position. Additional confidential medical information should be given only with the consent of the applicant. The examining medical practitioner shall complete the necessary forms and findings in accordance with the rules of the State Personnel Board. All such medical information shall be retained in a separate, confidential file and not as a part of the personnel file RULES OF COMMISSION ON EQUAL OPPORTUNITY; ADMINISTRATION; Records, Reports. (1) Each person subject to the Fair Employment Practices Act of 1978, as amended, who controls an apprenticeship or other training program shall keep all records reasonably necessary to carry out the purposes of said Act including, but not limited to, a list of applicants who wish to participate in such program, including the chronological order in which such applications were received. Such records shall be furnished to the Administrator upon the Administrator's request. The Administrator may also request and receive a detailed description of the manner in which persons are selected to participate in the apprenticeship or other training program. (2) Any person subject to this article shall make and keep such records as may be reasonably necessary and relevant to the

31 determination of whether an unlawful practice has been or is being committed, and shall make such reports therefrom as are reasonably necessary or appropriate for the enforcement of the Fair Employment Practices Act of 1978, as amended, or orders or regulations under that Act. (3) Records and reports required by the Administrator shall conform as closely as practicable to similar records and reports required by federal law and to customary record keeping practices FAIR EMPLOYMENT PRACTICES;(a) In connection with an investigation of a complaint of an....(a) In connection with an investigation of a complaint of an unlawful practice filed under this article, the administrator or the administrator's designee shall have access at any reasonable time to premises, records, and documents relevant to the complaint and shall have the right to examine, photograph, and copy evidence. (b) Any person subject to this article shall: (1) Make and keep such records as may be prescribed by rules and regulations of the administrator which are necessary and relevant to the determination of whether an unlawful practice has been or is being committed; and (2) Make such reports therefrom as the administrator shall prescribe by rules and regulations which are reasonable, necessary, or appropriate for the enforcement of this article or orders or regulations under this article. (c) If a person fails to permit access, examination, photographing, or copying or fails to make or keep records or reports as required by this Code section, the administrator may issue an order requiring compliance. Upon a failure to comply with the order of the administrator, the administrator may apply to the superior court for an order directing compliance. (d) The administrator, by regulation, shall require each person subject to this article who controls an apprenticeship or other training program to keep all records reasonably necessary to carry out the purposes of this article, including, but not limited to, a list of applicants who wish to participate in such program, including the chronological order in which such applications were received. Such records shall be furnished to the administrator upon the administrator's request. The administrator may also request and receive a detailed description of the manner in which persons are selected to participate in the apprenticeship or other training program. (e) Records and reports required by the administrator under this Code section shall conform as closely as practicable to similar records and reports required by federal law and to customary record-keeping practices. (f) An employer or other person who believes that the application to them of an order issued under this article would result in undue hardship may apply to the administrator for relief from the application of the order. If the administrator finds that the application of the regulation or order to the employer or person in question would impose an undue hardship, the administrator may grant appropriate relief. (g) With respect to a particular employer or person, it is unlawful without the employer's or the person's consent for the administrator or an employee of the administrator to make public information obtained by the administrator or the administrator's employees pursuant to the administrator's authority under this Code section, except such information as shall reasonably be necessary to the conduct of a proceeding under this article MINIMUM WAGE LAW- Every employer subject to this chapter or any regulation pursuant....every employer subject to this chapter or any regulation pursuant thereto shall maintain records showing the hours worked by each employee and the wages paid to him and shall furnish to the Commissioner upon demand a sworn statement of the hours worked and wages paid to each person in his or its employment covered by this chapter. The records covering such hours and payments shall be open to inspection by the Commissioner, his deputy, or any authorized agent of the department at any reasonable time. Each employer subject to this chapter shall post copies of any regulation or order issued pursuant to its provisions in a conspicuous place in an area frequented by his employees.

32 Hawaii INSPECTION CHILD LABOR REGULATIONS; CHILD LABOR HAZARDOUS OCCUPATIONS; Time of Inspection and Pertinent Records. The Commissioner of Labor shall inspect, or cause to be inspected by his designated representative or representatives at a reasonable time any employer or establishment where a minor is employed. The required work certificates and pertinent records (evidencing hours worked by minor) must be available at location where work is performed. 92F-21 Each public agency that maintains any accessible personal record shall make that record available to the individual to whom it pertains, in a reasonably prompt manner and in a reasonably intelligible form. Where necessary the agency shall provide a translation into common terms of any machine readable code or any code or abbreviation employed for internal agency use. 92F-22 An agency is not required by this part to grant an individual access to personal records, or information in such records: (1) Maintained by an agency that performs as its or as a principal function any activity pertaining to the prevention, control, or reduction of crime, and which consist of: (A) Information or reports prepared or compiled for the purpose of criminal intelligence or of a criminal investigation, including reports of informers, witnesses, and investigators; or (B) Reports prepared or compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through confinement, correctional supervision, and release from supervision. (2) The disclosure of which would reveal the identity of a source who furnished information to the agency under an express or implied promise of confidentiality. (3) Consisting of testing or examination material or scoring keys used solely to determine individual qualifications for appointment or promotion in public employment, or used as or to administer a licensing examination or an academic examination, the disclosure of which would compromise the objectivity, fairness, or effectiveness of the testing or examination process. (4) Including investigative reports and materials, related to an upcoming, ongoing, or pending civil or criminal action or administrative proceeding against the individual. (5) Required to be withheld from the individual to whom it pertains by statute or judicial decision or authorized to be so withheld by constitutional or statutory privilege. 92F-23 Upon the request of an individual to gain access to the individual's personal record, an agency shall permit the individual to review the record and have a copy made within ten working days following the date of receipt of the request by the agency unless the personal record requested is exempted under section 92F-22. The ten-day period may be extended for an additional twenty working days if the agency provides to the individual, within the initial ten working days, a written explanation of unusual circumstances causing the delay Employer notice, posting and recordkeeping requirements; Furnishing of pay data; Enforcement; Director's rights and duties (Eff. until 1/1/2014) (a) Every employer shall keep in or about the premises wherein any employee is employed a record of the name, address, and occupation of each such employee, of the amount paid each pay period to each such employee, of the hours worked each day and each work week by each such employee, and of such other information and for such periods of time as the director of labor and industrial relations may by regulation prescribe. The director or his authorized representative shall for the purpose of examination have access to and the right to copy from such records. Every employer shall furnish to the director or the director's authorized representative such information relating to the employment of workers and in such manner as the director may prescribe. (b) Every employer shall post and keep posted such notices pertaining to the

33 application of the law as shall be prescribed by the director in conspicuous places in every establishment where any employee is employed so as to permit the employee to observe readily a copy on the way to or from the employee's place of employment. (c) Every employer shall furnish each employee at every pay period a legible printed, typewritten, or handwritten notice showing the employee's: (1) Total hours worked; (2) Overtime hours; (3) Straight-time compensation; (4) Overtime compensation; (5) Other compensation; (6) Total gross compensation; (7) Amount and purpose of each deduction; (8) Total net compensation; (9) Date of payment; and (10) Pay period covered. provided that in lieu of the printed, typewritten, or handwritten notice required by this subsection and upon receipt of written authorization from the employee, the employer may provide an electronic notice that may be electronically accessed by the employee. (d) The director shall cause this chapter to be printed and copies thereof shall be furnished to interested persons upon request without charge. Copies of orders of the director and of rules and regulations of the director shall also be furnished to employers affected thereby without charge. (e) Every employer shall permit the director or his authorized representative to confer with and interrogate any employee of the employer at the place of employment and during working hours with respect to any matter cognizable under this chapter Employer notice, posting and recordkeeping requirements; Furnishing of pay data; Enforcement; Director's rights and duties (Eff. 1/1/2014) (a) Every employer shall keep in or about the premises wherein any employee is employed a contemporaneous, true, and accurate record of: (1) The name, address, and occupation of each employee; (2) The amount paid each pay period to each employee; (3) The hours worked each day and each work week by each employee; (4) The rate or rates of pay of each employee and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other basis; gross wages; deductions; allowances, if any, claimed as part of the minimum wage; and net wages; and (5) Any other information and for the periods of time as the director may by rule prescribe. The director or his authorized representative shall for the purpose of examination have access to and the right to copy the records. Every employer shall furnish to the director or the director's authorized representative any information relating to the employment of workers and in any manner as the director may prescribe. (b) Every employer shall post and keep posted such notices pertaining to the application of the law as shall be prescribed by the director in conspicuous places in every establishment where any employee is employed so as to permit the employee to observe readily a copy on the way to or from the employee's place of employment. (c) Every employer shall furnish each employee at every pay period a legible printed, typewritten, or handwritten record showing the following: (1) The name of the employee; (2) The name of the employer; (3) The address and telephone number of the employer; (4) The employee's total hours worked; (5) The employee's regular and overtime hours; (6) The employee's straighttime compensation; (7) The employee's overtime compensation; (8) Any other compensation, including allowances, if any, claimed as part of the minimum wage; (9) The employee's total gross compensation; (10) The amount and purpose of each deduction; (11) The employee's total net compensation; (12) The date of payment; (13) The pay period covered; and (14) The rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other basis, including overtime rate or rates of pay. For employees paid a piece rate, the record shall indicate the applicable piece rate or rates of pay, and the number of pieces completed at each piece rate; provided that in lieu of the printed, typewritten, or handwritten record required by this subsection and upon receipt of written authorization from the employee, the employer may provide an electronic record that may be electronically accessed by the employee. (d) The director shall cause this chapter to be printed and copies thereof shall be furnished to interested persons upon request without charge. Copies of orders of the director and of rules and regulations of the director shall also

34 be furnished to employers affected thereby without charge. (e) Every employer shall permit the director or his authorized representative to confer with and interrogate any employee of the employer at the place of employment and during working hours with respect to any matter cognizable under this chapter WAGES AND HOURS OF EMPLOYEES ON PUBLIC WORKS Payrolls and payroll records. (a) Every contract subject to this chapter and the specifications for those contracts shall contain a provision that a certified copy of all payrolls and a certified copy of a fringe benefit reporting form supplied by the department or any certified form that contains all of the required fringe benefit information shall be submitted weekly to the governmental contracting agency for review. The fringe benefit reporting form shall itemize the cost of fringe benefits paid by the general contractor or subcontractor for: (1) Health and welfare benefits; (2) Pension and annuity benefits; (3) Vacation benefits; (4) Continuing education and training benefits; and (5) Other fringe benefit costs paid by the general contractor or subcontractor. The general contractor shall be responsible for the submission of certified copies of the payrolls of all subcontractors. The certification shall affirm that the payrolls are correct and complete, that the wage rates contained therein are not less than the applicable rates contained in the wage determination decision of the director of labor and industrial relations attached to the contract, and that the classifications set forth for each laborer or mechanic conform with the work the laborer or mechanic performed. Any certification discrepancy found by the contracting agency shall be reported to the general contractor and the director to effect compliance. (b) Payroll records for all laborers and mechanics working at the site of the work shall be maintained by the general contractor and the general contractor's subcontractors, if any, during the course of the work and preserved for a period of three years thereafter. The records shall contain the name of each employee, the employee's correct classification, rate of pay, the itemized fringe benefit reporting form pursuant to subsection (a), daily and weekly number of hours worked, deductions made, and actual wages paid. (c) The contractor shall make payroll records available for examination within ten days from the date of a written request by a governmental contracting agency, director, or any authorized representatives thereof. Any contractor who: (1) Fails to make payroll records accessible within ten days; (2) Fails to provide information requested for the proper enforcement of this chapter within ten days; or (3) Fails to keep or falsifies any record required under this chapter, shall be assessed a penalty as provided in section (b) CIVIL RIGHTS COMMISSION;DISABILITY DISCRIMINATION; Medical examinations and inquiries specifically permitted. (a) An employer or other covered entity may make pre-employment inquiries into the ability of an applicant to perform essential job functions and ask an applicant to describe or demonstrate how, with or without reasonable accommodation, he applicant will be able to perform essential job functions. (b) An employer or other covered entity may require a medical examination or inquiry, or both, after making an offer of employment to a job applicant and before the applicant begins his or her employment duties, and may condition an offer of employment on the results of such examination or inquiry, or both, if all entering employees in the same job category are subjected to such an examination or inquiry, or both, regardless of disability. Information obtained under this subsection shall not be used for any purposes inconsistent with this subchapter and must be maintained in accordance with subsection (f). Such post-offer medical examinations conducted in accordance with this subsection do not have to be job-related and consistent with business necessity. (1) If qualification standards, tests, or selection criteria are used to screen out a person with a disability or a class of persons with disabilities on the basis of a specified physical or mental impairment, condition, or disability, the criteria must be shown to be a bona fide occupational

35 qualification. Other qualification tests, standards, or selection criteria that screen out a person with a disability or class of persons with disabilities must be shown to be jobrelated and consistent with business necessity. (2) If any adverse consequences result from a post-offer medical examination, the employer or other covered entity shall base its action on a medical examination conducted in accordance with subsection (d). (c) An employer or other covered entity may require a medical examination or inquiry, or both, of an employee that is job-related and consistent with business necessity. The employer or other covered entity bears the burden of establishing that such medical examination or inquiry, or both, is job-related and consistent with business necessity and must provide specific instances or examples of the employee's conduct which raised concerns about his or her inability to perform essential job functions or direct threat to self or others, except where an employee is returning to work after receiving disability benefits, such as workers compensation. (d) An employer or other covered entity which requires an applicant or employee to undergo a medical examination shall provide every examiner with sufficient job information to assess the applicant's or employee's ability to perform essential job functions or the applicant's or employee's direct threat potential. The job information shall include an accurate written description of the essential responsibilities and functions of the job, and the following rules: the definition of reasonable accommodation in section and section If the employer believes that the applicant or employee may pose a direct threat to self or others, the employer shall provide the following rules: the definition of direct threat in section and section (d). If the applicant or employee wishes to go to a second examiner, the employer or covered entity shall provide the examiner with the same job information. Information obtained under this subsection shall be collected and maintained in accordance with subsection (f). (e) An employer or other covered entity may conduct voluntary medical examinations and activities, including voluntary medical histories, which are part of an employee health program available to employees at the work site. An employer or other covered entity may make inquiries into the ability of an employee to perform essential job functions. Information obtained under this subsection shall be maintained in accordance with subsection (f). (f) All information related to or obtained under subsections (b), (c), (d), and (e) regarding the medical examination, condition, or history of any applicant or employee shall be collected and maintained on separate forms and in separate medical files and be treated as a confidential medical record, except that: (1) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations; (2) First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and (3) Commission employees investigating compliance with this subchapter shall be provided any and all information on request. Information obtained under subsections (b), (c), (d), and (e) regarding the medical condition or history of any applicant or employee shall not be disclosed to persons who are not entitled to have access to the information or used for any purpose inconsistent with this subchapter. (g) A test or inquiry to determine the illegal use of drugs is not considered a medical examination or inquiry under this subchapter CIVIL RIGHTS COMMISSION; DISABILITY DISCRIMINATION (b) Any information regarding the medical condition or history of any employee or applicant obtained from a test to determine the illegal use of drugs, except information regarding the illegal use of drugs, is subject to the requirements of section (f) THE ADMINISTRATION AND ENFORCEMENT OF THE FAMILY LEAVE LAW; ADMINISTRATION AND ENFORCEMENT; Record keeping. In order to make a determination on whether an employer is in compliance with the

36 Idaho Illinois statute, the department may request and review the following: (1) Basic payroll and identifying employee data, such as the employee's name, address, and occupation; rate or basis of pay and terms of compensation; daily and weekly hours worked per pay period; itemized additions to or deductions from wages; and total compensation paid;(2) Terms and conditions of, and expenses for, employee benefits, including, but not limited to, policies and any employment agreements relating to leave benefits; and(3) Records, documents, correspondence, and other material relating to any family leave granted or denied The board of trustees of each school district, including any specially chartered district, shall provide for the establishment and maintenance of a personnel file for each employee of the school district. Each personnel file shall contain any and all material relevant to the evaluation of the employee. The employee shall be provided timely notice of all materials placed in the personnel file and shall be afforded the opportunity to attach a rebuttal to any such materials. Personnel files are declared to be confidential and excepted from public access under any provision of the Idaho Code, including, but not limited to, sections and , Idaho Code, provided that each employee or designated representative shall be given access to his own personnel file upon request and shall be provided copies of materials contained therein, with the exception of recommendation letters, in a timely manner upon request CHILD LABOR LAW; Employers to keep record of minor employees. Every person, firm, corporation, agent or officer of a firm or corporation employing or permitting minors under sixteen (16) years of age and over fourteen (14) years of age to work in any mine, factory, workshop, mercantile establishment, store, telegraph or telephone office, laundry, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages, shall keep a record of the names, ages, and place of residence of such minors. 820:40/1 Sec. 1. Definitions. As used in this Act: (a) "Employee" means a person currently employed or subject to recall after layoff or leave of absence with a right to return at a position with an employer or a former employee who has terminated service within the preceding year. (b) "Employer" means an individual, corporation, partnership, labor organization, unincorporated association, the State, an agency or a political subdivision of the State, or any other legal, business, or commercial entity which has 5 employees or more than 5 employees exclusive of the employer's parent, spouse or child or other members of his immediate family and includes an agent of the employer. 820:40/2-40/6 Personnel Record Review Act. Every employer shall, upon an employee's request which the employer may require be in writing on a form supplied by the employer, permit the employee to inspect any personnel documents which are, have been or are intended to be used in determining that employee's qualifications for employment, promotion, transfer, additional compensation, discharge or other disciplinary action, except as provided in Section 10. The inspection right encompasses personnel documents in the possession of a person, corporation, partnership, or other association having a contractual agreement with the employer to keep or supply a personnel record. An employee may request all or any part of his or her records, except as provided in Section 10. The employer shall grant at least 2 inspection requests by an employee in a calendar year when requests are made at reasonable intervals, unless otherwise provided in a collective bargaining agreement. The employer shall provide the employee with the inspection opportunity within 7 working days after the employee makes the request or if the employer can reasonably show that such deadline cannot be met, the employer shall have an additional 7 days to comply. The inspection shall take place at a location reasonably near the employee's place of employment and during normal working hours. The employer may allow the inspection to take place at a time other than working hours or at a place other than

37 where the records are maintained if that time or place would be more convenient for the employee. Nothing in this Act shall be construed as a requirement that an employee be permitted to remove any part of such personnel records or any part of such records from the place on the employer's premises where it is made available for inspection. Each employer shall retain the right to protect his records from loss, damage, or alteration to insure the integrity of the records. If an employee demonstrates that he or she is unable to review his or her personnel record at the employing unit, the employer shall, upon the employee's written request, mail a copy of the requested record to the employee. After the review time provided in Section 2, an employee may obtain a copy of the information or part of the information contained in the employee's personnel record. An employer may charge a fee for providing a copy of such information. The fee shall be limited to the actual cost of duplicating the information. Personnel record information which was not included in the personnel record but should have been as required by this Act shall not be used by an employer in a judicial or quasi-judicial proceeding. However, personnel record information which, in the opinion of the judge in a judicial proceeding or the hearing officer in a quasi-judicial proceeding, was not intentionally excluded from the personnel record may be used by the employer in the proceeding if the employee agrees or has been given a reasonable time to review the information. Material which should have been included in the personnel record shall be used at the request of the employee. An employee who is involved in a current grievance against the employer may designate in writing a representative of the employee's union or collective bargaining unit or other representative to inspect the employee's personnel record which may have a bearing on the resolution of the grievance, except as provided in Section 10. The employer shall allow such a designated representative to inspect that employee's personnel record in the same manner as provided under Section 2. If the employee disagrees with any information contained in the personnel record, a removal or correction of that information may be mutually agreed upon by the employer and the employee. If an agreement cannot be reached, the employee may submit a written statement explaining the employee's position. The employer shall attach the employee's statement to the disputed portion of the personnel record. The employee's statement shall be included whenever that disputed portion of the personnel record is released to a third party as long as the disputed record is a part of the file. The inclusion of any written statement attached in the record without further comment or action by the employer, shall not imply or create any presumption of employer agreement with its contents. If either the employer or the employee knowingly places in the personnel record information which is false, the employer or employee, whichever is appropriate, shall have remedy through legal action to have that information expunged. 40/9 Personnel Record Review Act. An employer shall not gather or keep a record of an employee's associations, political activities, publications, communications or nonemployment activities, unless the employee submits the information in writing or authorizes the employer in writing to keep or gather the information. This prohibition shall not apply to the activities that occur on the employer's premises or during the employee's working hours with that employer which interfere with the performance of the employee's duties or the duties of other employees or activities, regardless of when and where occurring, which constitute criminal conduct or may reasonably be expected to harm the employer's property, operations or business, or could by the employee's action cause the employer financial liability. A record which is kept by the employer as permitted under this Section shall be part of the personnel record. 40/13 PERSONNEL REVIEW ACT. An employer shall not gather or keep a record identifying an employee as the subject of an investigation by the Department of Children and Family Services if the investigation by the Department of Children and

38 Family Services resulted in an unfounded report as specified in the Abused and Neglected Child Reporting Act. An employee upon receiving written notification from the Department of Children and Family Services that an investigation has resulted in an unfounded report shall take the written notification to his or her employer and have any record of the investigation expunged from his or her employee record. 820 ILCS 112/20 Sec. 20. Equal Pay Act of 2003; Recordkeeping requirements. An employer subject to any provision of this Act shall make and preserve records that document the name, address, and occupation of each employee, the wages paid to each employee, and any other information the Director may by rule deem necessary and appropriate for enforcement of this Act. An employer subject to any provision of this Act shall preserve those records for a period of not less than 5 years and shall make reports from the records as prescribed by rule or order of the Director, unless the records relate to an ongoing investigation or enforcement action under this Act, in which case the records must be maintained until their destruction is authorized by the Department or by court order Equal Pay in Employment Rules; Employer recordkeeping requirements (a) An employer subject to any provision of the Act shall make and preserve records, including but not limited to: name, address, occupation and wages paid to each employee, payroll records and records of other forms of compensation, dates of hire, dates of promotion and dates of pay increases. b) In addition, the employer shall preserve any records made in the regular course of the business operation that relate to personnel records, employee qualifications for hire, promotion, transfer, discharge or other disciplinary action, wage rates, skills testing certifications, job evaluations, job descriptions, merit systems, seniority systems, written job offers, individual employment contracts, collective bargaining agreements, description of practices or other matters that describe or explain the basis for payment of any wage differential to employees of the opposite sex by the same employer and that may be pertinent to a determination whether the differential is based on a factor other than sex. c) The records required by subsections (a) and (b) shall be maintained for a period of not less than 5 years unless the records relate to an ongoing investigation or enforcement action under the Act, in which case the records must be maintained until their destruction is authorized by the Department or by court order. 820 ILCS 105/8 Minimum Wage Law. Sec. 8. Every employer subject to any provision of this Act or of any order issued under this Act shall make and keep for a period of not less than 3 years, true and accurate records of the name, address and occupation of each of his employees, the rate of pay, and the amount paid each pay period to each employee, the hours worked each day in each work week by each employee, and such other information and make such reports therefrom to the Director as the Director may by regulation prescribe as necessary or appropriate for the enforcement of the provisions of this Act or of the regulations thereunder. Such records shall be open for inspection or transcription by the Director or his authorized representative at any reasonable time as limited by paragraph (a) of Section 7 of this Act. Every employer shall furnish to the Director or his authorized representative on demand a sworn statement of such records and information upon forms prescribed or approved by the Director. Each worker employed at the learner rate must be designated as such on the payroll record kept by the employer, with the learner's occupation shown CHILD LABOR LAWRESPONSIBILITIES OF EMPLOYERS. The Employer shall: a) Upon receiving a "Notice of Suspension" immediately suspend the employment of the minor until the final order is received. Said employer is then responsible for proper action as dictated by the final order.b)

39 Become informed in the application of the Act and these Rules to his establishment or enterprise. Such information is available at the Chicago office of the Department of Labor and shall be provided upon request. c) Maintain a time record on each minor employee for at least 3 years irrespective of whether the employee has been terminated. d) Keep the required time records, or duplicate copies thereof, at the place of employment or business at which the minor is currently employed and retain time records for terminated employees at the place of employment for at least 6 months after the date of termination. e) Make available the required Time Records for inspection and transcription by a duly authorized agent of the Department during the regular business hours observed by the employer CHILD LABOR: AN EMPLOYER SHALL BE CITED FOR VIOLATIONS OF THE ACT AS FOLLOWS: Time Record. a)a violation of Section 6 of the Act shall be charged for each minor employed upon whom the employer has failed to keep a register of name, age and place of residence. b) A violation of Section c of this Part shall be charged for each minor employed upon whom the employer has failed to keep a record of time starting and ending work, time out and time in after meals, and the daily and weekly totals of hours worked. 820 ILCS 205/13 Child Labor. Sec. 13. Every employer, during the period of employment of a minor under 16 years of age, shall keep on file at the place of employment an employment certificate issued for such minor. Any employer, upon termination of the employment of such minor, shall immediately return the certificate issued to the issuing officer. An employment certificate shall be valid only for the employer for whom issued, and a new certificate shall not be issued for the employment of a minor under 16 years of age except on the presentation of a new statement of intention to employ. The failure of any employer to produce for inspection such employment certificate for each minor in his establishment shall be prima facie evidence that the minor is employed without a certificate. 820 ILCS 205/6 Child Labor. Sec. 6. It shall be the duty of every employer of minors between the ages of 14 and 16 years employed for or in connection with any gainful occupation mentioned in Section 1 to keep a register upon the premises where the work is being done on which register shall be recorded the name, age and place of residence of every minor between the ages of 14 and 16 years. It shall be unlawful for any person, firm or corporation to hire or employ or to permit or allow to work in or for or in connection with any of the gainful occupations mentioned in Section 1, any minor between the ages of 14 and 16 years unless there is first procured and placed on file on the premises where the work is being done, employment certificates issued as hereinafter provided and accessible to the authorized officers and employees of the Department of Labor, and to the truant officers and other school officials charged with the enforcement of the compulsory education law CHILD LABOR; HOURS OF EMPLOYMENT. Section 8.1(b) Work Hours Waiver Record Keeping and Disclosure Requirement. a) An employer shall keep a copy of the certificate for a work hours waiver at the exact place(s) and address(es) where the minor is working during the hours covered by the waiver. b) An employer shall maintain a certificate for a work hours waiver issued pursuant to Section 8.1(b) of the Act and Section of this Part for each minor employee for at least 3 years, irrespective of whether the employee has been terminated. c) An employer shall make all certificates for a work hours waiver available for inspection and transcription by a duly authorized agent of the Department.

40 Employment Practices: Preservation and maintenance of records. (a) Employers subject to the Act shall preserve and maintain the following records, to the extent that they may exist, for the periods indicated herein: (1) Applications for employment, resumes, and other documents or supporting materials submitted by or on behalf of applicants; and all interview forms, aptitude or qualifying examinations, personal history or background examination reports, medical history and physical examination reports, and other documents, pertaining to each applicant, for a period of one year from the date of application; (2) Each employee's personnel file, including performance evaluations, attendance/tardiness records, reprimands and disciplinary records, and suspension, lay-off, termination or resignation records, for a period of one year from the date of such employee's termination or separation from employment; (3) Job descriptions, production standards, and other records of required job duties, qualifications and performance criteria, for a period of one year following the date the same cease to be effective. (b) Labor organizations subject to the Act shall preserve and maintain the following membership and business records to the extent that they may exist for the periods indicated herein: (1) Applications for membership or transfer of membership, and supporting documents or materials submitted by or on behalf of any applicant, and any records bearing on the disposition thereof, for a period of one year from the date of application; (2) All membership and apprenticeship records, including records pertaining to the discipline, suspension or expulsion of a member, apprentice, or trainee, for a period of one year from the date of expulsion or separation of any such person from membership or an apprenticeship or training program; (3) All grievance and arbitration records, including documents pertaining to the request by or on behalf of any member of the collective bargaining unit that a grievance be initiated, and any documents reflecting the disposition of such a request or the disposition of any grievance filed, for a period of one year from the date of such request or from the date of final resolution of the grievance. (c) Employment agencies shall preserve the following documents for a period of one year from the time these documents are created: (1) all applications for assignment to an employer, and documents in support thereof; (2) any documents bearing on the disposition thereof; (3) documents relating to the terms and conditions of an assignment. (d) Charge Pending Notwithstanding any other provision of this Part, once a charge has been served on a respondent, the respondent shall preserve all records and other evidence pertaining to the charge until the matter has been finally adjudicated. 820 ILCS 180/20 Victims' Economic Security and Safety Act; Entitlement to leave due to domestic or sexual violence. (a) Leave requirement. (1) Basis. An employee who is a victim of domestic or sexual violence or has a family or household member who is a victim of domestic or sexual violence whose interests are not adverse to the employee as it relates to the domestic or sexual violence may take unpaid leave from work to address domestic or sexual violence by: (A) seeking medical attention for, or recovering from, physical or psychological injuries caused by domestic or sexual violence to the employee or the employee's family or household member; (B) obtaining services from a victim services organization for the employee or the employee's family or household member; (C) obtaining psychological or other counseling for the employee or the employee's family or household member; (D) participating in safety planning, temporarily or permanently relocating, or taking other actions to increase the safety of the employee or the employee's family or household member from future domestic or sexual violence or ensure economic security; or (E) seeking legal assistance or remedies to ensure the health and safety of the employee or the employee's family or household member, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic or sexual violence. (2) Period. Subject to subsection (c), an employee working for an employer that employs at least 50 employees shall be entitled to a total of 12 workweeks of

41 leave during any 12-month period. Subject to subsection (c), an employee working for an employer that employs at least 15 but not more than 49 employees shall be entitled to a total of 8 workweeks of leave during any 12-month period. The total number of workweeks to which an employee is entitled shall not decrease during the relevant 12- month period. This Act does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the federal Family and Medical Leave Act of 1993 (29 U.S.C et seq.). (3) Schedule. Leave described in paragraph (1) may be taken intermittently or on a reduced work schedule. (b) Notice. The employee shall provide the employer with at least 48 hours' advance notice of the employee's intention to take the leave, unless providing such notice is not practicable. When an unscheduled absence occurs, the employer may not take any action against the employee if the employee, upon request of the employer and within a reasonable period after the absence, provides certification under subsection (c). (c) Certification. (1) In general. The employer may require the employee to provide certification to the employer that: (A) the employee or the employee's family or household member is a victim of domestic or sexual violence; and (B) the leave is for one of the purposes enumerated in paragraph (a)(1). The employee shall provide such certification to the employer within a reasonable period after the employer requests certification. (2) Contents. An employee may satisfy the certification requirement of paragraph (1) by providing to the employer a sworn statement of the employee, and upon obtaining such documents the employee shall provide: (A) documentation from an employee, agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the employee or the employee's family or household member has sought assistance in addressing domestic or sexual violence and the effects of the violence; (B) a police or court record; or (C) other corroborating evidence. (d) Confidentiality. All information provided to the employer pursuant to subsection (b) or (c), including a statement of the employee or any other documentation, record, or corroborating evidence, and the fact that the employee has requested or obtained leave pursuant to this Section, shall be retained in the strictest confidence by the employer, except to the extent that disclosure is: (1) requested or consented to in writing by the employee; or (2) otherwise required by applicable federal or State law. (e) Employment and benefits. (1) Restoration to position. (A) In general. Any employee who takes leave under this Section for the intended purpose of the leave shall be entitled, on return from such leave: (i) to be restored by the employer to the position of employment held by the employee when the leave commenced; or (ii) to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. (B) Loss of benefits. The taking of leave under this Section shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced. (C) Limitations. Nothing in this subsection shall be construed to entitle any restored employee to: (i) the accrual of any seniority or employment benefits during any period of leave; or (ii) any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave. (D) Construction. Nothing in this paragraph shall be construed to prohibit an employer from requiring an employee on leave under this Section to report periodically to the employer on the status and intention of the employee to return to work. (2) Maintenance of health benefits. (A) Coverage. Except as provided in subparagraph (B), during any period that an employee takes leave under this Section, the employer shall maintain coverage for the employee and any family or household member under any group health plan for the duration of such leave at the level and under the conditions coverage would have been provided if the employee had continued in employment continuously for the duration of such leave. (B) Failure to return from leave. The employer may recover the premium that the employer paid for maintaining coverage for the employee and the employee's family or household member under

42 such group health plan during any period of leave under this Section if: (i) the employee fails to return from leave under this Section after the period of leave to which the employee is entitled has expired; and (ii) the employee fails to return to work for a reason other than: (I) the continuation, recurrence, or onset of domestic or sexual violence that entitles the employee to leave pursuant to this Section; or (II) other circumstances beyond the control of the employee. (C) Certification. (i) Issuance. An employer may require an employee who claims that the employee is unable to return to work because of a reason described in subclause (I) or (II) of subparagraph (B)(ii) to provide, within a reasonable period after making the claim, certification to the employer that the employee is unable to return to work because of that reason. (ii) Contents. An employee may satisfy the certification requirement of clause (i) by providing to the employer: (I) a sworn statement of the employee; (II) documentation from an employee, agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the employee has sought assistance in addressing domestic or sexual violence and the effects of that violence; (III) a police or court record; or (IV) other corroborating evidence. (D) Confidentiality. All information provided to the employer pursuant to subparagraph (C), including a statement of the employee or any other documentation, record, or corroborating evidence, and the fact that the employee is not returning to work because of a reason described in subclause (I) or (II) of subparagraph (B)(ii) shall be retained in the strictest confidence by the employer, except to the extent that disclosure is: (i) requested or consented to in writing by the employee; or (ii) otherwise required by applicable federal or State law. (f) Prohibited acts. (1) Interference with rights. (A) Exercise of rights. It shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided under this Section. (B) Employer discrimination. It shall be unlawful for any employer to discharge or harass any individual, or otherwise discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment of the individual (including retaliation in any form or manner) because the individual: (i) exercised any right provided under this Section; or (ii) opposed any practice made unlawful by this Section. (C) Public agency sanctions. It shall be unlawful for any public agency to deny, reduce, or terminate the benefits of, otherwise sanction, or harass any individual, or otherwise discriminate against any individual with respect to the amount, terms, or conditions of public assistance of the individual (including retaliation in any form or manner) because the individual: (i) exercised any right provided under this Section; or (ii) opposed any practice made unlawful by this Section. (2) Interference with proceedings or inquiries. It shall be unlawful for any person to discharge or in any other manner discriminate (as described in subparagraph (B) or (C) of paragraph (1)) against any individual because such individual: (A) has filed any charge, or has instituted or caused to be instituted any proceeding, under or related to this Section; (B) has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under this Section; or (C) has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under this Section Employment Practices: Recordkeeping requirements; (a) Employers must maintain records that contain the following: 1) Name, address, and occupation of each employee; rate or basis of pay, terms of compensation; daily and weekly hours worked per pay period; additions to or deductions from wages; and total compensation paid each pay period. 2) All dates leave under the Act is used by each employee shall be designated in the records as such leave. If leave is taken in increments of less than one full day and the number of hours taken must be recorded. 3) Copies of "employee requests", if in writing, for leave under the Act, with any attachments, furnished to the employer. 4) Copies of any written notices regarding the Act given to employees. 5) Any documents describing employee benefits or employer policies and practices

43 regarding the taking of paid and unpaid leaves. 6) Any employer that provides any paid time off, including, without limitation, vacation, sick or personal leave, to its employees must maintain true and accurate records of the paid time off earned for each year and the dates on which paid time off was taken or paid. 7) Records of any dispute between the employer and an employee regarding designation of leave under the Act, including any written documents from the employer or employee stating the reasons for the designation and for the disagreement. b) In addition, the employer shall preserve any records made in the regular course of the business operation that relate to personnel records, employee qualifications for promotion, transfer, discharge or other disciplinary action, wage rates, skills testing certifications, job evaluations, job descriptions, merit systems, seniority systems, individual employment contracts, collective bargaining agreements, description of practices or other matters that describe or explain the basis for any use of any type of paid and unpaid time off. c) Records and documents relating to certifications, medical histories of employees or employees' family and household members, created for purposes of the Act, shall be maintained in conformance with all State and federal laws, including, without limitation, all confidentiality requirements. d) All records under this Section shall be maintained by an employer for at least three years. Failure by a respondent to maintain all records for the stated period or in the stated manner may result in a finding of failure to cooperate. Indiana [Editor's note: The state of Illinois provides the following definition for the term "employee": "Employee" means a person currently employed or subject to recall after layoff or leave of absence with a right to return to a position with an employer or a former employee who has terminated service within the preceding year (Sec. 40/1).] (a) Wages, Hours and Benefits; Minimum Wage-Every employer subject to the provisions of this... (a) Every employer subject to the provisions of this chapter or to any rule or order issued under this chapter shall each pay period furnish to each employee a statement that includes at least the following information: (1) The hours worked by the employee. (2) The wages paid to the employee. (3) A listing of the deductions made. (b) An employer shall furnish to the commissioner upon demand a sworn statement of the information furnished to an employee under subsection (a). Records relating to the information furnished shall be open to inspection by the commissioner, the commissioner's deputy, or any authorized agent of the department at any reasonable time. (c) Every employer subject to the provisions of this chapter or to any rule or order issued under this chapter shall post in a conspicuous place in the area where employees are employed a single page poster providing employees notice of the following information: (1) The current Indiana minimum wage. (2) An employee's basic rights under Indiana's minimum wage law. (3) Contact information to inform an employee how to obtain additional information from or to direct questions or complaints to the Indiana department of labor. (d) The commissioner shall furnish copies of this chapter and the rules and orders to employers without charge upon request CIVIL RIGHTS; Age Discrimination; Every person shall keep true and accurate records of the... Every person shall keep true and accurate records of the ages of all persons employed by him as reported by each employee, and shall upon demand furnish to the commissioner of labor, or his authorized representative, a true copy of any such record, verified upon oath. Such record shall be open to investigation by the commissioner at any reasonable time. If on all the testimony taken, the commissioner of labor shall make a preliminary determination that the employer has engaged in or is engaging in unfair employment practices, the commissioner shall endeavor to eliminate such unfair employment practices by informal methods of conference, conciliation and persuasion. If voluntary compliance cannot be obtained,

44 the commissioner of labor shall be empowered to issue a complaint stating the charges and giving not less than ten (10) days' notice of hearing before the commissioner of labor at a place therein fixed. Any complaint issued pursuant to this section must be so issued within four (4) months after the alleged unfair employment practices were committed. The respondent shall have the right to file an answer to such complaint and may appear at such hearing with or without counsel to present evidence and to examine and cross-examine witnesses. Upon the completion of testimony at such hearing, if determination is made that unfair practices were committed, the commissioner of labor shall state his findings of fact and, if satisfied therewith, may issue his finding that the employer has ceased to engage in unfair employment practices. Iowa Civil Rights Enforcement; (a) The commission shall establish and maintain a... (a) The commission shall establish and maintain a permanent office in the city of Indianapolis. (b) The commission may appoint such attorneys and other employees and agents as it considers necessary, fix their compensation within the limitation provided by law, and prescribe their duties. All these employees, with the exception of the executive director and attorneys, shall be appointed by the commission from eligible lists to be promulgated by the department of personnel as the result of a competitive examination held under IC and rules of the department and on the basis of training, practical experience, education, and character. However, special consideration and due weight shall be given to the practical experience and training that a person may have for the particular position involved regardless of his academic training. Promotions, suspensions, and removal of persons appointed from such lists shall be in accordance with IC The reasonable and necessary traveling expenses of each employee of the commission while actually engaged in the performance of duties in behalf of the commission shall be paid in accordance with the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency. (c) Except as it concerns judicial review, the commission may adopt rules under IC to implement this chapter. 91B.1 An employee, shall have access to and shall be permitted to obtain a copy of the employee's personnel file maintained by the employee's employer, as defined in section 91A.2, including but not limited to performance evaluations, disciplinary records, and other information concerning employer-employee relations. However, an employee's access to a personnel file is subject to all of the following: 1. The employer and employee shall agree on the time the employee may have access to the employee's personnel file, and a representative of the employer may be present. 2. An employee shall not have access to employment references written for the employee. 3. An employer may charge a reasonable fee for each page of a copy made by the employer for an employee of an item in the employee's personnel file. For purposes of this subsection, "reasonable fee" means an amount equivalent to an amount charged per page for copies made by a commercial copying business CHILD LABOR; Permit on file. Except as provided in section 92.2, a person under sixteen years of age shall not be employed or permitted to work with or without compensation unless the person, firm, or corporation employing such person receives and keeps on file accessible to any officer charged with the enforcement of this chapter, a work permit issued as provided in this chapter, and keeps a complete list of the names and ages of all such persons under sixteen years of age employed. Certificates of age shall be issued for persons sixteen and seventeen years of age and for all other persons eighteen and over upon request of the person's prospective employer.

45 (91D) RECORDS TO BE KEPT BY EMPLOYERS-Employees subject to minimum wage. (1) Items required. Every employer shall maintain and preserve payroll or other records containing the following information and data with respect to each employee to whom the Act applies: a. Name in full, as used for social security record-keeping purposes, and on the same record, the employee's identifying symbol or number if such is used in place of name on any time, work, or payroll records; b. Home address, including ZIP code; c. Date of birth, if under 19; d. Reserved; e. Time of day and day of week on which the employee's workweek begins. If the employee is part of a work force or employed in or by an establishment all of whose workers have a workweek beginning at the same time on the same day, a single notation of the time of the day and beginning day of the workweek for the whole work force or establishment will suffice; f. Basis of pay by indicating the monetary amount paid on a per hour, per day, per week, per piece, commission on sales, or other basis; g. Hours worked each workday and total hours worked each workweek (for purposes of this rule, a "workday" is any fixed period of 24 consecutive hours and a "workweek" is any fixed and regularly recurring period of seven consecutive workdays); h. Total daily or weekly straight-time earnings or wages due for hours worked during the workday or workweek, exclusive of premium overtime compensation; i. Reserved; j. Total additions to or deductions from wages paid each pay period including employee purchase orders or wage assignments. Also, in individual employee records, the dates, amounts, and nature of the items which make up the total additions and deductions; k. Total wages paid each pay period; and l. Date of payment and the pay period covered by payment. (2) Records of retroactive payment of wages. Every employer who makes retroactive payment of wages or compensation under the supervision of the labor commissioner, the administrator of the U.S. Department of Labor, Wage and Hour Division, or court order shall: a. Record and preserve, as an entry on the pay records, the amount of the payment to each employee, the period covered by such payment, and the date of payment; and b. Prepare a report of each payment on a receipt form provided by or authorized by the commissioner, and 1. Preserve a copy as part of the records, 2. Deliver a copy to the employee, and 3. File the original, as evidence of payment by the employer and receipt by the employee, with the commissioner within ten days after payment is made. (3) Employees working on fixed schedules. With respect to employees working on fixed schedules, an employer may maintain records showing instead of the hours worked each day and each workweek as required by 216.2(1)"g," the schedule of daily and weekly hours the employee normally works. Also, a. In weeks in which an employee adheres to this schedule, indicate by check mark, statement or other method that the hours were actually worked; and b. In weeks in which more or less than the scheduled hours are worked shows the exact number of hours worked each day and each week (216) Employment Practices: Preservation of records (1) Employment records. When a complaint or notice of investigation has been served on an employer, labor organization or employment agency under the Act, the respondent shall preserve all records relevant to the investigation until the complaint or investigation is finally adjudicated. The term "relevant to the investigation" shall include, but not be limited to, personnel, employment or membership records relating to the complainant and to all other employees, applicants or members holding or seeking positions similar to that held or sought by the complainant, and application forms or test papers completed by any unsuccessful applicant and by all other applicants or candidates for the same position or membership as that for which the complainant applied and was not accepted, and any records which are relevant to the scope of the investigation as defined in the notice or complaint. (2) Other records. Any books, papers, documents, or records of any form which are relevant to the scope of any investigation as defined in the notice or complaint shall be preserved during the pendency of any proceedings

46 by all parties to the proceedings unless the commission specifically orders otherwise. (3) Adverse inference. If after a public hearing the administrative law judge determines: a. That a party or agent, employee, or person acting for the party has destroyed evidence in violation of subrule 3.7(1) or 3.7(2), and b. That the destruction was done at a time when the party knew or should have known that the evidence destroyed was relevant to the investigation, and c. There is no satisfactory explanation for the destruction of the evidence, then the administrative law judge may infer that the destroyed evidence was adverse to the party who destroyed the evidence or whose agent or employee destroyed the evidence or on behalf of whom any other person was acting when destroying the evidence. Kansas MINIMUM WAGE AND MAXIMUM HOURS; Minimum Wage- Recordkeeping requirements; records open to inspection by secretary of human resources. On and after January 1, 1978, every employer subject to any provision of K.S.A to , inclusive, or of any rule and regulation adopted pursuant thereto, shall make and keep, for a period of not less than three (3) years, in or about the premises wherein any employee is employed, a record of the name and occupation of each employee, the rate of pay and the amount paid each pay period to each such employee, the hours worked each day and each work week by each such employee and such other information as the secretary may prescribe by rules and regulations as being necessary or appropriate for the enforcement of the provisions of K.S.A to , inclusive, or of the rules and regulations adopted pursuant thereto. In lieu of the records required under this section, any employer who is covered under the provisions of the fair labor standards act of 1938, as amended (29 U.S.C.A. 201 et seq.) and as further amended by the fair labor standards amendments of 1974 and any other acts amendatory thereof or supplemental thereto, may keep and maintain the records required under said fair labor standards act of 1938, as amended. Such records shall be open for inspection or transcription by the secretary or the authorized representative of the secretary at any reasonable time CHILD LABOR; Work permit required; exception. That all persons, firms, or corporations employing children under sixteen (16) years of age in any of the vocations mentioned in this act, shall be required to first obtain and keep on file and accessible to any inspector or officer charged with the enforcement of this act, the work permit as hereinafter provided for: Provided, That if such children are enrolled in or attending any secondary school within the state, no such work permit shall be required Human Rights Commission; INVESTIGATION; Preservation of records. (a) Employment records. When a complaint or notice of investigation has been served on an employer, labor organization or employment agency under the Kansas act against discrimination, the respondent shall preserve all personnel records relevant to the investigation until such complaint or investigation is finally adjudicated. The term "relevant to the investigation" shall include, but not be limited to, personnel, employment or membership records relating to the complainant and to all other employees, applicants or members holding or seeking positions similar to that held or sought by the complainant, and application forms or test papers completed by an unsuccessful applicant and by all other applicants or candidates for the same position or membership as that for which the complainant applied and was not accepted, and any records which are relevant to the scope of the investigation as defined in the notice or complaint. (b) Membership club records. Where a complaint or notice of investigation has been served on a membership club under the Kansas act against discrimination, the respondent shall preserve all records relevant to the investigation until such complaint or investigation is finally adjudicated. The term "relevant to the investigation" shall include, but not be limited to, applications for

47 Kentucky membership on file at the time the complaint or notice of investigation is served and those received following service of the complaint or notice of investigation whether or not they have been accepted or rejected, membership lists, records of payment of initiation fees or regular dues, together with the minutes of meetings of the club conducted in conformity with the constitutions or by-laws adopted by the membership. (c) Other records. Any other books, papers, documents, or records of any form which are relevant to the scope of any investigation as defined in the notice or complaint shall be preserved during the pendency of any proceedings by all parties to the proceedings unless the commission specifically orders otherwise. 18A.020 State Personnel; Records of Personnel Cabinet subject to open records law Employee access to personnel files. (1) The records of the cabinet shall be public records and shall be open to public inspection, as provided in KRS to (2)(a) A personnel file shall be maintained by the cabinet and the appointing authority for each employee. The file maintained by the cabinet shall be the official personnel file for the employee. Upon transfer, the personnel file maintained by the appointing authority from which the employee transfers shall be forwarded to the new appointing authority; (b) Each file shall include, but not be limited to, for each employee, his name, address, title of positions held, classification, rates of compensation, all changes in status including evaluations, promotions, demotions, layoffs, transfers, disciplinary actions, commendations, awards, and preliminary and other supporting documentation for each action. Each file shall contain the complete record and supporting documentation for each personnel action; (c) Whenever an employee is reprimanded for misconduct, other infraction, or failure to perform his duties in a proper or adequate manner, the supervising employee taking such action shall document such action in detail, and shall provide the employee with a copy of such documentation. The supervising employee shall inform the employee that he has the right to prepare a written response to the action taken after he has reviewed the written documentation prepared by the supervising employee. Such response shall be attached to the documentation prepared by the supervising employee. The supervising employee shall place a copy of the documentation and response provided for herein in the employee's personnel file and shall transmit a copy to the cabinet to be placed in the official personnel file of the employee. The supervising employee shall notify the employee that copies of the documentation and the response provided for herein have been placed in his personnel files. (3) Upon written request, an employee shall have the right to examine his personnel file. An employee may comment in writing on any item in his file. Such comments shall be made a part of his file and shall be attached to the specific record or document to which they pertain. (4) Upon written request a state employee, an applicant for employment, and an eligible on a register shall have the right to inspect and to copy any record and preliminary documentation and other supporting documentation that relates to him, except that an applicant, an eligible, or a state employee shall not have the right to inspect or to copy any examination materials. (5) No public agency, as defined by KRS , and no officer or employee shall deny, abridge, or impede the exercise of the rights granted in any manner by this section and by KRS General Provisions as to Offices and Officers Social Security for Public Employees Employees Retirement System; OPEN RECORDS; Certain public records exempted from inspection except on order of court Restriction of state employees to inspect personnel files prohibited. (1) The following public records are excluded from the application of KRS to and shall be subject to inspection only upon order of a court of competent jurisdiction, except that no court shall authorize the inspection by any party of any materials pertaining to civil litigation beyond that which is provided by the Rules of Civil Procedure governing pretrial discovery: (a) Public records containing information of a personal nature where the

48 public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy; (b) Records confidentially disclosed to an agency and compiled and maintained for scientific research. This exemption shall not, however, apply to records the disclosure or publication of which is directed by another statute; (c) 1. Upon and after July 15, 1992, records confidentially disclosed to an agency or required by an agency to be disclosed to it, generally recognized as confidential or proprietary, which if openly disclosed would permit an unfair commercial advantage to competitors of the entity that disclosed the records; 2. Upon and after July 15, 1992, records confidentially disclosed to an agency or required by an agency to be disclosed to it, generally recognized as confidential or proprietary, which are compiled and maintained: a. In conjunction with an application for or the administration of a loan or grant; b. In conjunction with an application for or the administration of assessments, incentives, inducements, and tax credits as described in KRS Chapter 154; c. In conjunction with the regulation of commercial enterprise, including mineral exploration records, unpatented, secret commercially valuable plans, appliances, formulae, or processes, which are used for the making, preparing, compounding, treating, or processing of articles or materials which are trade commodities obtained from a person; or d. For the grant or review of a license to do business. 3. The exemptions provided for in subparagraphs 1. and 2. of this paragraph shall not apply to records the disclosure or publication of which is directed by another statute; (d) Public records pertaining to a prospective location of a business or industry where no previous public disclosure has been made of the business' or industry's interest in locating in, relocating within or expanding within the Commonwealth. This exemption shall not include those records pertaining to application to agencies for permits or licenses necessary to do business or to expand business operations within the state, except as provided in paragraph (c) of this subsection; (e) Public records which are developed by an agency in conjunction with the regulation or supervision of financial institutions, including but not limited to, banks, savings and loan associations, and credit unions, which disclose the agency's internal examining or audit criteria and related analytical methods; (f) The contents of real estate appraisals, engineering or feasibility estimates and evaluations made by or for a public agency relative to acquisition of property, until such time as all of the property has been acquired. The law of eminent domain shall not be affected by this provision; (g) Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination before the exam is given or if it is to be given again; (h) Records of law enforcement agencies or agencies involved in administrative adjudication that were compiled in the process of detecting and investigating statutory or regulatory violations if the disclosure of the information would harm the agency by revealing the identity of informants not otherwise known or by premature release of information to be used in a prospective law enforcement action or administrative adjudication. Unless exempted by other provisions of KRS to , public records exempted under this provision shall be open after enforcement action is completed or a decision is made to take no action; however, records or information compiled and maintained by county attorneys or Commonwealth's attorneys pertaining to criminal investigations or criminal litigation shall be exempted from the provisions of KRS to and shall remain exempted after enforcement action, including litigation, is completed or a decision is made to take no action. The exemptions provided by this subsection shall not be used by the custodian of the records to delay or impede the exercise of rights granted by KRS to ; (i) Preliminary drafts, notes, correspondence with private individuals, other than correspondence which is intended to give notice of final action of a public agency; (j) Preliminary recommendations, and preliminary memoranda in which opinions are expressed or policies formulated or recommended; (k) All public records or information the disclosure of which is prohibited by federal law or regulation; (l) Public records or information the disclosure of which is prohibited or

49 restricted or otherwise made confidential by enactment of the General Assembly; (m) 1. Public records the disclosure of which would have a reasonable likelihood of threatening the public safety by exposing a vulnerability in preventing, protecting against, mitigating, or responding to a terrorist act and limited to: a. Criticality lists resulting from consequence assessments; b. Vulnerability assessments; c. Antiterrorism protective measures and plans; d. Counterterrorism measures and plans; e. Security and response needs assessments; f. Infrastructure records that expose a vulnerability referred to in this subparagraph through the disclosure of the location, configuration, or security of critical systems, including public utility critical systems. These critical systems shall include but not be limited to information technology, communication, electrical, fire suppression, ventilation, water, wastewater, sewage, and gas systems; g. The following records when their disclosure will expose a vulnerability referred to in this subparagraph: detailed drawings, schematics, maps, or specifications of structural elements, floor plans, and operating, utility, or security systems of any building or facility owned, occupied, leased, or maintained by a public agency; and h. Records when their disclosure will expose a vulnerability referred to in this subparagraph and that describe the exact physical location of hazardous chemical, radiological, or biological materials. 2. As used in this paragraph, "terrorist act" means a criminal act intended to: a. Intimidate or coerce a public agency or all or part of the civilian population; b. Disrupt a system identified in subparagraph 1.f. of this paragraph; or c. Cause massive destruction to a building or facility owned, occupied, leased, or maintained by a public agency. 3. On the same day that a public agency denies a request to inspect a public record for a reason identified in this paragraph, that public agency shall forward a copy of the written denial of the request, referred to in KRS (1), to the executive director of the Office for Security Coordination and the Attorney General. 4. Nothing in this paragraph shall affect the obligations of a public agency with respect to disclosure and availability of public records under state environmental, health, and safety programs. 5. The exemption established in this paragraph shall not apply when a member of the Kentucky General Assembly seeks to inspect a public record identified in this paragraph under the Open Records Law; (n) Public or private records, including books, papers, maps, photographs, cards, tapes, discs, diskettes, recordings, software, or other documentation regardless of physical form or characteristics, having historic, literary, artistic, or commemorative value accepted by the archivist of a public university, museum, or government depository from a donor or depositor other than a public agency. This exemption shall apply to the extent that nondisclosure is requested in writing by the donor or depositor of such records, but shall not apply to records the disclosure or publication of which is mandated by another statute or by federal law. (2) No exemption in this section shall be construed to prohibit disclosure of statistical information not descriptive of any readily identifiable person. (3) No exemption in this section shall be construed to deny, abridge, or impede the right of a public agency employee, including university employees, an applicant for employment, or an eligible on a register to inspect and to copy any record including preliminary and other supporting documentation that relates to him. The records shall include, but not be limited to, work plans, job performance, demotions, evaluations, promotions, compensation, classification, reallocation, transfers, layoffs, disciplinary actions, examination scores, and preliminary and other supporting documentation. A public agency employee, including university employees, applicant, or eligible shall not have the right to inspect or to copy any examination or any documents relating to ongoing criminal or administrative investigations by an agency. (4) If any public record contains material which is not excepted under this section, the public agency shall separate the excepted and make the non-excepted material available for examination. (5) The provisions of this section shall in no way prohibit or limit the exchange of public records or the sharing of information between public agencies when the exchange is serving a legitimate governmental need or is necessary in the performance of a legitimate government

50 function MINIMUM WAGES- Record to be kept by employer. (1) Every employer shall keep a record of: (a) The amount paid each pay period to each employee; (b) The hours worked each day and each week by each employee; and (c) Such other information as the commissioner requires. (2) Such records shall be kept on file for at least one (1) year after entry. They shall be open to the inspection and transcript of the commissioner or the commissioner's authorized representative at any reasonable time, and every employer shall furnish to the commissioner or the commissioner's authorized representative on demand a sworn statement of them. The commissioner may require the statement to be upon forms prescribed or approved by him or her Child Labor; Employer's register Posting copy of law and working hours. Every person employing minors under eighteen (18) years of age shall keep a separate register containing the names, ages, and addresses of such employees, and the time of commencing and stopping of work for each day, and the time of the beginning and ending of the daily meal period, and shall post and keep conspicuously posted in the establishment wherein any such minor is employed, permitted, or suffered to work, a printed abstract of KRS to , and a list of the occupations prohibited to such minors, together with a notice stating the working hours per day for each day in the week required of them. These records and files shall be open at all times to the inspection of the school directors of pupil personnel and probation officers, and representatives of the Labor Cabinet and Department of Education Child Labor; Enforcement of law Right to enter and inspect premises and records. (1) It shall be the duty of the Department of Workplace Standards and of the inspectors and agents of said department, with the assistance of the school directors of pupil personnel, police officers and juvenile session of District Court probation officers, to enforce the provisions of KRS to , to make complaints against persons violating the provisions of those sections, and to prosecute violations thereof. The Department of Workplace Standards, its inspectors and agents shall have authority to enter and inspect at any time any place or establishment covered by KRS to , and to have access to age certificates kept on file by the employer and such other records as may aid in the enforcement of KRS to School directors of pupil personnel are likewise empowered to visit and inspect places where minors may be employed, and shall report any cases of employment that they find in violation of KRS to to the Department of Workplace Standards. (2) Any person authorized to enforce KRS to may require an employer of a minor for whom an age certificate is not on file either to furnish him or her within ten (10) days the evidence showing that the minor is at least eighteen (18) years of age or to cease to employ or permit or suffer such minor to work. Proof of the making of such demand and of failure to deliver such proof of age shall be prima facie evidence, in any prosecution brought for violation of KRS to , that such minor is under eighteen (18) years of age and is unlawfully employed Civil Rights. Investigations, powers, records, confidential nature of. (1)In connection with an investigation of a complaint filed under this chapter, the commission or its designated representative at any reasonable time may request access to premises, records, and documents relevant to the complaint and the right to examine, photograph and copy evidence. (2) Every person subject to this chapter shall

51 (a) make and keep records relevant to the determination of whether unlawful practices have been or are being committed, (b) preserve such records for such periods, and (c) make such reports therefrom, as the commission shall prescribe by regulation or order, after public hearing, as reasonable, necessary, or appropriate for the enforcement of this chapter or the regulations or orders thereunder. (3) The commission, by regulation, shall require each person subject to this chapter which controls an apprenticeship or other training program to keep all records reasonably necessary to carry out the purpose of the chapter, including, but not limited to, a list of applicants who wish to participate in such program, including the chronological order in which applications were received, and shall furnish to the commission upon request, a detailed description of the manner in which persons are selected to participate in the apprenticeship or other training programs. (4) A person who believes that the application to it of a regulation or order issued under this section would result in undue hardship may apply to the commission for an exemption from the application of the regulation or order. If the commission finds that the application of the regulation or order to the person in question would impose an undue hardship, the commission may grant appropriate relief. (5) So as to avoid undue burdens on persons subject to this chapter, records and reports required by the commission under this section shall conform as near as may be to similar records and reports required by federal law and the laws of other states and to customary record-keeping practice. (6) It is unlawful for a commissioner or employee of the commission to make public with respect to a particular person without his consent information obtained by the commission pursuant to its authority under this section except as reasonably necessary to the conduct of a proceeding under this chapter. (7) If a person fails to permit access, examination, photographing or copying or fails to make, keep, or preserve records or make reports in accordance with this section, the Circuit Court for the county in which such person is found, resides, or has his principal place of business, upon application of the commission, may issue an order requiring compliance. Louisiana 104 KAR 1:070. HUMAN RIGHTS; Records and reports for apprenticeships and training programs. Section 1. Retention of Records. (1) An apprenticeship or training program shall keep a list of applicants according to race, national origin, sex and age.(2) The list shall be maintained:(a) In chronological order;(b) For a period of two (2) years.(3) A list of requests for reasonable accommodations by persons with disabilities shall also be maintained for two (2) years. Section 2. Enrollment Records. (1) An apprenticeship or training program shall furnish to the commission, upon request a breakdown of current enrollment by race, national origin, sex and age. (2) A list of requests for reasonable accommodations from persons with disabilities shall also be furnished upon request. Section 3. Substitution of Records. The commission may when necessary for a complete investigation disallow substitution of reports previously submitted to other governmental agencies. 23:1125. A. Whenever an employee who is being treated by his choice of medical provider shall, at the request of the employer, the employer's insurer, or the representative of the employer or its insurer, submit to any type of medical examination and a medical report is received by said requester, such employee or his representative shall be entitled to a copy of the written report of the results of said examination within thirty days from the date the requester receives the report. B. Whenever an employee has accepted medical treatment by a health care provider referred by the employer, the employer's insurer, or the representative of the employer or its insurer, he shall be entitled to receive a copy of any medical records of the medical provider that are in the possession of the employer or its insurer within thirty days from the date of the written demand upon the employer, the employer's insurer, or the representative of the employer or its insurer. C. Such written report or records shall be furnished to said employee or his representative at no cost to the employee.

52 23:1237. A. No school employee shall be denied access to his personnel file. The contents of a school employee's personnel file shall not be divulged to third parties absent the express written consent of the school employee, except when ordered by a court or by subpoena, and no school system employee other than the personnel file custodian or the superintendent of schools for the system, or the designee of either who shall be a school system employee shall be allowed access to a school employee's personnel file without the school employee's express written consent, unless that employee is charged with the duty of supervising that particular school employee's performance. In the case that a personnel file should be accessed by the superintendent or someone designated by him, the employee whose file was so accessed shall receive written notice of the fact and the name and title of the person who was permitted access. All persons permitted access under this Section shall maintain the confidentiality of those documents in the file which are not matters of public record. B. Any school employee requesting to see his personnel file shall be given access to his entire personnel file, except for any portion of the file maintained at his specific work site, at a single location and within a reasonable time after making the request. Such an employee s hall be given access to any portion of his personnel file maintained at his work site, at such site and at any reasonable time A. No law enforcement officer shall have any comment adverse to his interest entered in his personnel file, or any other file used for any personnel purposes by his employer, without the law enforcement officer's having first read and signed the instrument containing the adverse comment indicating he is aware of such comment, except that such entry may be made if, after reading such instrument, the law enforcement officer refuses to sign it. Should a law enforcement officer refuse to sign, that fact shall be noted on that document and signed or initialed by such officer. B. A law enforcement officer shall have thirty days within which to file a written response to any adverse comment entered in his personnel file. Such written response shall be attached to and shall accompany the adverse comment. C.(1) A law enforcement officer, upon written request, shall have any record of a formal complaint made against the officer for any violation of a municipal or parish ordinance or state criminal statute listed in Paragraph (2) of this Subsection involving domestic violence expunged from his personnel file, if the complaint was made anonymously to the police department and the charges are not substantiated within twelve months of the lodging of the complaint. (2)(a) Any violation of a municipal or parish ordinance or state statute defining criminal battery and assault. (b) Any violation of other municipal or parish ordinances or state statutes including criminal trespass, criminal damage to property, or disturbing the peace if the incident occurred at either the home of the victim or the officer or the violation was the result of an obvious domestic dispute. E.O. MJF SECTION 21: Record Keeping A. Leave records shall be maintained for all unclassified appointees. Daily attendance and leave records shall be maintained for all other unclassified officers and employees who are eligible to accrue or use annual, sick, and/or compensatory leave. 23:182. MINORS; EMPLOYMENT CERTIFICATES; Employers to keep records. Every person employing minors shall procure and keep on file an employment certificate for each minor, except for those minors employed in approved federally funded youth training programs. Such certificate shall be accessible on the job site, or in the immediate area of the work location, at all times to any officer charged with the enforcement of the provisions of this Chapter. 51:2262. COMMISSION ON HUMAN RIGHTS; Investigations; powers; confidential nature of records A. In connection with an investigation of a complaint

53 Maine filed under this Chapter, the commission or its designated representative at any reasonable time may request access to premises, records, and documents relevant to the complaint and the right to examine, photograph, and copy evidence. B. Every person subject to this Chapter shall:(1) Make and keep records relevant to the determination of whether unlawful practices have been or are being committed. (2) Preserve such records for relevant periods.(3) Make such reports therefrom as the commission shall prescribe by regulation or order, after public hearing, as reasonable, necessary, or appropriate for the enforcement of this Chapter or the regulations or orders thereunder. C. The commission, by regulation, shall require each person subject to this Chapter which controls an apprenticeship or other training program to keep all records reasonably necessary to carry out the purpose of the Chapter, including, but not limited to, a list of applicants who wish to participate in such program, including the chronological order in which applications were received, and to furnish to the commission upon request a detailed description of the manner in which persons are selected to participate in the apprenticeship or other training programs. D. A person who believes that the application to it of a regulation or order issued under this Section would result in undue hardship may apply to the commission for an exemption from the application of the regulation or order. If the commission finds that the application of the regulation or order to the person in question would impose an undue hardship, the commission may grant appropriate relief. E. To avoid undue burdens on persons subject to this Chapter, records and reports required by the commission under this Section shall conform as near as may be to similar records and reports required by federal law and the laws of other states and to customary recordkeeping practice. F. It is unlawful for a commissioner or employee of the commission to make public with respect to a particular person, without his consent, information obtained by the commission pursuant to its authority under this Section except as reasonably necessary to the conduct of a proceeding under this Chapter. G. If a person fails to permit access, examination, photographing, or copying or fails to make, keep, or preserve records or make reports in accordance with this Section, the district court for the parish in which such person is found, resides, or has his principal place of business, upon application of the commission, may issue an order requiring compliance Personnel files; Employee's right to review. The employer shall, upon written request from an employee or former employee, provide the employee, former employee or duly authorized representative with an opportunity to review and copy the employee's personnel file if the employer has a personnel file for that employee. The reviews and copying must take place at the location where the personnel files are maintained and during normal office hours unless, at the employer's discretion, a more convenient time and location for the employee are arranged. In each calendar year, the employer shall provide, at no cost to the employee, one copy of the entire personnel file when requested by the employee or former employee and, when requested by the employee or former employee, one copy of all the material added to the personnel file after the copy of the entire file was provided The cost of copying any other material requested during that calendar year is paid by the person requesting the copy. For the purpose of this section, a personnel file includes, but is not limited to, any formal or informal employee evaluations and reports relating to the employee's character, credit, work habits, compensation and benefits and non-privileged medical records or nurses' station notes relating to the employee that the employer has in the employer's possession. Records in a personnel file may be maintained in any form including paper, microfiche or electronic form. The employer shall take adequate steps to ensure the integrity and confidentiality of these records. An employer maintaining records in a form other than paper shall have available to the employee, former employee or duly authorized representative the equipment necessary to review and copy the personnel file. Any employer who, following a request pursuant to this section, without good cause fails to provide an opportunity for review and copying of a personnel file, within 10 days of receipt of that request, is subject to a civil forfeiture of $25 for each day

54 that a failure continues. The total forfeiture may not exceed $ 500. An employee, former employee or the Department of Labor may bring an action in the District Court or the Superior Court for such equitable relief, including an injunction, as the court may consider to be necessary and proper. The employer may also be required to reimburse the employee, former employee or the Department of Labor for costs of suit including a reasonable attorney's fee if the employee or the department receives a judgment in the employee's or department's favor, respectively. For the purposes of this section, the term "non-privileged medical records or nurses' station notes" means all those materials that have not been found to be protected from discovery or disclosure in the course of civil litigation under the Maine Rules of Civil Procedure, Rule 26, the Maine Rules of Evidence, Article V or similar rules adopted by the Workers' Compensation Board or other administrative tribunals. 20A: An employee or former employee of a school administrative unit, or the employee's representative, is entitled to review the following documents and reports: A. The employee's teacher action plan and other support system documents and reports maintained for certification purposes upon written request to the custodian designated to maintain those records; B. The employee's personnel file on written request to the superintendent if the superintendent of schools has a personnel file for the employee; and C. Any confidential records or documents provided to the commissioner pursuant to section 6101, subsection 3, if the records or documents were not simultaneously provided to the employee. 2. Time and place. Review of support system documents or a personnel file shall take place where the file is kept during normal school hours. 3. Contents. For purposes of this section, a "personnel file" includes, but is not limited to: A. Formal or informal employee work evaluation compiled and maintained for employment purposes; and B. Reports relating to the employee's character, credit, work habits, compensation and benefits Wages-Hours: Powers and duties of director 1. Every employer subject to this subchapter shall keep a true and accurate record of the hours worked by each employee and of the wages paid, such records to be preserved by the employer for a period of at least 3 years, and shall furnish to each employee with each payment of wages a statement that clearly shows the date of the pay period, the hours, total earnings and itemized deductions. An employer making payment by direct deposit or other means of electronic transfer shall provide each employee with an accurate record of the transfer, including the date of the pay period, the hours, total earnings and itemized deductions, when the transfer is made. If the record is provided in an electronic format the employer shall provide a method by which the employee may have ready access to the information and print it without cost to the employee. The director or the director's authorized representative may, and upon written complaint, shall have authority to enter the place of business or employment of any employer or employees in the State, as defined in section 663, for the purpose of examining and inspecting such records and copy any or all of such records as the director or the director's authorized representative determines necessary or appropriate. All information received is considered confidential and may not be divulged to any other person or agency, except as may be necessary for the enforcement of this subchapter. 2. The director may make and promulgate from time to time, pursuant to Title 5, section 8051 et seq., such rules and regulations, not inconsistent with this subchapter, as he may deem appropriate or necessary for the proper administration and enforcement of this subchapter. The rules and regulations affecting any particular class of employees and employers shall be made and promulgated only after a duly held public hearing with notice and opportunity to be heard to those employees and employers affected. Sec Child Labor; Minors under 18 years of age; Time book or other record

55 of hours worked; Inspection of; Violations. Every employer shall keep a time book or record for every minor under 18 years of age employed in any occupation, except the planting, cultivating or harvesting of field crops or other agricultural employment not in direct contact with hazardous machinery or hazardous substances, or household work, stating the number of hours worked by each minor under 18 years of age on each day of the week. The time book or record must be open at all reasonable hours to the inspection of the director, a director's deputy or any authorized agent of the bureau. Any employer who fails to keep the record required by this section or makes any false entry to the record, or refuses to exhibit the time book or record or makes any false statement to the director, a director's deputy or any authorized agent of the bureau in reply to any question in carrying out section 42-B and this section is liable for a violation of this section and section 42-B. Sec. 775.Child Labor; Minors under the age of 16; Work permits. 1. Work permit authority. A minor under 16 years of age may not be employed without a work permit signed by the superintendent of schools of the school administrative unit in which the minor resides and issued to the minor by the bureau. The superintendent may designate a school official to sign a work permit and that official is directly responsible to the superintendent for this activity. 2. Conditions for signature. The superintendent shall sign a permit in the following circumstances: A. If the school is in session or the minor is attending summer school, the minor must be enrolled in school, not habitually truant, not under suspension and passing a majority of courses during the current grading period. Upon request of the minor, the superintendent may waive the requirements for one grading period if, in the opinion of the superintendent, there are extenuating circumstances or if imposing the requirements would create an undue hardship for the minor; B. If school is not in session, the minor must furnish to the superintendent a certificate signed by the principal of the school last attended showing that the minor has satisfactorily completed kindergarten to grade 8 in the public schools or their equivalent. If the certificate can not be obtained, the superintendent shall examine the minor to determine whether the minor meets these educational standards; C. If the minor has been granted an exception to compulsory education under Title 20-A, section 5001-A, subsection 2, the minor must only submit proof of age as provided in subsection 3; or D. If school is in session, the superintendent may have signed only one work permit forthe minor at any given time. The superintendent may sign 2 work permits for the minor for the summer vacation period. 3. Proof of age. The superintendent may sign a permit only upon receiving and examining satisfactory evidence of the minor's age. Satisfactory evidence consists of a certified copy of the minor's birth certificate or baptismal record, a passport showing the date of birth or other documentary evidence of age satisfactory to the superintendent and approved by the director. The superintendent may require, in doubtful cases, a certificate signed by a physician appointed by the school board, stating that the minor has been examined and, in that physician's opinion, has reached the normal development of a minor of the same age and is in sufficiently sound health and physically able to perform the work the minor intends to do. 3-A. Issuance of work permit. The director or the director's agent shall issue the work permit to the minor upon verification: A. Of the proper approval by the superintendent or other designated school official; and B. That the employment conforms with the provisions of this subchapter. The superintendent's office shall distribute the work permit to the minor. The work permit is valid only for the employer and positions listed on the permit as issued by the bureau. 4. Conditions for revocation. The superintendent may revoke the work permit issued to a minor by the bureau if the superintendent determines that the minor has not maintained the conditions for issuance of the work permit under subsection 2, paragraph A. The superintendent shall revoke 2nd work permits at the end of the summer vacation in accordance with the limits imposed by subsection 2, paragraph D. The superintendent shall notify the Director of the Bureau of Labor

56 Standards and the minor's employer in writing upon revoking a minor's work permit. The revocation is effective upon receipt by the employer of the superintendent's notice. 5. Permit on file. The employer shall keep all work permits issued for the employer's minor employees on file and accessible to any attendance officer, factory inspector or other authorized officer charged with the enforcement of this subchapter. 6. Exception. This section does not apply to minors engaged in work performed in the planting, cultivating or harvesting of field crops or other agricultural employment not in direct contact with hazardous machinery or hazardous substances or to minors engaged in household work. Minors who are participants in summer youth employment and training programs funded by the Department of Labor are exempt from obtaining individual permits as long as the program employing the minor has submitted a master permit as developed by the director under section Child Labor; Work permit conclusive for employer; documentary evidence of age. A work permit in regular form signed by a duly authorized officer, for all minors under 16 years of age, is conclusive evidence of age and educational attainment, in behalf of the employer of any minor, upon any prosecution for violation of the law relating to the employment of minors. An inspector of factories, attendance officer or other officer charged with the enforcement of this subchapter may make demand on any employer in or about whose place or establishment a minor apparently under the age of 16 years is employed, permitted or suffered to work, that such employer shall either furnish the inspector within 10 days documentary evidence of age as specified in section 775, or shall cease to employ, permit or suffer such minor to work in such place or establishment. Sec Employment Practices: Prohibited employment discrimination. 1. Unlawful employment. It is unlawful employment discrimination, in violation of this Act, except when based on a bona fide occupational qualification: A. For any employer to fail or refuse to hire or otherwise discriminate against any applicant for employment because of race or color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin, because of the applicant's previous assertion of a claim or right under former Title 391 or Title 39-A2 or because of previous actions taken by the applicant that are protected under Title 26, chapter 7, subchapter 5-B;3 or, because of those reasons, to discharge an employee or discriminate with respect to hire, tenure, promotion, transfer, compensation, terms, conditions or privileges of employment or any other matter directly or indirectly related to employment; or, in recruiting of individuals for employment or in hiring them, to utilize any employment agency that the employer knows or has reasonable cause to know discriminates against individuals because of their race or color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin, because of their previous assertion of a claim or right under former Title 39 or Title 39-A or because of previous actions that are protected under Title 26, chapter 7, subchapter 5-B; (1) 4 This paragraph does not apply to discrimination governed by Title 39-A, section 353; B. For any employment agency to fail or refuse to classify properly, refer for employment or otherwise discriminate against any individual because of race or color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin, because of the individual's previous assertion of a claim or right under former Title 39 or Title 39-A or because of previous actions taken by the individual that are protected under Title 26, chapter 7, subchapter 5-B; or to comply with an employer's request for the referral of job applicants if a request indicates either directly or indirectly that the employer will not afford full and equal employment opportunities to individuals regardless of their race or color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin, because of previous assertion of a claim or right under former Title 39 or Title 39-A or because of previous actions that are protected under Title 26, chapter 7, subchapter 5-

57 B; C. For any labor organization to exclude from apprenticeship or membership or to deny full and equal membership rights to any applicant for membership because of race or color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin, because of the applicant's previous assertion of a claim or right under former Title 39 or Title 39-A or because of previous actions taken by the applicant that are protected under Title 26, chapter 7, subchapter 5-B; or, because of those reasons, to deny a member full and equal membership rights, expel from membership, penalize or otherwise discriminate with respect to hire, tenure, promotion, transfer, compensation, terms, conditions or privileges of employment, representation, grievances or any other matter directly or indirectly related to membership or employment, whether or not authorized or required by the constitution or bylaws of that labor organization or by a collective labor agreement or other contract; to fail or refuse to classify properly or refer for employment or otherwise discriminate against any member because of race or color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin, because of the member's previous assertion of a claim or right under former Title 39 or Title 39-A or because of previous actions taken by the member that are protected under Title 26, chapter 7, subchapter 5-B; or to cause or attempt to cause an employer to discriminate against an individual in violation of this section, except that it is lawful for labor organizations and employers to adopt a maximum age limitation in apprenticeship programs, if the employer or labor organization obtains prior approval from the Maine Human Rights Commission of any maximum age limitation employed in an apprenticeship program. The commission shall approve the age limitation if a reasonable relationship exists between the maximum age limitation employed and a legitimate expectation of the employer in receiving a reasonable return upon the employer's investment in an apprenticeship program. The employer or labor organization bears the burden of demonstrating that such a relationship exists; D. For any employer, employment agency or labor organization, prior to employment or admission to membership of any individual, to: (1) Elicit or attempt to elicit information directly or indirectly pertaining to race or color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin, any previous assertion of a claim or right under former Title 39 or Title 39-A or any previous actions that are protected under Title 26, chapter 7, subchapter 5-B; (2) Make or keep a record of race or color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin, any previous assertion of a claim or right under former Title 39 or Title 39-A or any previous actions that are protected under Title 26, chapter 7, subchapter 5-B, except under physical or mental disability when an employer requires a physical or mental examination prior to employment, a privileged record of that examination is permissible if made and kept in compliance with this Act; (3) Use any form of application for employment, or personnel or membership blank containing questions or entries directly or indirectly pertaining to race or color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin, any previous assertion of a claim or right under former Title 39 or Title 39-A or any previous actions that are protected under Title 26, chapter 7, subchapter 5-B. This section does not prohibit any officially recognized government agency from keeping records permitted to be kept under this Act in order to provide free services to individuals requesting rehabilitation or employment assistance; (4) Print, publish or cause to be printed or published any notice or advertisement relating to employment or membership indicating any preference, limitation, specification or discrimination based upon race or color, sex, sexual orientation, physical or mental disability, religion, age, ancestry or national origin, any previous assertion of a claim or right under former Title 39 or Title 39-A or any previous actions that are protected under Title 26, chapter 7, subchapter 5-B; or (5) Establish, announce or follow a policy of denying or limiting, through a quota system or otherwise, employment or membership opportunities of any group because of the race or color, sex, sexual orientation,

58 physical or mental disability, religion, age, ancestry or national origin, the previous assertion of a claim or right under former Title 39 or Title 39-A or because of previous actions that are protected under Title 26, chapter 7, subchapter 5-B, of that group; or E. For an employer, employment agency or labor organization to discriminate in any manner against individuals because they have opposed a practice that would be a violation of this Act or because they have made a charge, testified or assisted in any investigation, proceeding or hearing under this Act. 2. Unlawful discrimination against qualified individual with a disability. A covered entity may not discriminate against a qualified individual with a disability because of the disability of the individual in regard to job application procedures, the hiring, advancement or discharge of employees, employee compensation, job training and other terms, conditions and privileges of employment. A qualified individual with a disability, by reason of that disability, may not be excluded from participation in or be denied the benefits of the services, programs or activities of a public covered entity, or be subjected to discrimination by any such covered entity relating to job application procedures, the hiring, advancement or discharge of employees, employee compensation, job training and other terms, conditions and privileges of employment. A. The prohibition of this subsection against discrimination includes medical examinations and inquiries. B. Except as provided in paragraph C, a covered entity may not conduct a medical examination or make inquiries of a job applicant as to whether the applicant is an individual with a disability or as to the nature or severity of the disability. A covered entity may make preemployment inquiries into the ability of an applicant to perform job-related functions. C. A covered entity may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of the applicant and may condition an offer of employment on the results of the examination, if: (1) All entering employees are subjected to the same examination regardless of disability; (2) Information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that: (a) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations; (b) First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; and (c) Government officials investigating compliance with this Act are provided relevant information on request; and (3) The results of the examination are used only in accordance with this Act. D. A covered entity may not require a medical examination and may not make inquiries of an employee as to whether the employee is an individual with a disability or as to the nature or severity of the disability, unless the examination or inquiry is shown to be job-related and consistent with business necessity. E. A covered entity may conduct voluntary medical examinations, including voluntary medical histories, that are part of an employee health program available to employees at that work site. A covered entity may make inquiries into the ability of an employee to perform jobrelated functions. Information obtained under this paragraph regarding the medical condition or history of an employee is subject to the requirements of paragraph C, subparagraphs (2) and (3). F. For purposes of this subsection, a test to determine the illegal use of drugs may not be considered a medical examination.(1) 4 A covered entity:(a) May prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees; (b) May require that employees may not be under the influence of alcohol or be engaging in the illegal use of drugs at the workplace; (c) May require that employees behave in conformance with the requirements established under the federal Drug-free Workplace Act of 1988, 41 United States Code, Section 701 et seq.;5 and (d) May hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification standards for employment or job performance and behavior to which that entity holds other employees, even if any unsatisfactory performance or behavior is related to the drug use or alcoholism of the employee;

59 provided that an employer shall make reasonable accommodation to an alcoholic or drug user who is seeking treatment or has successfully completed treatment. Maryland Sec Employment Practices: Maintenance of records. A. Record Preservation Requirements. Any personnel or employment record (including, but not limited to: employment application forms, applicant and employee rating sheets, tests, and other records having to do with job referral, hiring, promotion, demotion, transfer, lay-off, rates of pay or other terms of compensation, seniority, labor organization memberships or selection for training or apprenticeship) made or kept by an employer, employment agency or labor organization shall be preserved for a period of at least one (1) year from the date of the making of the record or the personnel action involved, whichever occurs later. When an employee has been involuntarily terminated, the personnel records of the individual terminated shall be kept for a period of one (1) year from the date of termination (i) (1) Subject to paragraph (2) of this subsection, a custodian shall deny inspection of a personnel record of an individual, including an application, performance rating, or scholastic achievement information. (2) A custodian shall permit inspection by: (i) the person in interest; or (ii) an elected or appointed official who supervises the work of the individual. (Note: Only public employers are covered under Maryland's public records law (10-616(i)(2)). [Editors Note:] Effective, June 4, 2007, Title 7 Subtitle 1, Chapter 2, sections 2 and 4 are amended as follows: a custodian of a personnel file will have 10 days to respond to a request for a personnel record STATE PERS. & PENS. Military Leave - (e) Records. The Department shall keep a record of the use of military administrative leave under this section LAB. & EMPL. Wage and Hour Law-Employers required to keep employee records, wage records. Each employer shall keep, for at least 3 years, in or about the place of employment, a record of: (1) the name, address, and occupation of each employee; (2) the rate of pay of each employee; (3) the amount that is paid each pay period to each employee; (4) the hours that each employee works each day and workweek; and (5) other information that the Commissioner requires, by regulation, as reasonable to enforce this subtitle. Massachusetts 149: 52C Personnel records; review by employee; corrections- Any employer receiving a written request from an employee shall provide the employee with an opportunity to review his personnel record within five business days of such request. The review shall take place at the place of employment and during normal business hours. An employee shall be given a copy of his personnel record within five business days of submission of a written request for such copy to his employer. If there is a disagreement with any information contained in a personnel record, removal or correction of such information may be mutually agreed upon by the employer and the employee. If an agreement is not reached, the employee may submit a written statement explaining the employee's position which shall thereupon be contained therein and shall become a part of such employee's personnel record. The statement shall be included when said information is transmitted to a third party as long as the original information is retained as part of the file. If an employer places in a personnel record any information which such employer knew or should have known to be false, then the employee shall have remedy through the collective bargaining agreement, other personnel procedures or judicial process to have such information expunged. The provisions of this section shall not prohibit the removal of information contained in a personnel record upon mutual agreement of the employer and employee for any reason.

60 149: 56. WORK BY WOMEN AND CHILDREN; Hours of work; posting notices; making up time lost by stoppage of machinery; employment by shifts; minors employed on farms. Section 56. No minor shall be employed or permitted to work in, or in connection with, any factory or workshop, or any manufacturing, mercantile or mechanical establishment, telegraph office or telephone exchange, or any express or transportation company, or any private club, or any office, letter shop or financial institution, or any laundry, hotel, manicuring or hairdressing establishment, or any motion picture or other theater or any other place of amusement, or any garage, or any hospital in a nonprofessional capacity, or in any beauty culture, weight reducing or other similar establishment, or be employed as an elevator operator, or as a switchboard operator in a private exchange, or in domestic service in the home of the employer, more than nine hours in any one day, and, except as to transportation or telephone companies, and except as to hotels, private clubs and places of amusement where the employment is determined by the attorney general to be by seasons, and except as to hotels where meals are served only during three separate periods totalling not more than seven hours in any one day and the employment is connected with the serving of said meals, if the work so performed by such a minor in one day is not continuous, but is divided into two or more periods, the work of such minor shall be so arranged that all such periods of work shall fall within a period of not exceeding ten consecutive hours, except that in the case of mercantile establishments such periods of work may fall within a period of not exceeding eleven and one-half consecutive hours during a total of not more than seven days in any calendar year of which six shall be six weekdays within a period of four weeks immediately preceding Christmas and the seventh the Saturday immediately preceding Easter, except that in any place of employment where the principal source of income of certain employees is in tips or gratuities, upon the written petition of not less than sixty per cent of such employees, the attorney general may allow such periods of work to fall within a period not exceeding twelve consecutive hours; and in no case shall the hours of labor exceed forty-eight in a week, except that in manufacturing establishments or hotels where the employment is determined by the department to be by seasons, the number of such hours in any week may exceed forty-eight, but, except in the work of fish processing when necessary in the judgment of the attorney general, and then only during the months of June, July, August, September and October, shall not exceed fifty-two, provided that the total number of such hours in any year shall not exceed an average of forty-eight hours a week for the whole year, excluding Sundays and holidays; and if any minor shall be employed or permitted to work in more than one such place, the total number of hours of such employment shall not exceed fortyeight hours in any one week. The hours of labor of nonprofessional employees in a nursing or convalescent home, or rest home, or charitable home for the aged shall not exceed forty-eight hours in any one week. The attorney general may grant authority for office workers to exceed nine hours of labor in any one day; provided, that the hours of labor of such workers shall not exceed forty-eight in a week. Every employer, except those hereinafter designated, and except employers of persons in domestic service in the employer's home, shall post and keep posted in such manner as the attorney general may require in a conspicuous place in every room where such persons are employed a printed notice stating the number of hours' work required of them on each day of the week, the hours of beginning and stopping work, and the hours when the time allowed for meals begins and ends, or, in case of mercantile establishments and of establishments exempted from section one hundred, the time, if any, allowed for meals. The employment of any such person at any time, other than as stated in said printed notice, shall be deemed a violation of this section unless such employment was to make up time lost on a previous day of the same week by reason of stopping, for not less than thirty consecutive minutes, of machinery upon which such person was employed or dependent for employment and unless a written report of the date, hour

61 and duration of the stopping of such machinery is sent to the attorney general within forty-eight hours of its occurrence; nor shall such overtime employment be authorized because of the stopping of machinery for the celebration of any holiday. Every employer engaged in furnishing public service, or in any other kind of business in respect to which the attorney general shall find that public necessity or convenience requires the employment of minors by shifts during the different periods or parts of the day, shall post and keep posted in such manner as the attorney general may require in a conspicuous place in every room where such persons are employed a printed notice stating separately the hours of employment for each shift or tour of duty and the amount of time allowed for meals. A list by name of the employees, stating in which shift each is employed, shall be kept on file at each place of employment for inspection by employees and by officers charged with enforcement of this law. In cases of extraordinary emergency or extraordinary public requirement, this section shall not apply to employers engaged in public service or in other kinds of business in which shifts may be required as hereinbefore stated, but no such emergency or public requirement shall justify a variance from the preceding requirements of this section until a written report of the day and hour of its occurrence and its duration is sent to the department. This section shall not apply to persons who are declared by the attorney general to be employed in a professional, executive, administrative or supervisory capacity or as personal secretaries. The attorney general may grant authority for employees of hospitals to be employed for more than nine hours in one day and forty-eight hours in one week and outside of a period of ten consecutive hours, or for employees of nursing or convalescent homes, rest homes and charitable homes for the aged to be employed for more than forty-eight hours in one week, if he finds that an emergency exists. Notwithstanding any other provision of this chapter, no minor under fourteen shall be employed in service on a farm for a total of more than four hours in any one day nor more than a total of twenty-four hours in any one week, except that the provisions of this paragraph shall not apply to the employment of a minor under fourteen who is related by blood or marriage to the owner or operator of the farm on which such minor is employed. 151;15. Fair Minimum Wage-Employer's records; statement furnished to commissioner or attorney general; inspection of records by employee. Section 15. Every employer shall keep a true and accurate record of the name, address and occupation of each employee, of the amount paid each pay period to each employee, of the hours worked each day and each week by each employee, and such other information as the commissioner or the attorney general in their discretion shall deem material and necessary. Such records shall be kept on file for at least two years after the entry date of the record. Such records shall be maintained at the place of employment, at an office of the employer, or with a bank, accountant or other central location and shall be open to the inspection of the commissioner or the attorney general, or their authorized representatives at any reasonable time, and the employer shall furnish immediately to the attorney general, commissioner or representative, upon request, a copy of any of these records. Every employer shall furnish to the commissioner, or the attorney general, or their authorized representative, on demand, a sworn statement of such record, and, if the commissioner or the attorney general shall so require, upon forms prescribed or approved by him. An employer shall allow an employee at reasonable times and places to inspect the records kept under this section and pertaining to that employee. 149:24D.DISCRIMINATION AGAINST CERTAIN PERSONS IN EMPLOYMENT ON ACCOUNT OF AGE; Records of ages of employees; copy furnished to commissioner; violation of statute. Section 24D. Every person shall keep true and accurate records of the ages of all persons employed by him, as far as practicable to do so, and shall upon demand furnish to the commissioner or his

62 authorized representative a true copy of any such record, verified upon oath. Such records shall be open to investigation by the commissioner or his authorized representative at any reasonable time. Whoever violates any provision of this section shall be punished by a fine of not less than twenty-five nor more than one hundred dollars, and each day of failure to keep such records or to furnish such copies thereof, upon demand, to the commissioner or his authorized representative shall constitute a separate offense. Michigan EMPLOYEE LEAVE FOR CERTAIN FAMILY OBLIGATIONS; Records. An employer requesting that employees provide certifications under the Small Necessities Leave Act shall keep copies of the certifications provided by the employee for a period of no less than two years. Such records shall be available for the inspection by the Attorney General's Office Access to Personnel Files: An employer, upon written request which describes the personnel record, shall provide the employee with an opportunity to periodically review at reasonable intervals, generally not more than 2 times in a calendar year or as otherwise provided by law or a collective bargaining agreement, the employee's personnel record if the employer has a personnel record for that employee. The review shall take place at a location reasonably near the employee's place of employment and during normal office hours. If a review during normal office hours would require an employee to take time off from work with that employer, then the employer shall provide some other reasonable time for the review. The employer may allow the review to take place at another time or location that would be more convenient to the employee. After the review provided in section 3, an employee may obtain a copy of the information or part of the information contained in the employee's personnel record. An employer may charge a fee for providing a copy of information contained in the personnel record. The fee shall be limited to the actual incremental cost of duplicating the information. If an employee demonstrates that he or she is unable to review his or her personnel record at the employing unit, then the employer, upon that employee's written request, shall mail a copy of the requested record to the employee. If there is a disagreement with information contained in a personnel record, removal or correction of that information may be mutually agreed upon by the employer and the employee. If an agreement is not reached, the employee may submit a written statement explaining the employee's position. The statement shall not exceed 5 sheets of 8-1/2-inch by 11-inch paper and shall be included when the information is divulged to a third party and as long as the original information is a part of the file. If either the employer or employee knowingly places in the personnel record information which is false, then the employer or employee, whichever is appropriate, shall have remedy through legal action to have that information expunged BULLARD-PLAWECKI EMPLOYEE RIGHT TO KNOW ACT; Gathering or keeping certain information prohibited; exceptions; information as part of personnel record. Sec. 8. (1) An employer shall not gather or keep a record of an employee's associations, political activities, publications, or communications of nonemployment activities, except if the information is submitted in writing by or authorized to be kept or gathered, in writing, by the employee to the employer. This prohibition on records shall not apply to the activities that occur on the employer's premises or during the employee's working hours with that employer that interfere with the performance of the employee's duties or duties of other employees. (2) A record which is kept by the employer as permitted under this section shall be part of the personnel record BULLARD-PLAWECKI EMPLOYEE RIGHT TO KNOW ACT; Investigation of criminal activity by employer; separate file of information; notice to employee; destruction or notation of final disposition of file and copies;

63 prohibited use of information. Sec. 9. (1) If an employer has reasonable cause to believe that an employee is engaged in criminal activity which may result in loss or damage to the employer's property or disruption of the employer's business operation, and the employer is engaged in an investigation, then the employer may keep a separate file of information relating to the investigation. Upon completion of the investigation or after 2 years, whichever comes first, the employee shall be notified that an investigation was or is being conducted of the suspected criminal activity described in this section. Upon completion of the investigation, if disciplinary action is not taken, the investigative file and all copies of the material in it shall be destroyed. (2) If the employer is a criminal justice agency which is involved in the investigation of an alleged criminal activity or the violation of an agency rule by the employee, the employer shall maintain a separate confidential file of information relating to the investigation. Upon completion of the investigation, if disciplinary action is not taken, the employee shall be notified that an investigation was conducted. If the investigation reveals that the allegations are unfounded, unsubstantiated, or disciplinary action is not taken, the separate file shall contain a notation of the final disposition of the investigation and information in the file shall not be used in any future consideration for promotion, transfer, additional compensation, or disciplinary action MINIMUM WAGE: Statement of wages, hours, and deductions; inspection; posting of regulations and orders. Sec. 11. Every employer, subject to the provisions of this act or of any regulation or order issued thereunder, shall furnish the employee a statement of the hours worked by the employee and of the wages paid to him listing deductions made each pay period and the employer shall furnish the commissioner upon demand a sworn statement of the same. Such records shall be open to inspection by the commissioner, his deputy or any authorized agent of the department at any reasonable time. Every employer subject to the provisions of this act or of any regulation or order issued under its provisions shall keep a copy of them posted in a conspicuous place in the area where employees are employed. The commissioner shall furnish copies of this act and the regulations and orders to employers without charge YOUTH EMPLOYMENT STANDARDS ACT; Posting copy of , , and ; time record. Sec. 13. (1) Each employer shall keep posted conspicuously in or about the premises at which a minor is employed, a printed copy of sections 10, 11, and 12 as furnished by the department. (2) Each employer shall keep in or about the premises at which a minor is employed, an adequate time record which shall state the number of hours worked by the minor each day of the week together with starting and ending times and other information the department of labor requires. The employer shall keep the record on file for not less than 1 year YOUTH EMPLOYMENT STANDARDS ACT; Employment of minor; copy of work permit or temporary permit required; issuance and filing of work permit; duration of temporary permit; oath; return of permit; exception to work permit requirement; evidence of age; exception in subsection (3) inapplicable to other provisions. Sec. 4. (1) Except as provided in subsection (3), a minor shall not be employed in an occupation regulated by this act until the person proposing to employ the minor procures from the minor and keeps on file at the place of employment a copy of the work permit or a temporary permit. The work permit shall be issued by the issuing officer of the school district, intermediate school district, public school academy, or nonpublic school at which the minor is enrolled, and a copy of the work permit shall be placed in the minor's permanent school file for as long as the minor is

64 employed. A temporary permit is valid for 10 days from the date of issue. A work permit may be issued by the school district in which the minor's place of employment is located, or by the public school academy or nonpublic school nearest that place of employment. An issuing officer may administer oaths in relation to work permits. (2) Immediately after the termination of the minor's employment, the employer shall return the permit to the issuing officer. (3) The work permit requirement of subsection (1) does not apply to any of the following: (a) A minor 13 years of age or older who is employed in farming operations involving detasseling, roguing, hoeing, or any similar act involved in the production of seed. This exception applies only when a minor is employed during school vacation periods or when the minor is not regularly enrolled in school. An employer shall keep on file at the place of employment evidence of the age of any minor employed under this work permit exception. Evidence of the age of the minor shall be established as provided in section 5(b). (b) A minor who is performing work as an unpaid volunteer for an organization that is recognized as taxexempt under, or whose purposes, structure, or activities are exclusively those that are described in, section 501(c)(3) of the internal revenue code, 26 USC 501(c)(3). (c) A minor who is performing work as an unpaid volunteer for a fair or exhibition operated and managed under 1929 PA 11, MCL to , or held by an agricultural or horticultural society under 1855 PA 80, MCL to (4) A work permit exception in subsection (3) does not provide an exemption from any other provision of this act YOUTH EMPLOYMENT STANDARDS ACT; Exemption; emancipated minor; duty of employer. Sec. 17. This act shall not apply to nor prohibit the employment of an emancipated minor, as defined by section 4 of Act No. 293 of the Public Acts of 1968, as amended, being section of the Michigan Compiled Laws. An employer, before employing the minor, shall obtain and keep on file proof of the minor's emancipated status ELLIOTT-LARSEN CIVIL RIGHTS ACT ; Employer, labor organization, or employment agency; publication of statement, advertisement, etc., indicating preference, limitation, etc., based on religion, race, etc., prohibited. (1) An employer, labor organization, or employment agency shall not print, circulate, post, mail, or otherwise cause to be published a statement, advertisement, notice, or sign relating to employment by the employer, or relating to membership in or a classification or referral for employment by the labor organization, or relating to a classification or referral for employment by the employment agency, which indicates a preference, limitation, specification, or discrimination, based on religion, race, color, national origin, age, sex, height, weight, or marital status. (2) Except as permitted by rules promulgated by the commission or by applicable federal law, an employer or employment agency shall not: (a) Make or use a written or oral inquiry or form of application that elicits or attempts to elicit information concerning the religion, race, color, national origin, age, sex, height, weight, or marital status of a prospective employee. (b) Make or keep a record of information described in subdivision (a) or to disclose that information. (c) Make or use a written or oral inquiry or form of application that expresses a preference, limitation, specification, or discrimination based on religion, race, color, national origin, age, sex, height, weight, or marital status of a prospective employee. Sec. R Employment Practices:, Recordkeeping requirements; Disclosure. (1) Any person who wishes, for purposes not Inconsistent with the Constitution and statutes, to make any of the records prohibited by sections 206 and 402(c) of Act No.

65 220 of the Public Acts of 1976 and sections 206 and 402(c) of Act No. 453 of the Public Acts of 1976, being , (c), , and (c) of the Michigan Compiled Laws, may apply to the commission, stating the specific purpose, method of compilation, and disposition of such information. The commission may permit the making or keeping of such records for limited periods upon such application. (2) A person subject to section 206 of Act No. 453 of the Public Acts of 1976 and section 206 of Act No. 220 of the Public Acts of 1976, being and of the Michigan Compiled Laws, shall, upon request of the department or commission, disclose information covered by the above sections and shall not thereby be in violation of those provisions. A person subject to the same sections may retain records and information previously and lawfully obtained from prospective employees, but may not disclose that information except as provided in this rule. Minnesota PERSONS WITH DISABILITIES CIVIL RIGHTS ACT; Notices, advertisements, applications, records. (1) An employer, labor organization, or employment agency shall not print or publish or cause to be printed or published a notice or advertisement relating to employment by the employer or membership in or a classification or referral for employment by the labor organization, or relating to a classification or referral for employment by the employment agency, indicating a preference, limitation, specification, or discrimination, based on a disability that is unrelated to the individual's ability to perform the duties of a particular job or position. (2)Except as permitted by applicable federal law, an employer or employment agency shall not: (a) Make or use a written or oral inquiry or form of application that elicits or attempts to elicit information concerning the disability of a prospective employee for reasons contrary to the provisions or purposes of this act. (b) Make or keep a record of information or disclose information concerning the disability of a prospective employee for reasons contrary to the provisions or purposes of this act. (b) Make or keep a record of information or disclose information concerning the disability of a prospective employee for reasons contrary to the provisions or purposes of this act Upon written request by an employee, the employer shall provide the employee with an opportunity to review the employee's personnel record. An employer is not required to provide an employee with an opportunity to review the employee's personnel record if the employee has reviewed the personnel record during the previous six months; except that, upon separation from employment, an employee may review the employee's personnel record only once at any time within one year after separation. (a) The employer shall comply with a written request pursuant to subdivision 1 no later than seven working days after receipt of the request if the personnel record is located in this state, or no later than 14 working days after receipt of the request if the personnel record is located outside this state. (b) With respect to current employees, the personnel record or an accurate copy must be made available for review by the employee during the employer's normal hours of operation at the employee's place of employment or other reasonably nearby location, but need not be made available during the employee's working hours. The employer may require that the review be made in the presence of the employer or the employer's designee. After the review and upon the employee's written request, the employer shall provide a copy of the record to the employee. (c) With respect to employees who are separated from employment, upon the employee's written request, the employer shall provide a copy of the personnel record to the employee. Providing a copy of the employee's personnel record to the employee satisfies the employer's responsibility to allow review as stated in subdivision 1. (d) The employer may not charge a fee for the copy. The employer may deny the employee the right to review the employee's personnel record if the employee's request to review is not made in good faith. The burden of proof that the request to review is not made in good faith is on the employer.

66 (1) the employer and the employee may agree to remove or revise the disputed information; and (2) if an agreement is not reached, the employee may submit a written statement specifically identifying the disputed information and explaining the employee's position. (b) The employee's position statement may not exceed five written pages. The position statement must be included along with the disputed information for as long as that information is maintained in the employee's personnel record. A copy of the position statement must also be provided to any other person who receives a copy of the disputed information from the employer after the position statement is submitted. (a) No communication by an employee of information obtained through a review of the employee's personnel record may be made the subject of any action by the employee for libel, slander, or defamation, unless the employee requests that the employer comply with subdivision 1 and the employer fails to do so. (b) No communication by an employer of information contained in an employee's personnel record after the employee has exercised the employee's right to review pursuant to section may be made the subject of any common law civil action for libel, slander, or defamation unless: (1) the employee has disputed specific information contained in the personnel record pursuant to subdivision 1; (2) the employer has refused to agree to remove or revise the disputed information; (3) the employee has submitted a written position statement as provided under subdivision 1; and (4) the employer either (i) has refused or negligently failed to include the employee's position statement along with the disputed information or thereafter provide a copy of the statement to other persons as required under subdivision 1, or (ii) thereafter communicated the disputed information with knowledge of its falsity or in reckless disregard of its falsity. (c) A common law civil action for libel, slander, or defamation based upon a communication of disputed information contained in an employee's personnel record is not prohibited if the communication is made after the employer and the employee reach an agreement to remove or revise disputed information and the communication is not consistent with the agreement PROTECTED PERSONNEL INFORMATION; Access to Employee Assistance Records. Subdivision 1. Definitions. (a) For the purpose of this section, the following terms have the meanings given to them in this subdivision. (b) "Employee assistance services" means services paid for or provided by an employer and offered to employees or their family members on a voluntary basis. The services are designed to assist in the identification and resolution of productivity problems associated with personal concerns. Services include, but are not limited to, assessment; assistance; counseling or referral assistance with medical or mental health problems; alcohol or drug use; or emotional, marital, familial, financial, legal, or other personal problems. (c) "Employer" means a person or entity located or doing business in the state and having one or more employees, but does not include a government entity that is subject to chapter 13. (d) "Employee assistance provider" means an employer, or a person acting on behalf of an employer, who is providing employee assistance services. (e) "Employee assistance records" means the records created, collected, or maintained by an employee assistance provider that relate to participation by an employee or an employee's family member in employee assistance services. Employee assistance records do not include: (1) written or recorded comments or data of a personal nature about a person other than the employee, if disclosure of the information would constitute an intrusion upon that person's privacy; (2) written or recorded comments or data kept by the employee's supervisor or an executive, administrative, or professional employee, provided the written comments or data are kept in the sole possession of the author of the record; (3) information that is not discoverable in a worker's compensation, grievance arbitration, administrative, judicial, or quasi-judicial proceeding; or (4) any portion of a written, recorded, or transcribed statement by a third party about the recipient of employee assistance

67 services that discloses the identity of the third party by name, inference, or otherwise. Subd. 2. Access. Upon written request of a person who has received employee assistance services, or a parent or legal guardian of the person if the person is a minor, an employee assistance provider shall provide the requesting person with an opportunity to review and obtain copies of the person's employee assistance records or the pertinent portion of the records specified by the person. An employee assistance provider shall comply with a request under this subdivision no later than seven working days after receipt of the request if the records are located in this state, or 14 working days after receipt of the request if the records are located outside this state. An employee assistance provider may not charge a fee for a copy of the record. Subd. 3. Relation to personnel file. Employee assistance records must be maintained separate from personnel records and must not become part of an employee's personnel file. Subd. 4. Other rights preserved. The rights and obligations created by this section are in addition to rights or obligations created under a contract or other law governing access to records. Subd. 5. Disclosure. No portion of employee assistance records, or participation in employee assistance services, may be disclosed to a third person, including the employer or its representative, without the prior written authorization of the person receiving services, or the person's legal representative. This subdivision does not prohibit disclosure: (1) pursuant to state or federal law or judicial order; (2) required in the normal course of providing the requested services; or (3) if necessary to prevent physical harm or the commission of a crime. Subd. 6. Remedies. In addition to other remedies provided by law, the recipient of employee assistance services may bring a civil action to compel compliance with this section and to recover actual damages, plus costs and reasonable attorney fees. 181A.06 CHILD LABOR; Age Certificates. Subd. 4. Filing requirements. The employer shall keep an age certificate for the duration of the minor's employment and shall keep on file all age certificates, copies of birth records or copies of drivers' licenses presented to the employer pursuant to subdivision 1, where they may be readily examined by an agent of the Division of Labor Standards Municipalities; MUNICIPAL RIGHTS, POWERS, DUTIES; JOINT POWERS ; Report Availability. Notwithstanding section 13.37, every political subdivision shall submit a report containing the results of the job evaluation system to the exclusive representatives of their employees to be used by both parties in contract negotiations. At a minimum, the report to each exclusive representative shall identify the female-dominated classes in the political subdivision for which compensation inequity exists, based on the comparable work value, and all data not on individuals used to support these findings LABOR STANDARDS AND WAGES: Keeping Records; Penalty. (a) Every employer subject to sections to must make and keep a record of: (1) the name, address, and occupation of each employee; (2) the rate of pay, and the amount paid each pay period to each employee; (3) the hours worked each day and each workweek by the employee; (4) for each employer subject to sections to , and while performing work on public works projects funded in whole or in part with state funds, the employer shall furnish under oath signed by an owner or officer of an employer to the contracting authority and the project owner every two weeks, a certified payroll report with respect to the wages and benefits paid each employee during the preceding weeks specifying for each employee: name; identifying number; prevailing wage master job classification; hours worked each day; total hours; rate of pay; gross amount earned; each deduction for taxes; total deductions; net pay for week; dollars contributed per hour for each benefit, including name and address of administrator; benefit account number; and telephone number for health and welfare, vacation or holiday,

68 apprenticeship training, pension, and other benefit programs; and (5) other information the commissioner finds necessary and appropriate to enforce sections to The records must be kept for three years in or near the premises where an employee works except each employer subject to sections to , and while performing work on public works projects funded in whole or in part with state funds, the records must be kept for three years after the contracting authority has made final payment on the public works project. (b) The commissioner may fine an employer up to $1,000 for each failure to maintain records as required by this section. This penalty is in addition to any penalties provided under section , subdivision 1. In determining the amount of a civil penalty under this subdivision, the appropriateness of such penalty to the size of the employer's business and the gravity of the violation shall be considered. Missouri COMPLAINTS; PROCEDURES; COMPLIANCE AGENCY PROCEDURE. PRESERVATION OF RECORDS. Subpart 1. While charge pending. A respondent notified of a charge shall retain all documents related to the charge that are under its control. The documents must be retained until the commissioner notifies the respondent that the charge has been resolved. Subp. 2. During monitoring period. The commissioner may require as part of a conciliation or settlement agreement that the respondent retain documents related to a charge for a period of time specified in the agreement. Subp. 3. Retention of records. An employer, employment agency, labor organization, or an operator of an apprenticeship or other training program subject to the act must retain all applicant and employment records for one year after the records are made. Subp. 4. Records at educational institutions. An educational institution shall not make inquiries; or create, maintain, or use records that are prohibited in Minnesota Statutes, section 363A.13, subdivision 3, except for meeting the requirements of an affirmative action plan; or meeting the reporting requirements of federal or state agencies. When these exceptions do occur, all material or information that identifies the race, color, creed, religion, national origin, sex, age, marital status, or disability of a student or person seeking to be admitted as a student to the institution, when received, must be kept secure and private. The material or information must be available only to authorized personnel for meeting affirmative action requirements or reporting requirements of federal or state agencies MINIMUM WAGE LAW: Employer to keep records director may inspect, records to be confidential. Every employer subject to any provision of sections to or any regulation issued under sections to shall make and keep for a period of not less than three years on or about the premises wherein any employee is employed or at some other premises which is suitable to the employer, a record of the name, address and occupation of each of his employees, the rate of pay, the amount paid each pay period to each employee, the hours worked each day and each workweek by the employee and any goods or services provided by the employer to the employee as provided in section The records shall be open for inspection by the director by appointment. Where the records required under this section are kept outside the state, the records shall be made available to the director upon demand. Every such employer shall furnish to the director on demand a sworn statement of time records and information upon forms prescribed or approved by the director. All the records and information obtained by the department of labor and industrial relations are confidential and shall be disclosed only on order of a court of competent jurisdiction CHILD LABOR; Work certificates or work permits transmitted to employer, return to officer, reissue, record. 1. Whenever a child is granted a work certificate or work permit, the certificate or work permit shall be transmitted by the issuing officer to the employer of the child and a copy shall be transmitted to the

69 division. The employer shall keep the work certificate or work permit on file and shall post in a conspicuous place in the employer's place of business a list of all children who are employed and under the age of sixteen. 2. On termination of the employment of the child, the child's work certificate or work permit shall be sent immediately by the employer to the officer who issued it. 3. A new certificate or work permit may be issued for a child whose certificate or work permit has been returned by the employer to the issuing officer. 4. A copy of each work certificate or work permit issued and notice of its cancellation shall be retained by the issuing officer and a copy shall be transmitted by the issuing officer to the division CHILD LABOR; Director of division of labor standards to enforce rights, duties record keeping required cancellation of work certificate or work permit. 1. The director is charged with the enforcement of the provisions of this chapter and all other laws regulating the employment of children. The director is vested with the power and jurisdiction to exercise such supervision over every employment as may be necessary to adequately enforce and administer the provisions of this chapter, including the right to enter any place where children are employed and to inspect the premises and to require the production of work certificates or work permits and any other necessary documents specifically requested that involve the employment of children. 2. Every employer subject to any provision of sections to or any regulation issued pursuant to sections to shall make and keep for a period of not less than two years, on the premises where any child is employed, the work certificate, a record of the name, address, and age of the child, and times and hours worked by the child each day. 3. All records and information obtained by the division pertaining to minors are confidential and personal identifying information shall be disclosed only by order of a court of competent jurisdiction. 4. If it appears that a work certificate or work permit has been improperly granted or illegally used, or the child is being injured, or is likely to be injured by the employment, this fact shall be reported to the issuing officer who shall cancel the work certificate or work permit. Notice in writing of the cancellation, with reasons therefore, shall be transmitted immediately to the child and to the person employing the child, and thereafter it shall be unlawful for any such person to continue to employ the child. Sec. 8 CSR Employment Practices: Records; Posting of posters and interpretations. (1) Every employer, labor organization, employment agency or other business or establishment covered by Chapter 213, RSMo (1986) shall post a commission equal employment poster in a place where other employee notices are posted or in a conspicuous place where employees will have access to it. (2) Every person subject to the jurisdiction of the commission under Chapter 213, RSMo (1986) shall post the commission's fair housing poster in all places of business and establishments subject to the statute. (3) Every person subject to the jurisdiction of the commission under Chapter 213, RSMo (1986) shall post the commission public accommodations poster in all places of business and establishments subject to this statute. (4) Any personnel or employment record made or kept by any employer including, but not necessarily limited to, application forms submitted by applicants and other records having to do with hiring, promotion, demotion, transfer, layoff or termination, rates of pay or other terms of compensation and selection for training or apprenticeship shall be preserved by the employer for a period of one (1) year from the date of the making of the record or the personnel action involved, whichever occurs later. (5) Where a complaint of discrimination has been filed and the respondent notified, the respondent employer shall preserve all personnel records relevant to the complainant until final disposition of the complaint. The term personnel records relevant to the complaint, for example, would include personnel or employment records relating to the complainant and to all other employees holding positions similar to that held or sought by the complainant and application forms or test papers

70 completed by an unsuccessful applicant or by all other candidates for the same position as that for which the complainant applied and was rejected. The date of final disposition of the complaint means the date which litigation is terminated, with regard to the complaint. (6) If a person fails to make, keep, or preserve records or make reports in accordance with this regulation, the commission may draw an adverse presumption from this failure with regard to the allegations in the complaint. The presumption is rebuttable. (7) Section (8), RSMo is interpreted to mean that any structure built after the effective date of these rules which is a place of public accommodation as covered by this statute must provide access for handicapped persons unless it can be shown this accommodation would cause undue hardship. (8) Employer. A person is an employer subject to the provisions of Chapter 213, RSMo if at the time of the alleged discrimination that person employs six (6) or more persons within the state, whether these persons are temporary, part-time or permanent employees. (9) A corporation or association must be one hundred percent (100%) owned and operated by a religious or sectarian group and being a member of that religion or sect must be a requirement for employment for that corporation or association to be exempt as an employer under section (5), RSMo (1986). Montana WAGES AND HOURS: Records to be Kept by Employer (1) Employees subject to minimum wage or minimum wage and overtime provisions; Items required. Every employer shall maintain and preserve payroll or other records containing the following information and data with respect to each and every employee to whom the wage and hour law apply: (a) Name in full, and on the same record, the employee's identifying symbol or number if such is used in place of name on any time, work, or payroll records. This shall be the same name as that used for Social Security record purposes, (b) Home address, including zip code, (c) Date of birth, (d) Sex and occupation in which employed (sex may be indicated by use of the prefixes Mr., Mrs., or Miss), (e) Time of day and day of week on which the employee's workweek begins. If the employee is part of a work force or employed in or by an establishment all of whose workers have a workweek beginning at the same time on the same day, a single notation of the time of the day and beginning day of the workweek for the whole workforce or establishment will suffice. If, however, any employee or group of employees has a workweek beginning and ending at a different time, a separate notation shall then be kept for that employee or group of employees. (f) Regular hourly rate of pay, and length of pay period, (g) Hours worked each workday and total hours worked each workweek (for purposes of this section, a "workday" shall be any consecutive 24 hours), (h) Total daily or weekly straight-time earnings or wages, (i) Total weekly overtime compensation, (j) Total additions to or deductions from wages paid each pay period. Every employer making additions to or deductions from wages shall also maintain, in individual employee accounts, a record of the dates, amounts, and nature of the items which make up the total additions and deductions, (k) Total wages paid each pay period, (l) Date of payment and the pay period covered by payment. Such records will be preserved by the employer for three years, (2) Bona fide executive, administrative, and professional employees as referred to in section (1), (i) items required (a) With respect to persons employed in a bona fide executive, administrative or professional capacity, employers shall maintain and preserve records containing all the information and data required by subsection (1) except subparagraphs (f) through (j) thereof, and, in addition thereto the basis on which wages are paid (this may be shown as "$435 mo."; "$215 wk."; or "on fee"). (3) Posting of notices. Every employer employing any employees who are not specifically exempt from both the minimum wage provisions and the overtime provisions of section and 405 MCA, shall post and keep posted such notices pertaining to the applicability of the Law as shall be prescribed by the Wage and Hour section, in conspicuous places in every establishment where such employees are employed so as to permit them to observe readily a copy on the way to or from their place of employment. (4) Records to be preserved 3 years. Each employer shall

71 preserve for at least 3 years: (a) Payroll records. From the last date of entry, all those payroll or other records containing the employee information and data required under any of the applicable sections of this part, and (b) Certificates, agreements, plans, notices, etc. From their last effective date, all written: (i) Collective bargaining agreements, any amendments or additions thereto, (ii) Plans, trusts, employment contracts, (iii) Individual contracts or collective bargaining agreements. Where such contracts or agreements are not in writing, a written memorandum summarizing the terms of each such contract or agreement. (c) Sales and purchase records. A record of (i) Total dollar volume of sales or business, and (d) Supplementary basic records: Each employer required to maintain records under this part shall preserve for a period of at least 3 years: (i) Basic employment and earning records. From the date of last entry, all basic time and earnings cards or sheets of the employer on which are entered the daily starting and stopping time of individual employees, or of separate work forces, or the individual employee's daily, weekly, or pay period amounts of work accomplished (for example, units produced) when those amounts determine in whole or in part the pay period earning or wages of those employees. (ii) Wage rate tables. From their last effective date, all tables or schedules of the employer which provide the piece rates or other rates used in computing straight-time earnings, wages, or salary, or overtime excess computation and (iii) work time schedules. From their last effective date, all schedules or tables of the employer which establish the hours and days of employment of individual employees or of separate work forces. (e) Records of additions to or deductions from wages paid: Each employer who makes additions to or deductions from wages paid shall preserve for at least 3 years from the date of last entry: (i) Those records of individual employee accounts referred to in subsection (1) (j). (ii) All employee purchase orders, or assignments made by employees, all copies of addition or deduction statements furnished employees, and (iii) All records used by the employer in determining the original cost, operating and maintenance cost and depreciation and interest charges, if such costs and charges are involved in the additions to or deductions from wages paid. (5) Place for keeping records and their availability for inspection. (a) Place of records. Each employer shall keep the records required by the regulations in this part safe and accessible at the place or places of employment, or at one or more established central recordkeeping offices where such records are customarily maintained. Where the records are maintained at a central recordkeeping office, other than in the place or places of employment such records shall be made available within 72 hours following notice from the Administrator or his duly authorized and designated representative. (b) Inspection of records. All records shall be open at any time to inspection and transcription by the Administrator or his duly authorized and designated representative. (6) Computations and reports. Each employer required to maintain records under this part shall make such extension, recomputation, or transcription of his records and shall submit to the Wage and Hour Division such reports concerning persons employed and the wages, hours, and other conditions and practices of employment set forth in his records as the Administrator or his duly authorized and designated representative may request in writing. (7) "Board, lodging, or other facilities" under section (7) MCA. (a) In addition to keeping other records required by the regulations in this part, an employer who makes deductions from the wages of his employees for "board, lodging, or other facilities" (as these terms are used in section MCA) furnished to them by the employer or by an affiliated person, or who furnished such "board, lodging, or other facilities" to his employees as an addition to wages, shall maintain and preserve records substantiating the cost of furnishing each class of facility. Separate records of the cost of each facility furnished to an employee must be kept. (b) Employers making deductions for meals or who furnish meals to their employees as an addition to wages shall maintain and preserve records that show the following for each meal served. (i) Menu price (if the employer is operating a restaurant type operation). (ii) Type of meal. (iii) Cost of meals to employee. (iv) Date meal was furnished. (v) Total cost to

72 employee for the meals each workweek. (vi) Signature of the employee indicating the meal was actually consumed by the employee. (8) Employees under more than one minimum hourly rate. (a) Additional items required. An employer of any employees subject to different minimum wage rates of pay who elects to pay less than an amount arrived at by applying the highest applicable minimum rate for all hours worked in any workweek, shall, in addition to any employee information and data required to be kept with respect to them by any applicable section of the regulations in this part maintain and preserve payroll or other records containing the following information and data with respect to each of those employees: (i) The minimum rate of pay required to be paid for each different type of employment in which each employee was engaged during the workweek. (ii) The basis on which wages are paid for each such different type of employment (such as "$2 each hour"; "$16 a day"; "$80 week"; "2 per piece"; "$80 wk. plus 5 percent commission on sales over $800 wk."; etc.), (iii) The piece rate, if any, for each operation on each type of goods upon which the employee has worked under each such different applicable minimum rate of pay and the number of pieces worked upon at such piece rates, (iv) The total hours or fractions thereof worked that workweek by each such employee in employment covered by each such different applicable minimum rate, and (v) The total wages due each such employee at straight time for the hours worked in each such different type of employment including any amounts earned in excess of the applicable minimum rate of pay. (b) Records of workers whose work cannot be segregated. The provisions of paragraph (a) of this subsection shall not be construed to affect in any way the records to be kept, or compensation to be paid employees whose activities cannot be segregated and who are therefore, not subject to different minimum rates of pay. (9) Learners, apprentices, students, or handicapped workers employed under special certificates as provided in section MCA. (a) Items required. With respect to persons employed as learners, apprentices, messengers, or full time students employed outside of their school hours in any retail or service establishment or handicapped workers at special minimum hourly rates under special certificates pursuant to section MCA, employers shall maintain and preserve records containing the same information and data required with respect to other employees employed in the same occupations, (b) Segregation or designation on payroll and use of identifying symbol. In addition, each employer shall segregate on his payroll or pay records the names and required information and data with respect to those learners, apprentices, messengers (and handicapped workers and students), employed under Special Certificates. A symbol or letter shall also be placed before each such name on the payroll or pay records indicating that, that person is a "learner" "apprentice", "messenger", "student", or "handicapped worker", employed under a Special Certificate Child Labor Standards Act; Enforcement right to enter and inspect premises and records subpoena power. The department shall enforce the provisions of this part and file a complaint against a person who violates the provisions of this part. The department may at any time enter and inspect any place or establishment governed by the provisions of this part and have access to employment records kept on file by the employer that may aid in the enforcement of this part. The department may subpoena documentary evidence relating to an investigation under this part HUMAN RIGHTS; ILLEGAL DISCRIMINATION; Records to be kept. The state, employers, labor organizations, and employment agencies shall maintain records on age, sex, and race that are required to administer the civil rights laws and regulations. These records are confidential and available only to federal and state personnel legally charged with administering civil rights laws and regulations. However, statistical information compiled from records on age, sex, and race shall be made available to the general public.

73 HUMAN RIGHTS BUREAU; RECORD KEEPING REQUIREMENTS FOR EMPLOYERS. (1) All employers, labor organizations, employment agencies, and government agencies shall maintain records pursuant to , MCA, and 42 USCA 2000e-8(c) and (d). (2) All personnel records made or kept by an employer, including but not necessarily limited to, application forms and other records related to hiring, promotion, demotion, transfer, layoff or termination, rates of pay or other terms of compensation and selection for training or apprenticeship, shall be preserved for two years from the date the record is made or from the date of the personnel action involved, whichever occurs later. (3) If a discrimination complaint is filed, the respondent shall preserve all personnel records relevant to the complaint until final disposition of the complaint. Personnel records relevant to a complaint include personnel records relating to the charging party and application forms or test papers completed by an unsuccessful applicant and all other candidates for the same position. (4) Labor organizations shall preserve membership or referral records, including applications for membership or referral, for two years from the date the records are made. If a discrimination complaint is filed, a labor organization shall preserve all records relevant to the complaint until final disposition of the complaint Nebraska HUMAN RIGHTS COMMISSION; EMPLOYMENT RECORDS(1) All employers, labor organizations, employment agencies, and government agencies shall keep adequate records to show: (a) The number of employees who are white (not of hispanic origin), black (not of hispanic origin), hispanic, Asian or Pacific Islander, American Indian or Alaskan Native in each job category;(b) The number of males and females in each racial group and job category; and(c) The age of each employee in each job category.(2) Records which fulfill the requirements of the U.S. equal employment opportunity commission recordkeeping requirements are sufficient to meet the requirements of this rule.(3) Information about racial or ethnic identity may be acquired by visual survey of the work force and, if at all possible, should not be by direct inquiry. Such information shall be kept separately from other personnel records and shall be maintained as total numbers without identification of individuals.(4) All personnel records made or kept by an employer, including, but not necessarily limited to, application forms and other records related to hiring, promotion, demotion, transfer, layoff or termination, rates of pay or other terms of compensation and selection for training or apprenticeship, shall be preserved for 2 years from the date the record is made or from the date of the personnel action involved, whichever occurs later.(5) If a discrimination complaint is filed, the respondent shall preserve all personnel records relevant to the complaint until final disposition of the complaint. Personnel records relevant to a complaint include personnel records relating to the complainant and to all other employees holding positions similar to that held or sought by the complainant and application forms or test papers completed by an unsuccessful applicant and all other candidates for the same position.(6) Labor organizations shall preserve membership or referral records, including applications for membership or referral for 2 years from the date the records are made. If a discrimination complaint is filed, a labor organization shall preserve all records relevant to the complaint until final disposition of the complaint. 79-8,109 Any teacher, administrator, or full-time employee of any public school district shall, upon his or her request, have access to his or her personnel file maintained by the district and shall have the right to attach a written response to any item in such file. Such teacher, administrator, or employee may in writing authorize any other person to have access to such file, which authorization shall be honored by the district. Such access and right to attach a written response shall not be granted with

74 respect to any letters of recommendation solicited by the employer which appear in the personnel file. No other person except school officials while engaged in their professional duties shall be granted access to such file, and the contents thereof shall not be divulged in any manner to any unauthorized person WAGES. (b) Sex Discrimination. Wages; Records; employer keep and maintain; contents Every employer subject to the provisions of sections shall make, keep, and maintain such records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by him, and shall preserve such records for such periods of time, and shall make such reports therefrom as the commission shall prescribe CHILD LABOR. Children under sixteen; employment certificate required; enforcement of section. No child under sixteen years of age shall be employed or permitted or suffered to work in any employment as defined in section within this state unless the person or corporation employing the child procures and keeps on file, accessible to the attendance officers and to the Department of Labor and its assistants and employees, an employment certificate as prescribed in section and keeps two complete lists of all such children employed in the building, one on file and one conspicuously posted near the principal entrance of the building in which such children are employed. Upon the termination of the employment of a child so registered whose certificate is so filed, such certificate shall be transmitted by the employer to the person authorizing the certificate pursuant to section and shall be turned over to the child named upon demand. Any attendance officer or the Department of Labor or its assistants and employees may demand that any employer in whose place of business a child apparently under the age of sixteen years is employed or permitted or suffered to work, and whose employment certificate is not then filed as required by this section, either furnish within ten days satisfactory evidence that such child is in fact over sixteen years of age or cease to employ or permit or suffer such child to work in such place of business. The same evidence of the age of such child may be required from such employer as is required on the issuance of an employment certificate as provided in section , and the employer furnishing such evidence shall not be required to furnish any further evidence of the age of the child. In case such employer fails to produce and deliver to the attendance officer or the Commissioner of Labor within ten days after demand such evidence of the age of any child as may be required under the provisions of section and continues to employ such child or permit or suffer such child to work in such place of business, proof of the giving of such notice and of such failure to produce and file such evidence shall be prima facie evidence in any prosecution brought for a violation of this section that such child is under sixteen years of age and is unlawfully employed. Employer's failure to procure certificate is not proximate cause of injury; and is material only to sustain minor's right of action. Benner v. Evans Laundry Co., 117 Neb. 701, 222 N.W. 630 (1929). Main purpose of requiring certificate is educational. Benner v. Evans Laundry Co., 117 Neb. 701, 222 N.W. 630 (1929); Rookstool v. Cudahy Packing Co., 100 Neb. 851, 161 N.W. 583 (1917). This section has no application where pleadings and trial of case were on theory of common-law liability of employer. Rookstool v. Cudahy Packing Co., 100 Neb. 851, 161 N.W. 583 (1917). If unlawful employment is cause of injury, master is liable. Hankins v. Reimers, 86 Neb. 307, 125 N.W. 516 (1910) FAIR EMPLOYMENT PRACTICE ACT. Commission; powers; duties; enumerated. The commission shall have the following powers and duties:(1) To receive, investigate, and pass upon charges of unlawful employment practices

75 anywhere in the state; (2) To hold hearings, subpoena witnesses, compel their attendance, administer oaths, and take the testimony of any person under oath and, in connection therewith, to require the production for examination of any books and papers relevant to any allegation of unlawful employment practice pending before the commission. The commission may make rules as to the issuance of subpoenas, subject to the approval by a constitutional majority of the elected members of the Legislature; (3) To cooperate with the federal government and with local agencies to effectuate the purposes of the Nebraska Fair Employment Practice Act, including the sharing of information possessed by the commission on a case that has also been filed with the federal government or local agencies if both the employer and complainant have been notified of the filing; (4) To attempt to eliminate unfair employment practices by means of conference, mediation, conciliation, arbitration, and persuasion; (5) To require that every employer, employment agency, and labor organization subject to the act shall (a) make and keep such records relevant to the determinations of whether unlawful employment practices have been or are being committed, (b) preserve such records for such periods, and (c) make such reports therefrom, as the commission shall prescribe by regulation or order, after public hearing, as reasonable, necessary, or appropriate for the enforcement of the act or the regulations or orders thereunder. The commission shall, by regulation, require each employer, labor organization, and joint labor-management committee subject to the act which controls an apprenticeship or other training program to maintain such records as are reasonably necessary to carry out the purposes of the act, including, but not limited to, a list of applicants who wish to participate in such program, including the chronological order in which such applications were received, and to furnish to the commission, upon request, a detailed description of the manner in which persons are selected to participate in the apprenticeship or other training program. Any employer, employment agency, labor organization, or joint labor-management committee which believes that the application to it of any regulation or order issued under this section would result in undue hardship may either apply to the commission for an exemption from the application of such regulation or order or bring a civil action in the district court for the district where such records are kept. If the commission or the court, as the case may be, finds that the application of the regulation or order to the employer, employment agency, or labor organization in question would impose an undue hardship, the commission or the court, as the case may be, may grant appropriate relief; (6) To report, not less than once every two years, to the Clerk of the Legislature and the Governor, on the hearings it has conducted and the decisions it has rendered, the other work performed by it to carry out the purposes of the act, and to make recommendations for such further legislation concerning abuses and discrimination because of race, color, religion, sex, disability, marital status, or national origin, as may be desirable. Each member of the Legislature shall receive a copy of the report required by this subdivision by making a request for it to the chairperson of the commission; (7) To adopt and promulgate rules and regulations necessary to carry out the duties prescribed in the act; and (8) To examine and review the policies and procedures of the commission, its investigators, and staff and deliver to the Legislature by January 1, 1994, a report detailing specific proposals designed to expedite the complaint, investigation, and hearing process of the commission. Such report shall include, but not be limited to, an examination of the: (a) Intake procedures and guidelines of the commission; (b) Mediation, conciliation, arbitration, and informal conferences designed to settle cases; (c) Investigation and supervisory procedures which duplicate similar current procedures or which are burdensome to a prompt investigation of a complaint; (d) Handling of reports and investigations of the commission to develop adequate clerical staff; (e) Feasibility of revising and developing standard final investigative formats for employment, housing, and harassment cases; and (f) Proper

76 Nevada role and function of the commission in the hearing process. The review and examination of such policies and procedures in subdivision (8) of this section shall include information from the executive director, commission members, investigators, supervisory personnel, clerical staff, and the public RECORDS REGARDING EMPLOYEES; Inspection by person who is subject of records; provision of copies upon request; cost of copies; person permitted to submit written explanation in response to information in records and to challenge accuracy; limitations. 1. Any person or governmental entity who employs and has under his direction and control any person for wages or under a contract of hire, or any labor organization referring a person to an employer for employment, shall, upon the request of that employee or person referred: (a) Give him a reasonable opportunity, during the usual hours of business, to inspect any records kept by that employer or labor organization containing information used: (1) By the employer or labor organization to determine the qualifications of that employee and any disciplinary action taken against him, including termination from that employment; or (2) By the labor organization with respect to that person's position on its list concerning past, present and future referrals for employment; and (b) Furnish him with a copy of those records. 1. The records to be made available do not include confidential reports from previous employers or investigative agencies, other confidential investigative files concerning the employee or person referred or information concerning the investigation, arrest or conviction of that person for a violation of any law. 2. An employer or labor organization shall allow an employee or person referred to submit a reasonable written explanation in direct response to any written entry in the records of employment regarding the employee or person. Any such written explanation must be reasonable in length, in a format prescribed by the employer and maintained by the employer or labor organization in the records of employment. 3. An employer or labor organization shall not maintain a secret record of employment regarding an employee or person referred. 4. Upon termination of employment, an employer shall allow an employee to inspect his records of employment within 60 days after his termination of employment and shall, if requested by that former employee within that period, furnish him with a copy of those records. 5. An employer or labor organization may only charge an employee or person referred an amount equal to the actual cost of providing access to and copies of his records of employment. 6. The employee or person referred shall, if he contends that any information contained in the records is inaccurate or incomplete, notify his employer or the labor organization in writing of his contention. If the employer or labor organization finds that the contention of that employee or person is correct, it shall change the information accordingly. 7. No copies may be furnished to an employee or former employee under this section unless he has been or was employed for more than 60 days COMPENSATION, WAGES AND HOURS; PAYMENT AND COLLECTION OF WAGES AND OTHER BENEFITS; Records of wages. 1. Every employer shall establish and maintain records of wages for the benefit of his or her employees, showing for each pay period the following information for each employee: (a) Gross wage or salary other than compensation in the form of: (1) Services; or (2) Food, housing or clothing. (b) Deductions. (c) Net cash wage or salary. (d) Total hours employed in the pay period by noting the number of hours per day. (e) Date of payment. 2. The information required by this section must be furnished to each employee within 10 days after the employee submits a request. 3. Records of wages must be maintained for a 2-year period following the entry of information in the record STATE PERSONNEL SYSTEM; ATTENDANCE AND LEAVES;

77 New Hampshire Family and medical leave: Records. Each appointing authority shall maintain accurate records of family and medical leave used by its employees, including any form approved for requesting family and medical leave. 275:56 I. Except as provided in paragraph III, every employer shall provide a reasonable opportunity for any employee who so requests to inspect such employee's personnel file and further, upon request, provide such employee with a copy of all or part of such file. An employer may only charge the employee a fee reasonably related to the cost of supplying the requested documents. II. If, upon inspection of his personnel file, an employee disagrees with any of the information contained in such file, and the employee and employer cannot agree upon removal or correction of such information, then the employee may submit a written statement explaining his version of the information together with evidence supporting such version. Such statement shall be maintained as part of the employee's personnel file and shall be included in any transmittal of the file to a third party and shall be included in any disclosure of the contested information made to a third party. III. The provisions of this section shall not require the disclosure of: (a) Information in the personnel file of a requesting employee who is the subject of an investigation at the time of his request if disclosure of such information would prejudice law enforcement; or (b) Information relating to a government security investigation. 279:27 MINIMUM WAGE; Records of Hours and Wages. Every employer of employees shall keep a true and accurate record of the hours worked by each, wages paid to each, and classification of employment when necessary, and shall furnish to the commissioner or the commissioner's authorized representative upon demand a sworn statement of the same. Such records shall be open to inspection by the commissioner or the authorized representative at any reasonable time. Every employer subject to a statutory minimum wage shall keep a copy of such statutory minimum wage posted in a conspicuous place in every establishment in which employees are employed. Employers shall be furnished copies of posters on request without charge. 276-A:5 YOUTH EMPLOYMENT LAW; Certificate. I. Certificates shall be issued by principals of schools or persons authorized by them only after the determination of a satisfactory level of academic performance by the student, except that responsibility for supervision and coordination with the department in matters pertaining to this chapter shall rest upon superintendents of schools. If a student does not continue to meet a satisfactory level of academic performance after the issuance of the certificate, the principals of schools or persons authorized by them may revoke the certificate. In the event principals of schools or their designees revoke a certificate, notification of the revocation shall be made to the parent or legal guardian, the employer of the student, and the department of labor within 48 hours. Upon receiving the notice of revocation, the department of labor shall investigate the compliance of the revocation within 90 days. II. Certificates shall in all cases include a signature line for the parent or legal guardian of the youth and shall show proof of (1) age and (2) adequate health. III. Certificates shall not be issued unless age and adequacy of health have first been verified except as in paragraph I of this section. IV. Certificates shall not be issued except during vacations or as a result of written parental protest, if employment is deemed to interfere seriously with school work. V. Certificates shall be obtained by an employer within 3 business days of the first day of employment. Copies of certificates shall be kept on file by all employers of youths. VI. Any employer not in compliance with the requirements of RSA 276-A:4 or this section shall be assessed a minimum civil penalty of $100.

78 New Jersey 354-A:20 HUMAN RIGHTS; Required Records. It shall not be an unlawful discriminatory practice to record any data required by law, or by the rules and regulations of any state or federal agency, provided such records are kept in good faith for the purpose of complying with law, and are not used for the purpose of discrimination in violation of this chapter. 34:11-56a20. Minimum Wage; Records of wages and hours 21. Every employer of employees subject to this act shall keep a true and accurate record of the hours worked by each and the wages paid by him to each and shall furnish to the commissioner or the director or their authorized representative upon demand a sworn statement of the same. Such records shall be open to inspection by the commissioner or the director or their authorized representative at any reasonable time. No employer shall be found guilty of violating this provision for failure to keep a true and accurate record of the hours worked by outside salesmen, buyers of poultry, eggs, cream, milk or other perishable commodities in their natural or raw state, homeworkers legally employed in accordance with the laws of this State or any person employed in a bona fide executive, administrative or professional capacity except that no exemption from record keeping pursuant to this section in regard to any person employed in a bona fide executive, administrative or professional capacity shall be construed to permit an employer to pay wages at a rate which violates the provisions of section 5 of P.L. 1966, c. 113 (C. 34:11-56a4). 34: WAGES; DISCRIMINATION IN WAGES; Inspection of records; obtaining of information. The commissioner, or his authorized representative, shall have the power to enter the place of employment of any employer to inspect and copy payrolls and other employment records, to compare character of work and skills on which persons employed by the employer are engaged, to question such persons under subpoena, if necessary, and to obtain such other information as is reasonably necessary to the administration and enforcement of this act. 34:11-68 WAGE COLLECTION; Records required relative to collection, transportation of solid waste. 1. a. Every contract with a public body under which a contractor or subcontractor engages in the work of the collection or transportation of solid waste, including any recyclable materials other than recycled or reclaimed asphalt or concrete, for the public body shall contain a provision requiring the contractor and subcontractor to keep an accurate record showing the name, the actual hourly rate of wages paid to, and the actual daily, overtime and weekly hours worked by, each individual engaged in the collection and transportation work done under the contract, and any other records deemed necessary by the commissioner for the enforcement of wage payments, and the records shall be preserved for two years from the date of payment. The record shall be open at all reasonable hours to the inspection of the public body awarding the contract, any other party to the contract, and the commissioner, and the contractor or subcontractor shall submit a certified payroll record showing only the name, the actual hourly rate of wages paid to, and the actual daily, overtime and weekly hours worked by each individual engaged in the collection and transportation work done under the contract, in a form satisfactory to the commissioner, to the public body for each payroll period not more than 10 days after the payment of wages. The public body shall make the certified payroll record open at all reasonable hours to the inspection of any party to the contract, the commissioner, and any member of the public. b. With respect to any contract with a public body for the collection or transportation of solid waste, including any recyclable materials other than recycled or reclaimed asphalt or concrete, the commissioner shall have the authority to investigate and ascertain the wages of workers employed in connection with the contract, enter and inspect the place of business or employment of the

79 workers to question the workers and examine, inspect and copy any books, registers, payrolls, and other records regarding the wages, hours, and other conditions of employment of the workers, require from the contractor or subcontractor written statements, including sworn statements, regarding wages, hours, names, addresses, and other information about the workers the commissioner deems appropriate, and require the contractor or subcontractor to file, within 10 days of receipt of a request, any records enumerated in this section, sworn to as to their validity and accuracy. If the contractor or subcontractor fails to provide the requested records within 10 days, the commissioner may direct within 15 days the fiscal or financial officer charged with the custody and disbursements of the funds of the public body which contracted for the work to withhold immediately from payment to the contractor or subcontractor up to 25% of the amount, not to exceed $100,000, to be paid to the contractor or subcontractor under the terms of the contract. The amount withheld shall be immediately released upon receipt by the public body of a notice from the commissioner indicating that the request for records has been satisfied. c. Any contractor or subcontractor who willfully hinders or delays the commissioner in the performance of his duties in the enforcement of this section, or fails to make, keep or preserve any records required under the provisions of this act, or falsifies any of the records, or refuses to furnish or make available any of the records to the commissioner upon demand, otherwise violates any provision of this act or any regulation or order issued under this act, shall be guilty of a disorderly persons offense and shall, upon conviction, be subject to a fine of not less than $100 nor more than $1,000, imprisonment for not less than 10 nor more than 90 days, or by both the fine and imprisonment. As an alternative to or in addition to any other sanctions, if the commissioner finds that the contractor or subcontractor has violated this act, the commissioner is authorized to assess and collect administrative penalties, up to a maximum of $2,500 for a first violation and up to a maximum of $5,000 for each subsequent violation, specified in a schedule of penalties to be promulgated as a rule or regulation by the commissioner in accordance with the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.). When determining the amount of the penalty imposed because of a violation, the commissioner shall consider factors including the history of previous violations, the seriousness of the violation, the good faith of the contractor or subcontractor and the size of the business. No administrative penalty shall be levied pursuant to this section unless the commissioner provides the alleged violator with notification of the violation and of the amount of the penalty by certified mail and an opportunity to request a hearing within 15 days following the receipt of the notice. If a hearing is requested, the commissioner shall issue a final order upon such hearing and a finding that a violation has occurred. If no hearing is requested, the notice shall become a final order upon expiration of the 15-day period. Payment of the penalty is due when a final order is issued or when the notice becomes a final order. Any penalty imposed pursuant to this section may be recovered with costs in a summary proceeding commenced by the commissioner pursuant to the "Penalty Enforcement Law of 1999," P.L. 1999, c. 274 (C. 2A:58-10 et seq.). Any sum collected as a fine or penalty pursuant to this section shall be applied toward enforcement and administrative costs of the Division of Wage and Hour Compliance in the Department of Labor and Workforce Development. d. For the purposes of this section: "Commissioner" means the Commissioner of Labor and Workforce Development or his duly authorized representatives. "Public body" means the State of New Jersey, any of its political subdivisions, any authority created by the Legislature of the State of New Jersey and any instrumentality or agency of the State of New Jersey or of any of its political subdivisions. "Contractor" or "subcontractor" means a contractor or subcontractor who employs less than 1,000 employees in the State of New Jersey. 34:1A-1.14 LABOR AND WORKMEN'S COMPENSATION; DEPARTMENT

80 OF LABOR AND INDUSTRY ACT OF 1948; Notification of employer responsibility relative to record maintenance.: a. Each employer which is required to maintain and report records regarding wages, benefits, taxes and other contributions and assessments pursuant to State wage, benefit and tax laws, as defined in section 1 of this act, shall conspicuously post notification, in a place or places accessible to all employees in each of the employer's workplaces, in a form issued by regulation adopted by the commissioner, of the obligation of the employer to maintain and report those records. The employer shall also provide each employee a written copy of the notification not later than 30 days after the form of the notification is issued, or, if the employee is hired after the issuance, at the time of the employee's hiring. In adopting the regulation regarding the notification requirement, the commissioner shall, to the greatest extent practicable, design the notification in a manner which coordinates or consolidates the notification with any other notifications required pursuant to State wage, benefit and tax laws, as defined in section 1 of this act. The notification shall also provide information on how an employee or the employee's authorized representative, may contact, by telephone, mail and , a representative of the commissioner to provide information to, or file a complaint with, the representative regarding possible violations of the requirements of this act or any State wage, benefit and tax law, as defined in section 1 of this act, or may obtain information about any actual violation, including any audit undertaken pursuant to this act. b. No employer shall discharge or in any other manner discriminate against an employee because the employee has made an inquiry or complaint to his employer, to the commissioner or to his authorized representative regarding any possible violation by the employer of the provisions of this act or any State wage, benefit and tax laws, as defined in section 1 of this act, or because the employee has caused to be instituted or is about to cause to be instituted any proceeding under or related to this act or those laws, or because the employee has testified or is about to testify in the proceeding. c. Any employer who violates any provision of this section shall be guilty of a disorderly persons offense and shall, upon conviction, be fined not less than $100 nor more than $1,000. In the case of a discharge or other discriminatory action in violation of this section, the employer shall also be required to offer reinstatement in employment to the discharged employee and to correct any discriminatory action, and to pay to the employee all reasonable legal costs of the action, all wages and benefits lost as a result of the discharge or discriminatory action, plus punitive damages equal to two times the lost wages and benefits, under penalty of contempt proceedings for failure to comply with the requirement. 34: CHILD LABOR; Record of employment of minors under 19. Every employer shall keep a record, in a form approved by the Department of Labor, which shall state the name, date of birth and address of each person under 19 years of age employed, the number of hours worked by said person on each day of the week, the hours of beginning and ending such work, the hours of beginning and ending meal periods, the amount of wages paid, and such other information as the department shall by regulation require. Such record shall be kept on file for at least 1 year after the entry of the record and shall be open to the inspection of the Department of Labor, of attendance officers and of police officers. Nothing in this section shall apply to the employment of minors in agricultural pursuits, or in domestic service in private homes, or as newspaper boys as provided in this act. 34: CHILD LABOR; Age certificates to persons between 18 and 21; contents; retention by employer during employment. Upon request, it shall be the duty of the issuing officer to issue to any young person between the ages of eighteen and twenty-one years residing in his district and applying in person, who expresses a desire to enter employment, an age certificate upon presentation of the same proof of

81 age as is required for the issuance of employment certificates under this act. A young person between the said ages nonresident of the State may apply to the issuing authority of any district where such person states he intends to seek employment. The age certificate shall state the color, name, sex, date and place of birth, residence, color of hair and eyes, height, and distinguishing facial marks, if any, and the kind of proof of age submitted. All copies thereof shall be signed in person by the applicant in the presence of the said issuing officer in whose name it is issued. Any employer before employing a minor may require him to produce an age certificate and sign his name for comparison with the signature on the certificate. If in his judgment the signature and characteristics of the child correspond with the signature and description in the certificate, the employer, on employing the child, may require and retain the certificate during the minor's employment and shall return it to the minor upon the termination of his employment. New Mexico 13: REGULATIONS PERTAINING TO DISCRIMINATION ON THE BASIS OF DISABILITY; EMPLOYMENT; Pre-employment inquiries. (a) It shall be an unlawful practice for an employer, employment agency or labor organization to elicit or attempt to elicit, either verbally or through the use of an application form or request for documentation, any information which would tend to divulge the existence of a disability or health condition, unless required or necessitated by Federal law or regulation. An employer, employment agency or labor organization may inquire whether an applicant is precluded from satisfactorily performing the essential functions of the job in question. (b) It is not unlawful for an employer to invite applicants for employment to identify themselves as a person with a disability: 1. To satisfy the affirmative action requirements of Federal law; 2. To implement a court ordered or other bona fide affirmative action plan to promote the employment of people with disabilities; or 3. To implement a special program which is designed to benefit people with disabilities when a condition for a person's participation in the program is that he or she is a person with a disability. (c) Employers who request such information must observe requirements under Section 503 of the Americans with Disabilities Act, 42 U.S.C et seq., regarding the manner in which the information is requested and used, and the procedure for maintaining such information as a separate, confidential record, apart from regular personnel records. (d) The act does not prohibit any officially recognized agency from keeping necessary records in order to provide services to individuals requiring rehabilitation or employment assistance. (e) It is not unlawful for an employer to condition an offer of employment on the results of a medical examination held subsequent to such offer and prior to the employee's entrance on duty, provided that: 1. All entering employees are subjected to such examination; and 2. The results of such an examination are used in accordance with these regulations and are not used to disqualify an applicant except to the extent that any disability discovered would, even with reasonable accommodation, preclude the safe or adequate performance of the essential functions of the job in question, as defined in N.J.A.C. 13: An examination should consider the degree to which the person has compensated for his limitations and the rehabilitation services he has received or is receiving Labor Conditions; Payment of Wages; Records, subpoenas, etc.; A. Every employer shall keep a true and accurate record of hours worked and wages paid to each employee. The employer shall keep such records on file for at least one year after the entry of the record. B. The labor commissioner [director of the labor and industrial division] and his authorized representatives shall have the right at all reasonable times to inspect such records for the purpose of ascertaining whether the provisions of this act [ to NMSA 1978] are complied with. C. Any interference with the labor commissioner [director] or his authorized representatives in the performance of their duties shall be deemed a violation of this act and punished as such. D. The labor commissioner [director] and his authorized representatives shall have the power to

82 New York administer oaths and examine witnesses under oath, issue subpoenas, compel the attendance of witnesses, and the production of payroll records and take depositions and affidavits in any proceedings before said labor commissioner [director]. E. In case of failure of any person to comply with any subpoena lawfully issued, or upon the refusal of any witness or witnesses to testify upon any matter which he or they may be lawfully interrogated, the labor commissioner [director] may apply to the district court in the proper county, or to the judge thereof, for a writ of attachment to compel said witness to respond to said subpoena or to testify as the case may be. 195 Lab. PAYMENT OF WAGES; Notice and record-keeping requirements. Every employer shall: 1. (a) provide his or her employees, in writing in English and in the language identified by each employee as the primary language of such employee, at the time of hiring, and on or before February first of each subsequent year of the employee's employment with the employer, a notice containing the following information: the rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other; allowances, if any, claimed as part of the minimum wage, including tip, meal, or lodging allowances; the regular pay day designated by the employer in accordance with section one hundred ninety-one of this article; the name of the employer; any "doing business as" names used by the employer; the physical address of the employer's main office or principal place of business, and a mailing address if different; the telephone number of the employer; plus such other information as the commissioner deems material and necessary. Each time the employer provides such notice to an employee, the employer shall obtain from the employee a signed and dated written acknowledgement, in English and in the primary language of the employee, of receipt of this notice, which the employer shall preserve and maintain for six years. Such acknowledgement shall include an affirmation by the employee that the employee accurately identified his or her primary language to the employer, and that the notice provided by the employer to such employee pursuant to this subdivision was in the language so identified or otherwise complied with paragraph (c) of this subdivision, and shall conform to any additional requirements established by the commissioner with regard to content and form. For all employees who are not exempt from overtime compensation as established in the commissioner's minimum wage orders or otherwise provided by New York state law or regulation, the notice must state the regular hourly rate and overtime rate of pay; (b) The commissioner shall prepare templates that comply with the requirements of paragraph (a) of this subdivision. Each such template shall be dual-language, including English and one additional language. The commissioner shall determine, in his or her discretion, which languages to provide in addition to English, based on the size of the New York state population that speaks each language and any other factor that the commissioner shall deem relevant. All such templates shall be made available to employers in such manner as determined by the commissioner; (c) When an employee identifies as his or her primary language a language for which a template is not available from the commissioner, the employer shall comply with this subdivision by providing that employee an English-language notice or acknowledgment; (d) An employer shall not be penalized for errors or omissions in the non-english portions of any notice provided by the commissioner; (e) The commissioner shall have discretion to waive or alter requirements of paragraph (a) of this subdivision for temporary help firms as defined in section nine hundred sixteen of this chapter. 2. notify his or her employees in writing of any changes to the information set forth in subdivision one of this section, at least seven calendar days prior to the time of such changes, unless such changes are reflected on the wage statement furnished in accordance with subdivision three of this section; 3. furnish each employee with a statement with every payment of wages, listing the following: the dates of work covered by that payment of wages; name of employee; name of employer; address and phone number of employer; rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other; gross wages; deductions; allowances, if any, claimed as part of

83 the minimum wage; and net wages. For all employees who are not exempt from overtime compensation as established in the commissioner's minimum wage orders or otherwise provided by New York state law or regulation, the statement shall include the regular hourly rate or rates of pay; the overtime rate or rates of pay; the number of regular hours worked, and the number of overtime hours worked. For all employees paid a piece rate, the statement shall include the applicable piece rate or rates of pay and number of pieces completed at each piece rate. Upon the request of an employee, an employer shall furnish an explanation in writing of how such wages were computed; 3-a. in addition, every railroad corporation shall furnish each employee with a statement with every payment of wages listing accrued total earnings and taxes to date and further furnish said employee at the same time with a separate listing of his daily wages and how they were computed; 4. establish, maintain and preserve for not less than six years contemporaneous, true, and accurate payroll records showing for each week worked the hours worked; the rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other; gross wages; deductions; allowances, if any, claimed as part of the minimum wage; and net wages for each employee. For all employees who are not exempt from overtime compensation as established in the commissioner's minimum wage orders or otherwise provided by New York state law or regulation, the payroll records shall include the regular hourly rate or rates of pay, the overtime rate or rates of pay, the number of regular hours worked, and the number of overtime hours worked. For all employees paid a piece rate, the payroll records shall include the applicable piece rate or rates of pay and number of pieces completed at each piece rate; 5. notify his employees in writing or by publicly posting the employer's policy on sick leave, vacation, personal leave, holidays and hours. 6. notify any employee terminated from employment, in writing, of the exact date of such termination as well as the exact date of cancellation of employee benefits connected with such termination. In no case shall notice of such termination be provided more than five working days after the date of such termination. Failure to notify an employee of cancellation of accident or health insurance subjects an employer to an additional penalty pursuant to section two hundred seventeen of this chapter. 661 Lab. MINIMUM WAGE; Records of employers. For all employees covered by this article, every employer shall establish, maintain, and preserve for not less than six years contemporaneous, true, and accurate payroll records showing for each week worked the hours worked, the rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other basis; gross wages; deductions; allowances, if any, claimed as part of the minimum wage; and net wages for each employee, plus such other information as the commissioner deems material and necessary. For all employees who are not exempt from overtime compensation as established in the commissioner's minimum wage orders or otherwise provided by New York state law or regulation, the payroll records must include the regular hourly rate or rates of pay, the overtime rate or rates of pay, the number of regular hours worked, and the number of overtime hours worked. For all employees paid a piece rate, the payroll records shall include the applicable piece rate or rates of pay and number of pieces completed at each piece rate. On demand, the employer shall furnish to the commissioner or his duly authorized representative a sworn statement of the hours worked, rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other basis; gross wages; deductions; and allowances, if any, claimed as part of the minimum wage, for each employee, plus such other information as the commissioner deems material and necessary. Every employer shall keep such records open to inspection by the commissioner or his duly authorized representative at any reasonable time. Every employer of an employee shall keep a digest and summary of this article or applicable wage order, which shall be prepared by the commissioner, posted in a conspicuous place in his establishment and

84 shall also keep posted such additional copies of said digest and summary as the commissioner prescribes. Employers shall, on request, be furnished with copies of this article and of orders, and of digests and summaries thereof, without charge. Employers shall permit the commissioner or his duly authorized representative to question without interference any employee of such employer in a private location at the place of employment and during working hours in respect to the wages paid to and the hours worked by such employee or other employees. 135 Lab. EMPLOYMENT OF MINORS; Duties of employers. 1. The employer of any minor required to have an employment certificate: a. Shall, before employment begins, file at the place of the minor's employment such certificate so that it may be readily accessible to any person authorized by law to examine such document; b. Shall, upon the termination of the minor's employment, return the employment certificate to the minor; c. (i) Shall, if the employer is engaged in a business of assigning employees for temporary services at another establishment, and the employer compensates the employee for such services rendered, keep on file in his or her office the employment certificate and shall cause to be delivered to each establishment where the child will perform his or her services a true copy of such employment certificate. Such delivery shall be deemed compliance with this section and sections one hundred thirty-one and one hundred thirty-two of this article. The owner of each establishment to which the child is assigned shall keep on file in his or her office such copy of the employment certificate, which shall be deemed compliance with this section, and shall return such copy to the employer at the conclusion of the child's assignment. Such employer shall note on the original employment certificate the existence of each copy. (ii) As used in this subdivision, the term "establishment" includes a factory, mercantile establishment, business office, restaurant, hotel, and any other trade, business or service. 2. The employer of any person claiming to be between eighteen and twenty-five years of age who does not present an employment certificate duly issued for him or her must require from such person, and furnish upon demand to the commissioner or his or her authorized representative, proof of the age of such person in the form of a driver's license or other documentation issued by the government of the United States or of any state located therein, or a certificate of age issued to such person by an employment certificating official. Such proof of age or a legible photocopy thereof, or an employment certificate, previously issued for such person and on file in the place of his or her employment, shall be conclusive evidence that the person has reached the age certified to therein Educ. COMPULSORY EDUCATION; Duties of employers. The employer of any minor required to have an employment certificate: 1. Shall satisfy himself that the minor presenting an employment certificate is in fact the minor named therein. 2. Shall before employment begins, file at the place of the minor's employment such certificate so that it may be readily accessible to any authorized person to examine such document. 3. Shall, upon termination of the minor's employment, return the employment certificate to the minor Educ. COMPULSORY EDUCATION; Temporary services. a. If an employer is engaged in a business of assigning employees for temporary services at another establishment, and the employer compensates the employee for such services rendered the employer shall keep on file in his office the employment certificate and shall cause to be delivered to each establishment where the child will perform his services a true copy of such employment certificate. Such delivery shall be deemed compliance with sections thirty-two hundred sixteen and thirty-two hundred twentythree of this chapter. The owner of each establishment to which the child is assigned shall keep on file in his office such copy of the employment certificate, which shall be deemed compliance with sections thirty-two hundred sixteen and thirty-two hundred

85 twenty-three of this chapter, and shall return such copy to the employer at the conclusion of the child's assignment. Such employer shall note on the original employment certificate the existence of each copy. b. As used in this section, the term "establishment" includes a factory, mercantile establishment, business office, restaurant, hotel and any other trade, business or service. c. The commissioner of education may promulgate rules and regulations as he deems necessary to insure that employment under the provisions of this section shall not be harmful or undesirable from the point of view of the welfare, development, or proper education of the child. 26 Lab. THE DEPARTMENT OF LABOR; Examination of books and papers. All papers, books, records or other documents required to be kept by the provisions of this chapter or of the industrial code shall at all times be open for the inspection of the commissioner and the officers and employees of the department, and the persons in charge thereof shall afford every reasonable facility for their examination and permit copies to be made when required by the commissioner. 144 Lab. EMPLOYMENT OF MINORS; Posting of hours. 1. The employer shall make a schedule for all minors employed by the employer, setting forth the hours of beginning and stopping and the time allowed for meals, which shall be kept conspicuously posted in each establishment where such persons are employed. A change in the schedule of hours worked by minors pursuant to the provisions of this chapter shall be allowed provided that the posted schedule reflects the change. Nothing herein shall be construed so as to affect the limitations on hours worked by such minors as set forth elsewhere in this chapter. 2. The presence of any person subject to this article at any hours other than those stated in the above notice, or the failure to post such notice, shall constitute prima facie evidence of a violation of this article. 3. Where a person is employed in two or more establishments on the same day or week, the total time of employment shall not exceed that allowed per day or week in a single establishment. 4. Exception. If the commissioner finds that because of the nature of the work in a factory it is practically impossible to fix the hours of work weekly in advance, he may upon an application stating facts showing the necessity therefore, grant a permit dispensing with the poster required by this section. In every factory operating under such a permit, a time book shall be kept in a form approved by the commissioner showing the name and addresses of all employees subject to this subdivision and the hours worked by each of them on each day. No person shall knowingly make or suffer to be made a false entry in any such time book. Such time book shall be kept for a period of six years and shall be available upon request of the commissioner at the place of employment. The permit shall be posted conspicuously in the factory, and the commissioner may revoke the permit for failure to comply with the provisions of this subdivision MANPOWER SERVICES DIVISION; APPRENTICESHIP TRAINING; EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP TRAINING; Records. a) Obligations of sponsors. Each sponsor shall keep adequate records, including a summary of the qualifications of each applicant, the basis for evaluation and for selection or rejection of each applicant, the records pertaining to interviews of applicants, the original application for each applicant, information relative to the operation of the apprenticeship program, including but not limited to job assignment, promotion, demotion, layoff or termination, rates of pay, or other forms of compensation or conditions of work, hours, including hours of work and, separately, hours of training provided, and any other records pertinent to a determination of compliance with this Part, as may be required by the commissioner. The records pertaining to individual applicants, selected or rejected, shall be maintained in such manner as to permit identification of minority and female (minority and nonminority) participants. (b) Affirmative action plans. Each sponsor must retain a statement of its

86 North Carolina affirmative action plan required by section of this Part, for the prompt achievement of full and equal opportunity in apprenticeship, including all data and analyses made pursuant to the requirements of section of this Part. Sponsors shall review their affirmative action plans annually and update them where necessary, including the goals and timetables. (c) Qualification standards. Each sponsor must maintain evidence that its qualification standards have been validated in accordance with the requirements set forth in section of this Part. (d) Maintenance of records. The records required by this Part and any other information relevant to compliance with this Part shall be maintained for five years and made available upon request to the commissioner or his authorized representative. (e) Records of the agency. The agency will keep adequate records, including registration requirements, approved individual program standards, registration actions, deregistration actions, program compliance reviews and investigations, individual program ethnic count, total apprenticeship ethnic count and any other records pertinent to a determination of compliance with this plan as may be required by the department, and shall report such to the department, through the Office of the State Supervisor of the Bureau of Apprenticeship and Training, United States Department of Labor, semiannually (1) A state employee, applicant for employment, former employee, or his properly authorized agent, may examine his own personnel file in its entirety except for (i) letters of reference solicited prior to employment, or (ii) information concerning a medical disability, mental or physical, that a prudent physician would not divulge to a patient. An employee's medical record may be disclosed to a licensed physician designated in writing by the employee A state employee, former employee or applicant for employment who objects to material in his file may place in his file a statement relating to the material he considers to be inaccurate or misleading. An employee, former employee or applicant for employment who objects to material in his file because he considers it inaccurate or misleading may seek the removal of such material from his file in accordance with the grievance procedure of that department, including appeal to the State Personnel Commission. When a department, division, bureau, commission, or other agency agrees or is ordered by the State Personnel Commission or by the General Court of Justice of this State to remove inaccurate or misleading material from an employee's file, which information was placed in the file by the supervisor or other agent of management, it shall destroy the original and all copies of the material removed and may not retain any inaccurate or misleading information derived from the material removed. 153A-98. (1) A County employee or his duly authorized agent may examine all portions of his personnel file except (i) letters of reference solicited prior to employment, and (ii) information concerning a medical disability, mental or physical, that a prudent physician would not divulge to his patient. The board of commissioners of a county that maintains personnel files shall establish procedures whereby an employee who objects to material in his file on grounds that it is inaccurate or misleading may seek to have the material removed from the file or may place in the file a statement relating to the material. 160A-168 (1) A city employee or his duly authorized agent may examine all portions of his personnel file except (i) letters of reference solicited prior to employment, and (ii) information concerning a medical disability, mental or physical, that a prudent physician would not divulge to his patient. (c1)even if considered part of an employee's personnel file, the following information need not be disclosed to an employee nor to any other person: (1) Testing or examination material used solely to determine individual qualifications for appointment, employment, or promotion in the

87 city's service, when disclosure would compromise the objectivity or the fairness of the testing or examination process. (2) Investigative reports or memoranda and other information concerning the investigation of possible criminal actions of an employee, until the investigation is completed and no criminal action taken, or until the criminal action is concluded. (3) Information that might identify an undercover law enforcement officer or a law enforcement informer. (4) Notes, preliminary drafts and internal communications concerning an employee. In the event such materials are used for any official personnel decision, then the employee or his duly authorized agent shall have a right to inspect such materials. The city council of a city that maintains personnel files shall establish procedures whereby an employee who objects to material in his file on grounds that it is inaccurate or misleading may seek to have the material removed from the file or may place in the file a statement relating to the material. 162A-6.1 (1) A Water and Sewer authority employee or his duly authorized agent may examine all portions of his personnel file except (i) letters of reference solicited prior to employment, and (ii) information concerning a medical disability, mental or physical, that a prudent physician would not divulge to his patient. Even if considered part of an employee's personnel file, the following information need not be disclosed to an employee (1) Testing or examination material used solely to determine individual qualifications for appointment, employment, or promotion in the city's service, when disclosure would compromise the objectivity or the fairness of the testing or examination process. (2) Investigative reports or memoranda and other information concerning the investigation of possible criminal actions of an employee, until the investigation is completed and no criminal action taken, or until the criminal action is concluded. (3) Information that might identify an undercover law enforcement officer or a law enforcement informer. (4) Notes, preliminary drafts and internal communications concerning an employee. In the event such materials are used for any official personnel decision, then the employee or his duly authorized agent shall have a right to inspect such materials. An authority that maintains personnel files shall establish procedures whereby an employee, who objects to material in his file on grounds that it is inaccurate or misleading, may seek to have the material removed from the file or may place in the file a statement relating to the material. 115C-321. (1) A school district employee, applicant for employment, former employee, or his times in its entirety except for letters of reference solicited prior to employment. 115D D-30 (1) A community college employee, applicant for employment, former employee, or his properly authorized agent, may examine his own personnel file at all reasonable times in its entirety except for letters of reference solicited prior to employment. An employee, former employee or applicant for employment who objects to material in his file may place in his file a statement relating to the materials he considers to be inaccurate or misleading. An employee, former employee or applicant for employment who objects to material in his file because he considers it inaccurate or misleading, and the material has not been placed there in connection with agrievance procedure established by the board of trustees, may seek the removal of such material from the file through grievance procedures to be established by each board of trustees. 131E (1) A public hospital employee or the employee's duly authorized agent may examine all portions of the employee's personnel file, except letters of reference solicited prior to employment. Even if considered part of an employee's personnel file, the following information need not be disclosed to an employee nor to any other

88 person: (1) Testing or examination material used solely to determine individual qualifications for appointment, employment, or promotion in the public compromise the objectivity or the fairness of the testing or examination process. (2) Investigative reports or memoranda and other information concerning the investigation of possible criminal actions of an employee, until the investigation is completed and no criminal action taken, or until the criminal action is concluded. (3) Information that might identify an undercover law enforcement officer or a law enforcement informer. (4) Notes, preliminary drafts, and internal communications concerning an employee. In the event such materials are used for any official personnel decision, then the employee or his duly authorized agent shall have a right to inspect such materials. The governing board of a public hospital that maintains personnel files shall establish procedures whereby an employee who objects to material in his or her file on grounds that it is inaccurate or misleading may seek to have the material removed from the file or may place in the file a statement relating to the material WAGE AND HOUR ACT.; Investigations and inspection of records; notice of law. (a) The Commissioner or his designated representative shall have the power and authority to enter any place of employment and gather such facts as are essential to determine whether or not the employer is covered by any provision of this Article. With respect to any provision of this Article under which the employer is covered, the Commissioner or the Commissioner's designated representative may inspect such places and such records, make transcriptions of any and all such records, question employees and investigate such facts, conditions, practices, or matters as are necessary to determine whether the employer has violated said provision of this Article. With respect to the provisions of G.S through (Wage Payment) as those provisions apply to persons covered by the Fair Labor Standards Act, the Commissioner or his designated representative shall have no authority under this subsection unless the Commissioner or his designated representative has received a complaint from an employee of the covered establishment. (b) Except as otherwise provided in this Article, every employer subject to any provision of this Article shall make, keep, and preserve such records of the persons employed by the employer, including the ages of employees, and of the wages, hours, and other conditions and practices of employment which are essential to the enforcement of this Article and are prescribed by regulation of the Commissioner, except that the Commissioner shall have no authority to prescribe records for the State of North Carolina, a city, town, county or other municipality or agency or instrumentality of government. (c) A poster summarizing the major provisions of this Article shall be displayed in every establishment subject to this Article. Sec Employment Practices: Family Medical Leave; Recordkeeping; Requirements of agencies. (a) Agencies shall keep records for no less than three years and make them available to the Department of Labor upon request. In addition to the records required by the Fair Labor Standards Act, the agency must keep records of: (1) dates family and medical leave is taken, (2) hours of leave if less than a full day, (3) copies of employee notices, (4) documents describing employee benefits, (5) premium payments of employee benefits, and (6) records of any disputes. (b) Records and documents relating to medical certifications, recertifications or medical histories of employees or employees' family members, created for purposes of family and medical leave, shall be maintained as confidential medical records in separate file/records from the usual personnel files, and if the Americans With Disabilities Act (ADA) is also applicable, such records shall be maintained in conformance with ADA confidentiality requirements, except that: (1) Supervisors and managers may be informed regarding necessary restrictions on the work or duties of an employee and necessary accommodations; (2) First aid and safety personnel may be informed (when appropriate) if the employee's physical or medical condition might require emergency

89 North Dakota treatments; and (3) Government official investigating compliance with the Family and Medical Leave Act (or other pertinent law) shall be provided relevant information upon request Public employee personnel records Administration Access. A state employee or the employee's designated representative must be permitted to examine the employee's official personnel file by appointment during normal business hours. The employee must be permitted to reproduce at the employee's expense any material in the employee's file MINIMUM WAGES AND HOURS; Employer to keep register of employees employed Inspection and examination of register. Every employer shall keep a register of the names of all employees employed by him, and on request shall permit the commissioner or any of his authorized representatives to inspect and examine such register EQUAL PAY FOR MEN AND WOMEN. Records and reporting. Every employer subject to this chapter shall make, keep, and maintain such records of the wages and wage rates, job classifications, and other terms and conditions of employment of the persons employed by him, and shall preserve such records for such periods of time, and shall make such reports therefrom as the commissioner prescribes. Sec Wages-Hours: Additional standards that apply to service and nonprofit industries. [Tip Credit.] 1. A tip credit of thirty-three percent of the minimum wage may be allowed for tipped employees. The employer may consider tips as part of wages, but such a tip credit must not exceed thirty-three percent of the minimum wage. The employer who elects to use the tip credit provision must inform the employee in advance and must maintain written records showing that the employee receives at least the minimum wage when direct wages and the tip credit allowance are combined. 2. [Tip Pooling.] Tip pooling is allowed only among the tipped employees. A vote of tipped employees to allow tip pooling must be taken, and fifty percent plus one of all tipped employees must approve it. The employer must maintain a written record of each vote on tip pooling, including names of employees voting and the vote totals. A vote on whether to pool tips is required if requested by fifty-one percent or more of the tipped employees. The tipped employees shall provide documentation verifying the request. Time spent in meetings called by the employees exclusively for tip issues is not worktime. 3. [Tipped Employees in Gaming Industry.]Tipped employees employed in the nonprofit gaming industry means all employees who are employed as gaming attendants by a gaming organization licensed under North Dakota Century Code section a. Gaming sites that regularly have four or fewer tipped employees on duty can require tip pooling among all tipped employees at the site. b. A gaming organization licensed under North Dakota Century Code section may require tip pooling by blackjack (twenty-one) dealers at an authorized site as provided in North Dakota Century Code This tippooling requirement only pertains to any employee, pit boss, or supervisor when actually dealing blackjack (twenty-one). c. Pit bosses or supervisors at gaming sites are not tipped employees and cannot be part of the tip pool when performing functions of those positions other than dealing blackjack (twenty-one) CHILD LABOR. Certificate of employment required Inspection List of minors employed to be kept. A minor fourteen or fifteen years of age may not be employed or permitted to work in any occupation except farm labor, domestic service, or in the employment of, and under the direct supervision of, the minor's parent or guardian unless the minor is exempt from compulsory school attendance under subdivisions b, c, and d of subsection 1 of section or, unless the

90 minor has an employment certificate signed by the minor's parent or guardian in accordance with the provisions of this chapter. Any person, firm, corporation, or limited liability company employing a minor must keep on file a completed employment certificate, for each minor, as provided in this chapter. The employment certificate must be accessible to inspection by the principal of the school which the minor attends, a principal in the municipality in which the minor resides, or the labor commissioner or the commissioner's agent or representative. Ohio HUMAN RIGHTS; Employment of individual Exceptions Physical examination Investigation of medical history. 1. Sections through do not apply to business policies or practices relating to the employment of an individual by the individual's parent, grandparent, spouse, child, or grandchild, or in the domestic service of a person. 2. The employment of one person in place of another, standing by itself, is not evidence of a discriminatory practice. 3. After a conditional offer of employment, it is not discriminatory practice for an employer, employment agency, or labor organization to: a. Require a person to undergo physical examination for the purpose of determining the person's capability to perform the essential functions of the job with or without reasonable accommodations if every entering employee in the same job category is subjected to the examination; or b. Conduct an investigation as to the person's medical history for the purpose of determining the person's capability to perform available employment if every entering employee in the same job category is subjected to the investigation. 4. Medical history obtained under this section must be collected and maintained separate from nonmedical information and must be kept confidential (A) No employer or physician, other health care professional, hospital, or laboratory that contracts with the employer to provide medical information pertaining to employees shall refuse upon written request of an employee to furnish to the employee or former employee or their designated representative a copy of any medical report pertaining to the employee. The requirements of this section extend to any medical report arising out of any physical examination by a physician or other health care professional and any hospital or laboratory tests which examinations or tests are required by the employer as a condition of employment or arising out of any injury or disease related to the employee's employment. However, if a physician concludes that presentation of all or any part of an employee's medical record directly to the employee will result in serious medical harm to the employee, he shall so indicate on the medical record, in which case a copy thereof shall be given to a physician designated in writing by the employee. (B) The employer may require the employee to pay the cost of furnishing copies of the medical reports described in division (A) of this section but in no case shall the employer charge more than twenty-five cents for each page of a report MINIMUM FAIR WAGE STANDARDS; Every employer subject to sections Every employer subject to section of the Revised Code, or to any rule adopted there under, shall make and keep for a period of not less than three years a record of the name, address, and occupation of each of the employer's employees, the rate of pay and the amount paid each pay period to each employee, the hours worked each day and each work week by the employee, and other information as the director of commerce prescribes by rule as necessary or appropriate for the enforcement of section of the Revised Code, or of the rules there under. Records may be opened for inspection or copying by the director at any reasonable time EMPLOYMENT OF MINORS; Every employer shall keep a time book or other written records... Every employer shall keep a time book or other written records which shall state the name, address, and occupation of each minor employed, the

91 number of hours worked by such minor on each day of the week, the hours of beginning and ending work, the hours of beginning and ending meal periods, and the amount of wages paid each pay period to each minor. The director of commerce or the director's authorized representative shall have access to and the right to copy from the time book or records. Records shall be kept for a period of two years. No employer shall fail to keep such time book or records, or knowingly make false statements therein, or refuse to make the time book and records accessible, upon request, to the director or the directors authorized representative EMPLOYMENT OF MINORS; (A) No minor shall be employed unless the employer keeps on the...(a) No minor shall be employed unless the employer keeps on the premises a complete list of all minors employed by the employer at a particular establishment and a printed abstract to be furnished by the director of commerce summarizing the provisions of this chapter. The list and abstract shall be posted in plain view in a conspicuous place which is frequented by the largest number of minor employees, and to which all minor employees have access. (B) An enforcement official may require any employer, in or about whose establishment an employee apparently under eighteen years of age is employed and whose age and schooling certificate is not on file with the director of commerce as required by section of the Revised Code, to furnish the enforcement official satisfactory evidence that the employee is in fact eighteen years of age or older. The enforcement official shall require from the employer the same evidence of age of the employee as is required by section of the Revised Code upon the issuance of an age and schooling certificate. No employer shall fail to produce the evidence. (C) Any employee apparently under eighteen years of age, working in any occupation or establishment with respect to which there are restrictions by rule or law governing the employment of minors, with respect to whom the employer has not furnished satisfactory evidence that the person is at or above the age required for performance of employment with the employer after being requested to do so, and who refuses to give to an enforcement official the employees name, age, and place of residence may be taken into custody and charged with being an unruly child or other appropriate charge under Chapter or of the Revised Code. (D) No person shall, with the intent to assist a minor to procure employment, make a false statement by any means, including by submitting falsified forms electronically, to any employer or to any person authorized to issue an age and schooling certificate :CIVIL RIGHTS COMMISSION; It shall be an unlawful discriminatory practice: (A) For any employer, because of the race, color, religion, sex, military status, national origin, disability, age, or ancestry of any person, to discharge without just cause, to refuse to hire, or otherwise to discriminate against that person with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment. (B) For an employment agency or personnel placement service, because of race, color, religion, sex, military status, national origin, disability, age, or ancestry, to do any of the following: (1) Refuse or fail to accept, register, classify properly, or refer for employment, or otherwise discriminate against any person; (2) Comply with a request from an employer for referral of applicants for employment if the request directly or indirectly indicates that the employer fails to comply with the provisions of sections to of the Revised Code. (C) For any labor organization to do any of the following: (1) Limit or classify its membership on the basis of race, color, religion, sex, military status, national origin, disability, age, or ancestry; (2) Discriminate against, limit the employment opportunities of, or otherwise adversely affect the employment status, wages, hours, or employment conditions of any person as an employee because of

92 race, color, religion, sex, military status, national origin, disability, age, or ancestry. (D) For any employer, labor organization, or joint labor-management committee controlling apprentice training programs to discriminate against any person because of race, color, religion, sex, military status, national origin, disability, or ancestry in admission to, or employment in, any program established to provide apprentice training. (E) Except where based on a bona fide occupational qualification certified in advance by the commission, for any employer, employment agency, personnel placement service, or labor organization, prior to employment or admission to membership, to do any of the following: (1) Elicit or attempt to elicit any information concerning the race, color, religion, sex, military status, national origin, disability, age, or ancestry of an applicant for employment or membership; (2) Make or keep a record of the race, color, religion, sex, military status, national origin, disability, age, or ancestry of any applicant for employment or membership; (3) Use any form of application for employment, or personnel or membership blank, seeking to elicit information regarding race, color, religion, sex, military status, national origin, disability, age, or ancestry; but an employer holding a contract containing a nondiscrimination clause with the government of the United States, or any department or agency of that government, may require an employee or applicant for employment to furnish documentary proof of United States citizenship and may retain that proof in the employers personnel records and may use photographic or fingerprint identification for security purposes; (4) Print or publish or cause to be printed or published any notice or advertisement relating to employment or membership indicating any preference, limitation, specification, or discrimination, based upon race, color, religion, sex, military status, national origin, disability, age, or ancestry; (5) Announce or follow a policy of denying or limiting, through a quota system or otherwise, employment or membership opportunities of any group because of the race, color, religion, sex, military status, national origin, disability, age, or ancestry of that group; (6) Utilize in the recruitment or hiring of persons any employment agency, personnel placement service, training school or center, labor organization, or any other employee-referring source known to discriminate against persons because of their race, color, religion, sex, military status, national origin, disability, age, or ancestry. (F) For any person seeking employment to publish or cause to be published any advertisement that specifies or in any manner indicates that person's race, color, religion, sex, military status, national origin, disability, age, or ancestry, or expresses a limitation or preference as to the race, color, religion, sex, military status, national origin, disability, age, or ancestry of any prospective employer. (G) For any proprietor or any employee, keeper, or manager of a place of public accommodation to deny to any person, except for reasons applicable alike to all persons regardless of race, color, religion, sex, military status, national origin, disability, age, or ancestry, the full enjoyment of the accommodations, advantages, facilities, or privileges of the place of public accommodation. (H) For any person to do any of the following: (1) Refuse to sell, transfer, assign, rent, lease, sublease, or finance housing accommodations, refuse to negotiate for the sale or rental of housing accommodations, or otherwise deny or make unavailable housing accommodations because of race, color, religion, sex, military status, familial status, ancestry, disability, or national origin; (2) Represent to any person that housing accommodations are not available for inspection, sale, or rental, when in fact they are available, because of race, color, religion, sex, military status, familial status, ancestry, disability, or national origin; (3) Discriminate against any person in the making or purchasing of loans or the provision of other financial assistance for the acquisition, construction, rehabilitation, repair, or maintenance of housing accommodations, or any person in the making or purchasing of loans or the provision of other financial assistance that is secured by residential real estate, because of race, color, religion, sex, military status, familial status, ancestry, disability, or national origin or because of the racial composition of the neighborhood in which the housing accommodations are located, provided that the person, whether an individual,

93 corporation, or association of any type, lends money as one of the principal aspects or incident to the person's principal business and not only as a part of the purchase price of an owner-occupied residence the person is selling nor merely casually or occasionally to a relative or friend; (4) Discriminate against any person in the terms or conditions of selling, transferring, assigning, renting, leasing, or subleasing any housing accommodations or in furnishing facilities, services, or privileges in connection with the ownership, occupancy, or use of any housing accommodations, including the sale of fire, extended coverage, or homeowners insurance, because of race, color, religion, sex, military status, familial status, ancestry, disability, or national origin or because of the racial composition of the neighborhood in which the housing accommodations are located; (5) Discriminate against any person in the terms or conditions of any loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of housing accommodations because of race, color, religion, sex, military status, familial status, ancestry, disability, or national origin or because of the racial composition of the neighborhood in which the housing accommodations are located; (6) Refuse to consider without prejudice the combined income of both husband and wife for the purpose of extending mortgage credit to a married couple or either member of a married couple; (7) Print, publish, or circulate any statement or advertisement, or make or cause to be made any statement or advertisement, relating to the sale, transfer, assignment, rental, lease, sublease, or acquisition of any housing accommodations, or relating to the loan of money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of housing accommodations, that indicates any preference, limitation, specification, or discrimination based upon race, color, religion, sex, military status, familial status, ancestry, disability, or national origin, or an intention to make anysuch preference, limitation, specification, or discrimination; (8) Except as otherwise provided in division (H)(8) or (17) of this section, make any inquiry, elicit any information, make or keep any record, or use any form of application containing questions or entries concerning race, color, religion, sex, military status, familial status, ancestry, disability, or national origin in connection with the sale or lease of any housing accommodations or the loan of any money, whether or not secured by mortgage or otherwise, for the acquisition, construction, rehabilitation, repair, or maintenance of housing accommodations. Any person may make inquiries, and make and keep records, concerning race, color, religion, sex, military status, familial status, ancestry, disability, or national origin for the purpose of monitoring compliance with this chapter (9) Include in any transfer, rental, or lease of housing accommodations any restrictive covenant, or honor or exercise, or attempt to honor or exercise, any restrictive covenant; (10) Induce or solicit, or attempt to induce or solicit, a housing accommodations listing, sale, or transaction by representing that a change has occurred or may occur with respect to the racial, religious, sexual, military status, familial status, or ethnic composition of the block, neighborhood, or other area in which the housing accommodations are located, or induce or solicit, or attempt to induce or solicit, a housing accommodations listing, sale, or transaction by representing that the presence or anticipated presence of persons of any race, color, religion, sex, military status, familial status, ancestry, disability, or national origin, in the block, neighborhood, or other area will or may have results including, but not limited to, the following: (a) The lowering of property values; (b) A change in the racial, religious, sexual, military status, familial status, or ethnic composition of the block, neighborhood, or other area; (c) An increase in criminal or antisocial behavior in the block, neighborhood, or other area; (d) A decline in the quality of the schools serving the block, neighborhood, or other area. (11) Deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization, or other service, organization, or facility relating to the business of selling or renting housing accommodations, or discriminate against any

94 person in the terms or conditions of that access, membership, or participation, on account of race, color, religion, sex, military status, familial status, national origin, disability, or ancestry; (12) Coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of that person's having exercised or enjoyed or having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by division (H) of this section; (13) Discourage or attempt to discourage the purchase by a prospective purchaser of housing accommodations, by representing that any block, neighborhood, or other area has undergone or might undergo a change with respect to its religious, racial, sexual, military status, familial status, or ethnic composition; (14) Refuse to sell, transfer, assign, rent, lease, sublease, or finance, or otherwise deny or withhold, a burial lot from any person because of the race, color, sex, military status, familial status, age, ancestry, disability, or national origin of any prospective owner or user of the lot; (15) Discriminate in the sale or rental of, or otherwise make unavailable or deny, housing accommodations to any buyer or renter because of a disability of any of the following; (a) The buyer or renter; (b) A person residing in or intending to reside in the housing accommodations after they are sold, rented, or made available; (c) Any individual associated with the person described in division (H)(15)(b) of this section. (16) Discriminate in the terms, conditions, or privileges of the sale or rental of housing accommodations to any person or in the provision of services or facilities to any person in connection with the housing accommodations because of a disability of any of the following: (a) That person; (b) A person residing in or intending to reside in the housing accommodations after they are sold, rented, or made available; (c) Any individual associated with the person described in division (H)(16)(b) of this section. (17) Except as otherwise provided in division (H)(17) of this section, make an inquiry to determine whether an applicant for the sale or rental of housing accommodations, a person residing in or intending to reside in the housing accommodations after they are sold, rented, or made available, or any individual associated with that person has a disability, or make an inquiry to determine the nature or severity of a disability of the applicant or such a person or individual. The following inquiries may be made of all applicants for the sale or rental of housing accommodations, regardless of whether they have disabilities: (a) An inquiry into an applicant's ability to meet the requirements of ownership or tenancy; (b) An inquiry to determine whether an applicant is qualified for housing accommodations available only to persons with disabilities or persons with a particular type of disability; (c) An inquiry to determine whether an applicant is qualified for a priority available to persons with disabilities or persons with a particular type of disability; (d) An inquiry to determine whether an applicant currently uses a controlled substance in violation of section of the Revised Code or a substantively comparable municipal ordinance; (e) An inquiry to determine whether an applicant at any time has been convicted of or pleaded guilty to any offense, an element of which is the illegal sale, offer to sell, cultivation, manufacture, other production, shipment, transportation, delivery, or other distribution of a controlled substance. (18)(a) Refuse to permit, at the expense of a person with a disability, reasonable modifications of existing housing accommodations that are occupied or to be occupied by the person with a disability, if the modifications may be necessary to afford the person with a disability full enjoyment of the housing accommodations. This division does not preclude a landlord of housing accommodations that are rented or to be rented to a disabled tenant from conditioning permission for a proposed modification upon the disabled tenant's doing one or more of the following: (i) Providing a reasonable description of the proposed modification and reasonable assurances that the proposed modification will be made in a worker like manner and that any required building permits will be obtained prior to the commencement of the proposed

95 modification; (ii) Agreeing to restore at the end of the tenancy the interior of the housing accommodations to the condition they were in prior to the proposed modification, but subject to reasonable wear and tear during the period of occupancy, if it is reasonable for the landlord to condition permission for the proposed modification upon the agreement; (iii) Paying into an interest-bearing escrow account that is in the landlord's name, over a reasonable period of time, a reasonable amount of money not to exceed the projected costs at the end of the tenancy of the restoration of the interior of the housing accommodations to the condition they were in prior to the proposed modification, but subject to reasonable wear and tear during the period of occupancy, if the landlord finds the account reasonably necessary to ensure the availability of funds for the restoration work. The interest earned in connection with an escrow account described in this division shall accrue to the benefit of the disabled tenant who makes payments into the account. (b) A landlord shall not condition permission for a proposed modification upon a disabled tenant's payment of a security deposit that exceeds the customarily required security deposit of all tenants of the particular housing accommodations. (19) Refuse to make reasonable accommodations in rules, policies, practices, or services when necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling unit, including associated public and common use areas; (20) Fail to comply with the standards and rules adopted under division (A) of section [ ] of the Revised Code; (21) Discriminate against any person in the selling, brokering, or appraising of real property because of race, color, religion, sex, military status, familial status, ancestry, disability, or national origin; (22) Fail to design and construct covered multifamily dwellings for first occupancy on or after June 30, 1992, in accordance with the following conditions: (a) The dwellings shall have at least one building entrance on an accessible route, unless it is impractical to do so because of the terrain or unusual characteristics of the site. (b) With respect to dwellings that have a building entrance on an accessible route, all of the following apply: (i) The public use areas and common use areas of the dwellings shall be readily accessible to and usable by persons with a disability. (ii) All the doors designed to allow passage into and within all premises shall be sufficiently wide to allow passage by persons with a disability who are in wheelchairs. (iii) All premises within covered multifamily dwelling units shall contain an accessible route into and through the dwelling; all light switches, electrical outlets, thermostats, and other environmental controls within such units shall be in accessible locations; the bathroom walls within such units shall contain reinforcements to allow later installation of grab bars; and the kitchens and bathrooms within such units shall be designed and constructed in a manner that enables an individual in a wheelchair to maneuver about such rooms. For purposes of division (H)(22) of this section, "covered multifamily dwellings" means buildings consisting of four or more units if such buildings have one or more elevators and ground floor units in other buildings consisting of four or more units. (I) For any person to discriminate in any manner against any other person because that person has opposed any unlawful discriminatory practice defined in this section or because that person has made a charge, testified, assisted, or participated in any manner in any investigation, proceeding, or hearing under sections to of the Revised Code. (J) For any person to aid, abet, incite, compel, or coerce the doing of any act declared by this section to be an unlawful discriminatory practice, to obstruct or prevent any person from complying with this chapter or any order issued under it, or to attempt directly or indirectly to commit any act declared by this section to be an unlawful discriminatory practice. (K)(1) Nothing in division (H) of this section shall bar any religious or denominational institution or organization, or any nonprofit charitable or educational organization that is operated, supervised, or controlled by or in connection with a religious organization, from limiting the sale, rental, or occupancy of housing accommodations that it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference in the sale, rental, or

96 occupancy of such housing accommodations to persons of the same religion, unless membership in the religion is restricted on account of race, color, or national origin. (2) Nothing in division (H) of this section shall bar any bona fide private or fraternal organization that, incidental to its primary purpose, owns or operates lodgings for other than a commercial purpose, from limiting the rental or occupancy of the lodgings to its members or from giving preference to its members. (3) Nothing in division (H) of this section limits the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy housing accommodations. Nothing in that division prohibits the owners or managers of housing accommodations from implementing reasonable occupancy standards based on the number and size of sleeping areas or bedrooms and the overall size of a dwelling unit, provided that the standards are not implemented to circumvent the purposes of this chapter and are formulated, implemented, and interpreted in a manner consistent with this chapter and any applicable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy housing accommodations. (4) Nothing in division (H) of this section requires that housing accommodations be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others. (5) Nothing in division (H) of this section pertaining to discrimination on the basis of familial status shall be construed to apply to any of the following: (a) Housing accommodations provided under any state or federal program that have been determined under the "Fair Housing Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended, to be specifically designed and operated to assist elderly persons; (b) Housing accommodations intended for and solely occupied by persons who are sixty-two years of age or older; (c) Housing accommodations intended and operated for occupancy by at least one person who is fifty-five years of age or older per unit, as determined under the "Fair Housing Amendments Act of 1988," 102 Stat. 1623, 42 U.S.C.A. 3607, as amended. (L) Nothing in divisions (A) to (E) of this section shall be construed to require a person with a disability to be employed or trained under circumstances that would significantly increase the occupational hazards affecting either the person with a disability, other employees, the general public, or the facilities in which the work is to be performed, or to require the employment or training of a person with a disability in a job that requires the person with a disability routinely to undertake any task, the performance of which is substantially and inherently impaired by the persons disability. (M) Nothing in divisions (H)(1) to (18) of this section shall be construed to require any person selling or renting property to modify the property in any way or to exercise a higher degree of care for a person with a disability, to relieve any person with a disability of any obligation generally imposed on all persons regardless of disability in a written lease, rental agreement, or contract of purchase or sale, or to forbid distinctions based on the inability to fulfill the terms and conditions, including financial obligations, of the lease, agreement, or contract. (N) An aggrieved individual may enforce the individual's rights relative to discrimination on the basis of age as provided for in this section by instituting a civil action, within one hundred eighty days after the alleged unlawful discriminatory practice occurred, in any court with jurisdiction for any legal or equitable relief that will effectuate the individual's rights. A person who files a civil action under this division is barred, with respect to the practices complained of, from instituting a civil action under section of the Revised Code and from filing a charge with the commission under section of the Revised Code. (O) With regard to age, it shall not be an unlawful discriminatory practice and it shall not constitute a violation of division (A) of section of the Revised Code for any employer, employment agency, joint labor-management committee controlling apprenticeship training programs, or labor organization to do any of the following: (1) Establish bona fide employment qualifications reasonably related to the particular business or occupation that may include standards for skill,

97 aptitude, physical capability, intelligence, education, maturation, and experience; (2) Observe the terms of a bona fide seniority system or any bona fide employee benefit plan, including, but not limited to, a retirement, pension, or insurance plan, that is not a subterfuge to evade the purposes of this section. However, no such employee benefit plan shall excuse the failure to hire any individual, and no such seniority system or employee benefit plan shall require or permit the involuntary retirement of any individual, because of the individual's age except as provided for in the "Age Discrimination in Employment Act Amendment of 1978," 92 Stat. 189, 29 U.S.C.A. 623, as amended by the "Age Discrimination in Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A. 623, as amended. (3) Retire an employee who has attained sixty-five years of age who, for the two-year period immediately before retirement, is employed in a bona fide executive or a high policymaking position, if the employee is entitled to an immediate nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or any combination of those plans, of the employer of the employee, which equals, in the aggregate, at least forty-four thousand dollars, in accordance with the conditions of the "Age Discrimination in Employment Act Amendment of 1978," 92 Stat. 189, 29 U.S.C.A. 631, as amended by the "Age Discrimination in Employment Act Amendments of 1986," 100 Stat. 3342, 29 U.S.C.A. 631, as amended; (4) Observe the terms of any bona fide apprenticeship program if the program is registered with the Ohio apprenticeship council pursuant to sections to of the Revised Code and is approved by the federal committee on apprenticeship of the United States department of labor. (P) Nothing in this chapter prohibiting age discrimination and nothing in division (A) of section of the Revised Code shall be construed to prohibit the following; (1) The designation of uniform age the attainment of which is necessary for public employees to receive pension or other retirement benefits pursuant to Chapter 145., 742., 3307., 3309., or of the Revised Code; (2) The mandatory retirement of uniformed patrol officers of the state highway patrol as provided in section of the Revised Code; (3) The maximum age requirements for appointment as a patrol officer in the state highway patrol established by section of the Revised Code; (4) The maximum age requirements established for original appointment to a police department or fire department in sections and of the Revised Code; (5) Any maximum age not in conflict with federal law that may be established by a municipal charter, municipal ordinance, or resolution of a board of township trustees for original appointment as a police officer or firefighter; (6) Any mandatory retirement provision not in conflict with federal law of a municipal charter, municipal ordinance, or resolution of a board of township trustees pertaining to police officers and firefighters; (7) Until January 1, 1994, the mandatory retirement of any employee who has attained seventy years of age and who is serving under a contract of unlimited tenure, or similar arrangement providing for unlimited tenure, at an institution of higher education as defined in the "Education Amendments of 1980," 94 Stat. 1503, 20 U.S.C.A. 1141(a). (Q)(1)(a) Except as provided in division (Q)(1)(b) of this section, for purposes of divisions (A) to (E) of this section, a disability does not include any physiological disorder or condition, mental or psychological disorder, or disease or condition caused by an illegal use of any controlled substance by an employee, applicant, or other person, if an employer, employment agency, personnel placement service, labor organization, or joint labormanagement committee acts on the basis of that illegal use. (b) Division (Q)(1)(a) of this section does not apply to an employee, applicant, or other person who satisfies any of the following; (i) The employee, applicant, or other person has successfully completed a supervised drug rehabilitation program and no longer is engaging in the illegal use of any controlled substance, or the employee, applicant, or other person otherwise successfully has been rehabilitated and no longer is engaging in that illegal use. (ii) The employee, applicant, or other person is participating in a supervised drug rehabilitation program and no longer is engaging in the illegal use of any controlled

98 substance. (iii) The employee, applicant, or other person is erroneously regarded as engaging in the illegal use of any controlled substance, but the employee, applicant, or other person is not engaging in that illegal use. (2) Divisions (A) to (E) of this section do not prohibit an employer, employment agency, personnel placement service, labor organization, or joint labor-management committee from doing any of the following: (a) Adopting or administering reasonable policies or procedures, including, but not limited to, testing for the illegal use of any controlled substance, that are designed to ensure that an individual described in division (Q)(1)(b)(i) or (ii) of this section no longer is engaging in the illegal use of any controlled substance; (b) Prohibiting the illegal use of controlled substances and the use of alcohol at the workplace by all employees; (c) Requiring that employees not be under the influence of alcohol or not be engaged in the illegal use of any controlled substance at the workplace; (d) Requiring that employees behave in conformance with the requirements established under "The Drug-Free Workplace Act of 1988," 102 Stat. 4304, 41 U.S.C.A. 701, as amended; (e) Holding an employee who engages in the illegal use of any controlled substance or who is an alcoholic to the same qualification standards for employment or job performance, and the same behavior, to which the employer, employment agency, personnel placement service, labor organization, or joint labor-management committee holds other employees, even if any unsatisfactory performance or behavior is related to an employee's illegal use of a controlled substance or alcoholism; (f) Exercising other authority recognized in the "Americans with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A , as amended, including, but not limited to, requiring employees to comply with any applicable federal standards. (3) For purposes of this chapter, a test to determine the illegal use of any controlled substance does not include a medical examination. (4) Division (Q) of this section does not encourage, prohibit, or authorize, and shall not be construed as encouraging, prohibiting, or authorizing, the conduct of testing for the illegal use of any controlled substance by employees, applicants, or other persons, or the making of employment decisions based on the results of that type of testing MISCELLANEOUS LABOR PROVISIONS; MEDICAL REPORT FURNISHED. (A) No employer or physician, other health care professional, hospital, or laboratory that contracts with the employer to provide medical information pertaining to employees shall refuse upon written request of an employee to furnish to the employee or former employee or their designated representative a copy of any medical report pertaining to the employee. The requirements of this section extend to any medical report arising out of any physical examination by a physician or other health care professional and any hospital or laboratory tests which examinations or tests are required by the employer as a condition of employment or arising out of any injury or disease related to the employee's employment. However, if a physician concludes that presentation of all or any part of an employee's medical record directly to the employee will result in serious medical harm to the employee, he shall so indicate on the medical record, in which case a copy thereof shall be given to a physician designated in writing by the employee. (B) The employer may require the employee to pay the cost of furnishing copies of the medical reports described in division (A) of this section but in no case shall the employer charge more than twentyfive cents for each page of a report. (C) As used in this section, "employer" has the same meaning as contained in the definition of that term found in section of the Revised Code. (D) Any employer who refuses to furnish the reports to which an employee is entitled is guilty of a minor misdemeanor for each violation. The bureau of workers' compensation shall enforce this section CIVIL RIGHTS COMMISSION; Discriminatory Practices; Discrimination in the employment of the disabled. (A) Discrimination prohibited. No qualified disabled person shall, on the basis of disability, be subjected to

99 discrimination in employment as it relates to: (1) Recruitment, advertising, and the processing of applications for employment; (2) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring; (3) Rates of pay or any other form of compensation or any changes in compensation; (4) Job assignment, job classification, organizations, organizational structure, position descriptions, lines of progression, and seniority lists; (5) Departure and return from leaves of absence, sick leave, or any other leave; (6) Fringe benefits available by virtue of employment, whether or not administered by the respondent, except as provided in paragraph (f) of this rule; (7) Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; 8) Employersponsored activities, including social or recreational programs; and (9) Any other term, condition or privilege of employment. (B) Pre-employment inquiries. (1) Preemployment inquiries are permissible if they are designed to: (a) Determine whether an applicant can perform the job without significantly increasing the occupational hazards to himself or herself, to others, to the general public, or to the work facilities; (b) Determine whether the applicant can perform the essential functions of the job with or without a reasonable accommodation. (2) The pre-employment inquiries permissible under paragraph (e) of this rule should be preceded by a statement that discrimination on the basis of a disability, which does not create the occupational hazards nor prevent substantial job performance, as set out in paragraph (e) of this rule, is prohibited by state law. (3) Information obtained in accordance with this paragraph as to the medical condition or history of the applicant shall be collected only through the use of separate forms which shall be accorded confidentiality as medical records. Supervisors may, however, be given information and instructions necessary to the person's health and safety and may be informed of work restrictions and necessary accommodations. (4) If, pursuant to federal contract requirements or a bona fide affirmative action plan, an employer is required to maintain records of the number of disabled persons who apply, and/or who are employed, such records shall be gathered and maintained in such a fashion as to preclude their inadvertent or deliberate use for discriminatory purposes and to avoid possible misinterpretation by applicants of the purpose for which such data will be used. (C) Pre-employment physical examinations. (1) Pre-employment physical examinations may be given after a conditional offer of employment has been extended to the applicant if such examinations are used: (a) To determine those matters set out in paragraph (B)(1) of this rule; (b) To establish a base line for health records and facilitate preventive medicine programs; or (c) For other reasons demonstrated by the employer to be valid. Such examinations cannot be used to exclude an applicant, unless the disability resulting in the exclusion creates a significant occupational hazard or prevents substantial job performance as set out in paragraph (e) of this rule. (2) Information obtained in a physical examination shall be collected and used in the same manner as set out in paragraph (B)(3) of this rule. (D) Burden of proof when applicant is excluded based on disability. (1) Burden of proof. If an applicant is refused employment, or an employee is discriminated against in any term, condition or privilege of employment because of a disability, the employer shall have the burden of establishing the basis for the refusal or discrimination, whether it is based upon a BFOQ, occupational hazard, inability to substantially perform the job, or inability of the employer to accommodate. (2) Bona fide occupational qualifications. (a) Division (e) of section of the Revised code, which is distinct from the exemption language of division (l) of section of the revised code, permits discrimination against the disabled when such discrimination is based on a BFOQ. The commission construes the BFOQ exception very narrowly and requires an employer to prove that all or substantially all persons with a particular disability are unable to perform the typical duties of the job in question. (b) The following job requirements are BFOQs: (i) Any specific requirement set out in a statute of the

100 united states or an authorized regulation of an agency of the united states government; and (ii) Any specific requirement set out in a statute of the state of ohio or an authorized regulation of an agency of the state of ohio, or in an ordinance, authorized rule, or other official act of a unit of local government of the state of ohio, unless the ohio civil rights commission finds that the state or local requirement is not consistent with the laws against discrimination. (c) The following are not BFOQs: (i) Preferences or objections of co-workers, the employer, clients, or customers; and (ii) Physical or administrative obstacles or inadequacies in work facilities that reasonably can be corrected as provided in paragraph (e) of this rule. (3) Occupational hazards. (a) Division (l) of section of the Revised code, provides that a disabled person need not be employed or trained under circumstances that would significantly increase the occupational hazards affecting either the disabled person, other employees, the general public, or the facilities in which the work is to be performed. If this section is relied upon to refuse to hire or train a disabled person, it is the employer's burden to establish the manner and degree to which such occupational hazards would be increased. Objective standards must be used to evaluate any such increased hazards. Only "significant" increases in hazards justify refusal to hire or train. Thus, the hazard must be reasonably foreseeable with a significant probability of happening. (b) Occupational hazards specifically recognized by the united states department of labor's occupational safety and health administration which are not correctable by reasonable accommodation meet the requirements of division (l) of section of the revised code, and will justify refusal to employ or train a disabled person. (c) Even if under existing circumstances occupational hazards would be significantly increased, an employer may not rely on division (l) of section of the revised code to refuse to employ or to train a disabled person if through reasonable accommodation pursuant to paragraph (e) of this rule the significantly increased occupational hazards could be avoided. (4) Ability to perform the job. (a) Division (l) of section of the revised code further provides that a disabled person need not be employed or trained in a job that requires him or her routinely to undertake any task, the performance of which is substantially and inherently impaired by his or her disability. The determination of whether a disabled person is substantially unable to perform a job must be made on an individual basis, taking into consideration the specific job requirements and the individual disabled person's capabilities. (b) An employer cannot rely on division (L) of section of the Revised Code to exclude a disabled person unless the job requires him or her to routinely undertake a task which such person cannot substantially perform. A task which is an infrequent, irregular or nonessential element of a job cannot be used to exclude a disabled person. (c) An employer cannot rely on division (L) of section of the Revised Code to exclude a disabled person if, through reasonable accommodation pursuant to paragraph (E) of this rule, the disabled person can substantially perform the essential elements of the job. (d) The performance of a job by a disabled person is not substantially and inherently impaired by his or her disability within the meaning of division (L) of section of the Revised Code, if such person is capable of performing the job, with reasonable accommodation to his or her disability, at the minimum acceptable level of productivity applicable to a non- disabled incumbent employee or applicant for employment. (e) A physician's opinion on whether a person's disability substantially and inherently impairs his or her ability to perform a particular job will be given due weight in view of all of the circumstances including: (i) The physician's knowledge of the individual capabilities of the applicant or employee, as opposed to generalizations as to the capabilities of all persons with the same disability, unless the disability is invariable in its disabling effect; (ii) The physician's knowledge of the actual sensory, mental, and physical qualifications required for substantial performance of the particular job; and (iii) The physician's relationship to the parties.

101 (E) Reasonable accommodation. (1) An employer must make reasonable accommodation to the disability of an employee or applicant, unless the employer can demonstrate that such an accommodation would impose an undue hardship on the conduct of the employer's business. (2) Accommodations may take the form, for example, of providing access to the job, job restructuring, acquisition or modification of equipment or devices, or a combination of any of these. Job restructuring may consist, among other things, of realignment of duties, revision of job descriptions or modified and part-time work schedules. Specific examples include: (a) If a job entails primarily typing duties with some irregular messenger or delivery tasks, the messenger or delivery tasks could be assigned to an ambulatory employee so that a nonambulatory disabled person with satisfactory typing skills could be employed. (b) If a disabled employee is required to have physical therapy during normal working hours, his or her work schedule could be modified to allow the employee to make up the time lost because of the therapy. (3) In determining whether an accommodation would result in undue hardship to an employer, the following factors may be considered: (a) Business necessity; (b) Financial cost and expense where such costs are unreasonably high in view of the size of the employer's business, the value of the disabled employee's work, whether the cost can be included in planned remodeling or maintenance, and the requirements of other laws and contracts; and (c) Other appropriate considerations which the employer can support with objective evidence. (4) The exceptions to the prohibition against discrimination because of disability set out in division (E) of section and division (L) of section of the Revised Code, and paragraph (E) of this rule are not applicable where reasonable accommodation would remove the limitation on the disabled person's ability to safely and substantially perform the job. (F) Application and testing procedures. (1) An employer may not use any test or other criterion which creates barriers to employment opportunities of disabled persons unless: (a) The test or criterion being used has been validated as related to job performance for the position in question; and (b) Alternative tests or criteria to predict the same job performance, but which have less adverse effect, are shown to be unavailable. (2) Validated tests shall be administered to disabled persons in a manner which ensures that the test accurately reflects the applicant's or employee's job skills, aptitude, or whatever other factor the test purports to measure, rather than reflecting the person's disability itself, except where such disability impairs the very factors which the test purports to measure. (G) Fringe benefits. (1) An employer may not discriminate on the basis of disability in providing fringe benefits to employees. Any fringe benefit plan must provide for equal benefits and equal contributions to the plan by disabled and non-disabled persons unless any difference in benefits or contributions is justified by verifiable actuarial figures and an actual substantial increase in cost to the employer. (2) Where, on an actuarial basis as set forth in paragraph (G)(1) of this rule, participation by a disabled person in a fringe benefit is prohibitive because of a substantial increase in cost of the benefit, the employee shall have the option of either paying the additional cost of the benefit above the cost for non-disabled persons or losing the benefit, but being paid by the employer a sum equal to the contribution the employer would have made for the benefit on behalf of the employee. (3) In no event shall a disabled person be denied employment because of inability to participate in a fringe benefit plan as described in paragraphs (G)(1) and (G)(2) of this rule. (H) Voluntary affirmative action plans. (1) In determining whether an employer has violated the proscriptions of Chapter of the Revised Code against discrimination based on disability, the Ohio civil rights commission will consider evidence of an employer's efforts to establish and implement a voluntary affirmative action plan for employment of disabled persons. The Ohio civil rights commission is specifically interested in implementation of such plans which has resulted in employment of disabled persons and in changes in employment practices or procedures which will facilitate access to employment by disabled persons. (2)

102 Oklahoma Oregon Approval by an agency of the United States government of an employer's affirmative action plan that is required by federal law, does not relieve such employer of the obligations imposed by Chapter of the revised code, as it relates to employment of disabled persons, but such plans will be treated as voluntary plans for the purposes of paragraph (H)(1) of this rule. Sec. 77. Child Labor; Minors under the age of 16; Schooling certificates; Recordkeeping requirements; Exceptions. Before any child under the age of sixteen (16) years shall be employed in any occupation specified in Section 71 of this title, it shall be the duty of the parent or guardian of such child to procure and furnish the employer of such child an age and schooling certificate as hereinafter provided in this article. 1 It shall be the duty of every person, firm or corporation owning or operating any of the establishments specified in Section 71 of this title, or employers in such occupation, to keep on file for the inspection of the Commissioner or his designee, truant officers, or other persons charged with the administration of this article, such age and schooling certificate, for every child under sixteen (16) years of age employed in such occupation, and to keep on file where such children are employed a register with a complete list of children under sixteen (16) years of age so employed, together with the age of each child as set forth in the age and schooling certificate opposite the name of such child, and also to keep on file in such place or establishment, in such form as the Commissioner or his designee may prescribe, the time of opening and closing of such factory or other establishment, the number of hours of labor required or permitted in such establishment, the hours of commencing and stopping work, and the time allowed for meals, and, if there be two or more shifts in such establishment, the number of hours in each shift during which the employees are required or permitted to work. On termination of the employment of a child so registered, and whose certificate is so filed, such certificate shall be forthwith surrendered by the employer to the child or its parent, guardian or custodian; provided that this section shall not apply to the employment of children who are not residents of the State of Oklahoma, to perform in any duly licensed theatre, motion picture theatre or other place of public amusement. Sec Employment Practices: Records; Accessibility of. (a) In connection with an investigation of a complaint filed under this Act, the Commission or its designated representative shall have access at any reasonable time to premises, records and documents relevant to the complaint and the right to examine, photograph and copy evidence, in accordance with the Oklahoma Administrative Procedure Act. (b) The Commission, by regulation, shall require each person subject to this Act which controls an apprenticeship or other training program to keep all records reasonably necessary to carry out the purposes of this Act, including, but not limited to, a list of applicants who wish to participate in such program, including the chronological order in which applications were received, and shall furnish to the Commission upon request, a detailed description of the manner in which persons are selected to participate in the apprenticeship or other training programs. (c) A person who believes that the application to him of a regulation or order issued under this section would result in undue hardship may (1) apply to the Commission for an exemption from the application of the regulation or order, or (2) bring an action for a declaratory judgment under 74 Oklahoma Statutes, Section 306, if appropriate, or may resist an enforcement application brought under 75 Oklahoma Statutes, Section 315(3). (d) So as to avoid undue burden on persons subject to the Act, records and reports required by the Commission under this section shall conform as near as may be to similar records and reports required by federal law. (e) It is unlawful for an officer or employee of the Commission to make public with respect to a particular person without his consent information obtained by the Commission pursuant to its authority under this section Inspection of records by employee; furnishing copy to employee; disposition of record on termination of employment; charge

103 for copies; public safety officer records. (1) As used in this section:(a) 'Employer' has the meaning given that term in ORS b) 'Personnel does not include records of an individual relating to the conviction, arrest or investigation of conduct constituting a violation of the criminal laws of this state or another state or the United States, confidential reports from previous employers or records maintained in compliance with ORS ) Within 45 days after receipt of the request of an employee, the employer shall provide reasonable opportunity for the employee to inspect, at the place of employment or place of work assignment, the personnel records of the employee that are used or have been used to determine the employee's qualification for employment, promotion, additional compensation or employment termination or other disciplinary action. Within 45 days after receipt of the request of the employee, the employer shall furnish a certified copy of the records. (3) Upon termination of employment, the employer shall keep the terminated employee's personnel records for not less than 60 days. The terminated employee may request a certified copy of the records within the 60-day period or at any time thereafter if the employer has the records at the time of the request. Within 45 days after receipt of the request, the employer shall furnish a certified copy of the records. (4) Notwithstanding the time periods described in subsections (2) and (3) of this section, if the employee's personnel records are not readily available, the employer and the employee may agree to extend the time within which the employer must provide the employee reasonable opportunity to inspect the records or furnish the employee a certified copy of the records Teacher's personnel file shall be open for inspection by the teacher, the teacher's designees and the district school board and its designees. District school boards shall adopt rules governing access to personnel files, including rules specifying whom school officials may designate to inspect personnel files (1) The State Board of Higher Education may, for each institution, division and department under its control adopt rules and specific orders by or through the institutional executive of each institution governing access to personnel records of the institution, division or department, which are less than 25 years old. (2) Rules adopted under subsection (1) of this section shall require that personnel records be subjected to restrictions on access unless upon a finding by the institutional executive that the public interest in maintaining individual rights to privacy in an adequate educational environment would not suffer by disclosure of such records. Access to such records may be limited to designated classes of information or persons, or to stated times and conditions, or to both, but cannot be limited for records more than 25 years old. (3) No rule or order promulgated pursuant to this section shall deny to a faculty member full access to the member's personnel file or records kept by the board or its institutions, schools or departments, except as provided in paragraphs (d) and (e) of this subsection. (a) The number of files relating to the evaluation of a faculty member shall be limited to three, to be kept in designated, available locations. (b) Any evaluation received by telephone shall be documented in each of the faculty member's files by means of a written summary of the conversation with the names of the conversant identified. (c) A faculty member shall be entitled to submit, for placement in the three files, evidence rebutting, correcting, amplifying or explaining any document contained therein and other material which the member believes might be of assistance in the evaluation process. (d) Letters and other information submitted in confidence to the board or its institutions, schools or departments prior to July 1, 1975, shall be maintained in the files designated. However, if a faculty member requests access to those files, the anonymity of the contributor of letters and other information obtained prior to July 1, 1975, shall be protected. The full text shall be made available except that portions of the text which would serve to identify the contributor shall be excised by a faculty committee. Only the names of the contributors and the excised portions of the

104 documents may be kept in a file other than the three prescribed by paragraph (a) of this subsection. (e) Confidential letters and other information submitted to or solicited after July 1, 1975, by the board or its institutions, schools or departments prior to the employment of a prospective faculty member are exempt from the provisions of this section. However, if the member is employed by the board or its institutions, schools or departments, the confidential pre-employment materials shall be placed in the three authorized files. If a faculty member requests access to the member's files, the anonymity of the contributor of confidential pre-employment letters and other preemployment information shall be protected. The full text shall be made available, except that portions of the text which would serve to identify the contributor shall be excised and retained in a file other than the three designated in paragraph (a) of this subsection. (f) Classroom survey evaluation by students of a faculty member's classroom or laboratory performance shall be anonymous. The record of tabulated reports shall be placed in at least one of the files designated in paragraph (a) of this subsection. All survey instruments used to obtain evaluation data shall be returned to the faculty member. (g) After July 1, 1975, the board, its institutions, schools or departments when evaluating its employed faculty members shall not solicit nor accept letters, documents or other materials, given orally or in written form, from individuals or groups who wish their identity kept anonymous or the information they provide kept confidential. (4) No rule or order promulgated pursuant to this section limits the authority of the institution, division or department to prepare, without identification of individual persons who have not consented thereto, statistical or demographic reports from personnel records. (5) Any category of personnel records specifically designated as confidential pursuant to valid rules or orders pursuant to this section shall not be deemed a public record for the purposes of ORS Minimum Wages; Employment Conditions; Minors; Records to be kept by employers; itemization of deductions from wages. (1) Every employer required by ORS or by any rule, order or permit issued under ORS to pay a minimum wage to any of the employer's employees shall make and keep available to the Commissioner of the Bureau of Labor and Industries for not less than two years, a record or records containing: (a) The name, address and occupation of each of the employer's employees. (b) The actual hours worked each week and each pay period by each employee. (c) Such other information as the commissioner prescribes by the commissioner's rules if necessary or appropriate for the enforcement of ORS to or of the rules and orders issued thereunder. (2) Each employer shall keep the records required by subsection (1) of this section open for inspection or transcription by the commissioner or the commissioner's designee at any reasonable time. (3) Every employer of one or more employees covered by ORS to shall supply each of the employer's employees with itemized statements of amounts and purposes of deductions in the manner provided in ORS Pennsylvania Employment of Minors; Minimum Wages; Employment Conditions; Minors-- Employment certificates on file; list of minor employees. No child under 18 years of age shall be employed or permitted to work in any employment listed in ORS (2) unless the person employing the child keeps on file and accessible to the school authorities of the district where such child resides, and to the police and the Wage and Hour Commission, an annual employment certificate as prescribed by the rules adopted by the commission pursuant to ORS and keeps a complete list of all such children employed therein INSPECTION OF PERSONNEL FILES. An employer shall, at reasonable times, upon request of an employee, permit the employee or an agent designated by the employee to inspect his or her own personnel files used to determine his or her own qualifications for employment, promotion, additional compensation, termination or disciplinary action. The employer shall make these records available

105 during the regular business hours of the office where these records are usually and ordinarily maintained, when sufficient time is available during the course of a regular business day, to inspect the personnel files in question. The employer may require the requesting employee or the agentdesignated by the employee to inspect such records on the free time of the employee or agent. At the employer's discretion, the employee may be required to file a written form to request access to the personnel file or files or to indicate a designation of agency for the purpose of file access and inspection. This form is solely for the purpose of identifying the requesting individual or the designated agent of the requesting individual to avoid disclosure to ineligible individuals. To assist the employer in providing the correct records to meet the employer's need, the employee shall indicate in his written request, either the purpose for which the inspection is requested, or the particular parts of his personnel record which he wishes to inspect or have inspected by the employee's agent. Nothing in this act shall be construed as a requirement that an employee be permitted to remove his personnel file, any part thereof, or copy of the contents of such file from the place of the employer's premises where it is made available for inspection. The taking of notes by employees is permitted. The employer shall retain the right to protect his files from loss, damage or alteration to insure the integrity of the files. The employer may require inspection of the personnel file in the presence of a designated official. The employer must allow sufficient inspection time, commensurate with the volume content of the file. Except for reasonable cause the employer may limit inspection to once every calendar year EQUAL PAY LAW; Records and reporting Every employer subject to this act shall make, keep and maintain such records of the wages and wage rates, job classifications and other terms and conditions of employment of the persons employed by him, and shall preserve such records for such period and shall make such reports there from, as the secretary shall prescribe EMPLOYMENT AND WAGES; Recordkeeping. (a) Employers shall keep the following records which shall be made available, at the place of employment, upon request, to authorized employee of the Department during the usual business hours of the employer: (1) The name and address of each employee. (2) The rate of wage paid each employee. (b) The records shall be kept for a period of 1 year unless an action is pending in which the records are relevant WAGES; Duty of employer Every employer of employees shall keep a true and accurate record of the hours worked by each employee and the wages paid to each, and shall furnish to the secretary or his or her duly authorized representative, upon demand, a sworn statement of the same. Such records shall be open to inspection by any duly authorized representative of the secretary at any reasonable time and shall be preserved for a period of three years. Every employer subject to this act shall keep a summary of this act and any regulations issued thereunder applicable to him or her, posted in a conspicuous place where employees normally pass and can read it. Employers shall, upon request, be furnished copies of such summaries without charge. Employers shall permit any duly authorized representative of the secretary to interrogate any employee in the place of employment and during work hours with respect to the wages paid to and the hours worked by such employee or other employees. 43 P. S. 63. CHILD LABOR LAW; Posting of laws; lists of minors under eighteen employed; schedule of hours. It shall be the duty of every person who shall employ any minor, under the age of eighteen years, to post and keep posted, in a conspicuous place in every establishment wherein said minor is employed, permitted or suffered to work, a printed abstract of the sections of this act relating to the hours of labor, and a

106 list or lists of all minors employed under the age of eighteen years and a schedule of the hours of labor of such minors. The schedule of hours of labor herein required shall contain the name of the minor employed or permitted to work, the maximum number of hours such minor shall be required or permitted to work on each day of the week with the total for the week, the hours for commencing and stopping work, and the hours when the time allowed for meals shall begin and end for each day of the week. Such minor may begin work after the time for beginning and stop before the time for ending work stated in such schedule, but he shall not otherwise be employed or permitted to work in or in connection with any establishment except as stated in such schedule: Provided, however, That in the case of messengers employed by telegraph companies, such schedule may be varied in accordance with business on hand so long as a minor is not employed a greater number of hours per day or per week than permitted by this act. Such copies of the abstracts of this act and blanks for compliance with its provisions shall be prepared by the Department of Labor and Industry, and be furnished by it on application of such employer. Every person employing minors under eighteen years of age shall furnish the employment certificates or transferable work permits and lists provided for in this act, for inspection, to attendance officers, factory inspectors, or other authorized inspectors or officers charged with the enforcement of this act. Sec Employment Practices:, Employee's handicap or disability; Eliciting and disseminating information. Information concerning a handicap or disability, medical condition or medical history of an employee, whether past, present or recurring, shall be accorded confidentiality as medical records and shall be retained only through the use of forms accorded confidentiality as medical records. The information may only be disseminated with the permission of the employee or when the employer can show a demonstrable business necessity for the dissemination including, but not limited to, the following: (1) Responsible supervisors may be provided relevant information regarding restrictions on the work or duties of handicapped or disabled persons and regarding necessary accommodations. (2) First aid, safety and other personnel may be provided relevant information where appropriate, if the condition might require emergency treatment or extraordinary measures by the personnel in the event of a safety hazard. (3) Government agencies investigating compliance with any law may be provided relevant information upon request. (4) Authorized representatives of a labor organization may be provided relevant information in the context of a bona fide labor dispute or grievance procedure. (5) Insurers may be provided relevant information upon request for bona fide insurance purposes. 16 Pa. Code HUMAN RELATIONS COMMISSION; RETENTION OF EMPLOYMENT RECORDS. Employers. A record, document and data pertaining to the employment, transfer, promotion and dismissal of individuals actually employed shall be preserved by employers subject to the Pennsylvania Human Relations Act (43 P. S ) for 120 days following termination of employment. Company application-for-employment forms filled out by unsuccessful applicants shall be preserved in like manner by the employers for 120 days following the filing of the forms. These records shall be made available during business hours for inspection by authorized representatives of the Commission, and shall be subject to subpoena duces tecum upon failure to show the records.

107 Rhode Island MINIMUM WAGES; Records of employers. Every employer subject to any provision of this chapter or of any regulation or order issued under this chapter shall make and keep for a period of not less than three (3) years in or about the premises wherein any employee is employed a record of the name, address, and occupation of each of his or her employees, the rate of pay, and the amount paid each pay period to each employee, the hours worked each day and each work week by the employee, and such other information as the director of labor and training shall prescribe by regulation as necessary or appropriate for the enforcement of the provisions of this chapter or the regulations or orders thereunder. The records shall be open for inspection or transcription by the director of labor and training or his or her authorized representative at any reasonable time. Every employer shall furnish to the director of labor and training or to his or her authorized representative on demand a sworn statement of the records and information upon forms prescribed or approved by the director of labor and training Access to Files; (a) Every employer shall, upon not less than seven (7) days advance notice, holidays, Saturdays, and Sundays excluded, and at any reasonable time other than the employee's work hours and upon the written request of an employee, permit an employee to inspect personnel files which are used or have been used to determine that employee's qualifications for employment, promotion, additional compensation, termination, or disciplinary action. This inspection shall be made in the presence of an employer or employer's designee. The employee shall not be permitted to make any copies of nor remove his or her personnel file from the immediate place of inspection located on the business premises. The employer may charge the employee a fee reasonably related to the cost of supplying copies of requested documents. This section does not apply to records of an employee relating to the investigation of a possible criminal offense or records prepared for use in any civil, criminal, or grievance proceedings, any letter of reference, recommendations, managerial records kept or used only by the employer, confidential reports from previous employers, and managerial planning records. (b) Employers are not required to permit an inspection of any employee's personnel file or records on more than three (3) occasions in any calendar year EMPLOYMENT OF WOMEN AND CHILDREN; Certificates and permits kept by employer. All certificates of age and permits required by this chapter relating to the qualification of children employed in any factory, or manufacturing, or business establishment coming under the provisions of this chapter, shall be kept by the employer at the place where the child is employed, and shall be shown to the compliance inspectors provided for by chapter 20 of this title, or either or any of them, on demand by the inspector or inspectors, and the proprietor or manager of any factory or manufacturing or business establishment who shall fail to produce or shall refuse to show to any compliance inspector any certificate or permit when demand is made therefore, shall be fined one hundred dollars ($100) for each offense Definitions. -- As used in this chapter: (1) "Agency" or "public body" shall mean means any executive, legislative, judicial, regulatory, or administrative body of the state, or any political subdivision thereof; including, but not limited to, any department, division, agency, commission, board, office, bureau, authority, any school, fire, or water district, or other agency of Rhode Island state or local government which exercises governmental functions, any authority as defined in section (b), or any other public or private agency, person, partnership, corporation, or business entity acting on behalf of and/or in place of any public agency. (2) "Chief administrative officer" means the highest authority of the public body. As defined in subsection (a) of this section. (3) "Prevailing plaintiff" means and

108 shall include those persons and entities deemed prevailing parties pursuant to 42 U.S.C. section (4)(3) "Public business" means any matter over which the public body has supervision, control, jurisdiction, or advisory power. (5)(4) (i) "Public record" or "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, magnetic or other tapes, electronic data processing records, computer stored data (including electronic mail messages, except specifically for any electronic mail messages of or to elected officials with or relating to those they represent and correspondence of or to elected officials in their official capacities) or other material regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official business by any agency. For the purposes of this chapter, the following records shall not be deemed public: 6 (A) (I) (a) All records which are identifiable to an individual applicant for benefits, client, patient, student, or employee, including, but not limited to, personnel, medical treatment, welfare, employment security, pupil records, all records relating to a client/attorney relationship and to a doctor/patient relationship, including and all personal or medical information relating to an individual in any files,; including information relating to medical or psychological facts, personal finances, welfare, employment security, student performance, or information in personnel files maintained to hire, evaluate, promote, or discipline any employee of a public body; (b) Personnel and other confidential by federal or state law or regulation, or the disclosure of which would constitute a clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. 552 et. seq.; provided, however, with respect to employees, the name, gross salary, salary range, total cost of paid fringe benefits, gross amount received in overtime, and any other remuneration in addition to salary, job title, job description, dates of employment and positions held with the state or municipality, employment contract, work location, business telephone number, the city or town of residence, and date of termination shall be public. For the purposes of this section "remuneration" shall include any payments received by an employee as a result of termination, or otherwise leaving employment, including, but not limited to, payments for accrued sick and/or vacation time, severance pay, or compensation paid pursuant to a contract buy-out provision. (II) Notwithstanding the provisions of this section, or any other provision of the general laws to the contrary, the pension records of all persons who are either current or retired members of the any public retirement systems established by the general laws as well as all persons who become members of those retirement systems after June 17, 1991 shall be open for public inspection. "Pension records" as used in this section shall include all records containing information concerning pension and retirement benefits of current and retired members of the retirement systems established in title 8, title 36, title 42, and title 45 and future members of said systems, including all records concerning retirement credits purchased and the ability of any member of the retirement system to purchase retirement credits, but excluding all information regarding the medical condition of any person and all information identifying the member's designated beneficiary or beneficiaries unless and until the member's designated beneficiary or beneficiaries have received or are receiving pension and/or retirement benefits through the retirement system. (B) Trade secrets and commercial or financial information obtained from a person, firm, or corporation which is of a privileged or confidential nature. C) Child custody and adoption records, records of illegitimate births, and records of juvenile proceedings before the family court. (D) All records maintained by law enforcement agencies for criminal law enforcement and all records relating to the detection and investigation of crime, including those maintained on any individual or compiled in the course of a criminal investigation by any law enforcement agency. Provided, however, such records shall not be deemed public only to the extent that the disclosure of the records or information (a) could reasonably be expected to interfere with investigations of criminal activity or with enforcement proceedings, (b) would deprive a person of a right to a fair trial or an impartial adjudication, (c) could

109 reasonably be expected to constitute an unwarranted invasion of personal privacy, (d) could reasonably be expected to disclose the identity of a confidential source, including a state, local, or foreign agency or authority, or any private institution which furnished information on a confidential basis, or the information furnished by a confidential source, (e) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions or (f) could reasonably be expected to endanger the life or physical safety of any individual. Records relating to management and direction of a law enforcement agency and records or reports reflecting the initial arrest of an adult and the charge or charges brought against an adult shall be public. (E) Any records which would not be available by law or rule of court to an opposing party in litigation. (F) Scientific and technological secrets and the security plans of military and law enforcement agencies, the disclosure of which would endanger the public welfare and security. (G) Any records which disclose the identity of the contributor of a bona fide and lawful charitable contribution to the public body whenever public anonymity has been requested of the public body with respect to the contribution by the contributor. (H) Reports and statements of strategy or negotiation involving labor negotiations or collective bargaining. (I) Reports and statements of strategy or negotiation with respect to the investment or borrowing of public funds, until such time as those transactions are entered into. (J) Any minutes of a meeting of a public body which are not required 1 to be disclosed pursuant to chapter 46 of title 42. (K) Preliminary drafts, notes, impressions, memoranda, working papers, and work products; provided, however, any documents submitted at a public meeting of a public body shall be deemed public. (L) Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment or promotion, or academic examinations; provided, however, that a person shall have the right to review the results of his or her examination. (M) Correspondence of or to elected officials with or relating to those they represent and correspondence of or to elected officials in their official capacities. (N) The contents of real estate appraisals, engineering, or feasibility estimates and evaluations made for or by an agency relative to the acquisition of property or to prospective public supply and construction contracts, until such time as all of the property has been acquired or all proceedings or transactions have been terminated or abandoned; provided the law of eminent domain shall not be affected by this provision. (O) All tax returns. (P) All investigatory records of public bodies, with the exception of law agencies, pertaining to possible violations of statute, rule, or regulation other than records of final actions taken provided that all records prior to formal notification of violations or noncompliance shall not be deemed to be public. Q) Records of individual test scores on professional certification and licensing examinations; provided, however, that a person shall have the right to review the results of his or her examination. R) Requests for advisory opinions until such time as the public body issues its opinion. (S) Records, reports, opinions, information, and statements required to be kept confidential by federal law or regulation or state law, or rule of court. (T) Judicial bodies are included in the definition only in respect to their administrative function provided that records kept pursuant to the provisions of chapter 16 of title 8 are exempt from the operation of this chapter. (U) Library records which by themselves or when examined with other public records, would reveal the identity of the library user requesting, checking out, or using any library materials. (V) Printouts from TELE -- TEXT devices used by people who are deaf or hard of hearing or 1 speech impaired. (W) All records received by the insurance division of the department of business regulation from other states, either directly or through the National Association of Insurance Commissioners, if those records are accorded confidential treatment in that state. Nothing contained in this title or any other provision of law shall prevent or be construed as prohibiting the commissioner of insurance from disclosing otherwise confidential information to the insurance department of this or

110 any other state or country, at any time, so long as the agency or office receiving the records agrees in writing to hold it confidential in a manner consistent with the laws of this state. (X) Credit card account numbers in the possession of state or local government are confidential and shall not be deemed public records. (Y) Any documentary material, answers to written interrogatories, or oral testimony provided under any subpoena issued under Rhode Island general law section (ii) However, any reasonably segregable portion of a public record excluded by this section shall be available for public inspections after the deletion of the information which is the basis of the exclusion, if disclosure of the segregable portion does not violate the intent of this section. (5) "Supervisor of the regulatory body" means the chief or head of a section having enforcement responsibility for a particular statute or set of rules and regulations within a regulatory agency Right to inspect and copy records -- Duty to maintain minutes of meetings -- Procedures for access. -- (a) Except as provided in section (4), all records maintained or kept on file by any public body, whether or not those records are required by any law or by any rule or regulation, shall be public records and every person or entity shall have the right to inspect and/or copy those records at such reasonable time as may be determined by the custodian thereof. (b) Any reasonably segregable portion of a public record excluded by subdivision (4) shall be available for public inspection after the deletion of the information which is the basis of the exclusion. If an entire document or record is deemed non-public, the public body shall state in writing that no portion of the document or record contains reasonable segregable information that is releasable. (b)(c) Each public body shall make, keep, and maintain written or recorded minutes of all meetings. (c)(d) Each public body shall establish written procedures regarding access to public records but shall not require written requests for public information available pursuant to R.I.G.L. section or for other documents prepared for or readily available 1 to the public. These procedures must include, but need not be limited to, the identification of a designated public records officer or unit, how to make a public records request, and where a public record request should be made, and a copy of these procedures shall be posted on the public body's website if such a website is maintained and be made otherwise readily available to the public. The unavailability of a designated public records officer shall not be deemed good cause for failure to timely comply with a request to inspect and/or copy public records pursuant to subsection (e). A written request for public records need not be made on a form established by a public body if the request is otherwise readily identifiable as a request for public records. (e) A public body receiving a request shall permit the inspection or copying within ten (10) business days after receiving a request. If the inspection or copying is not permitted within ten (10) business days, the public body shall forthwith explain in writing the need for additional time to comply with the request. Any such explanation must be particularized to the specific request made. In such cases the public body may have up to an additional twenty (20) business days to comply with the request if it can demonstrate that the voluminous nature of the request, the number of requests for records pending, or the difficulty in searching for and retrieving or copying the requested records, is such that additional time is necessary to avoid imposing an undue burden on the public body. (d) (f) If a public record is in active use or in storage and, therefore, not available at the time a person or entity requests access, the custodian shall so inform the person or entity and make an appointment for the citizen person or entity to examine such records as expeditiously as they may be made available. (e) (g) Any person or entity requesting copies of public records may elect to obtain them in any and all media in which the public agency is capable of providing them. Any public body which maintains its records in a computer storage system shall provide any data properly identified in a printout or other reasonable format, as requested. (f) (h) Nothing in this section shall be construed as requiring a public body to reorganize,

111 consolidate, or compile data not maintained by the public body in the form requested at the time the request to inspect the public records was made except to the extent that such records are in an electronic format and the public body would not be unduly burdened in providing such data. g) (i) Nothing in this section is intended to affect the public record status of information merely because it is stored in a computer. (h) (j) No public records shall be withheld based on the purpose for which the records are sought., nor shall a public body require, as a condition of fulfilling a public records request, that a person or entity provide a reason for the request or provide personally 1 identifiable information about him/herself. (k) At the election of the person or entity requesting the public records, the public body shall provide copies of the public records electronically, by facsimile, or by mail in accordance with the requesting person or entity's choice, unless complying with that preference would be unduly burdensome due to the volume of records requested or the costs that would be incurred. The person requesting delivery shall be responsible for the actual cost of delivery, if any Cost. -- (a) Subject to the provisions of section , a public body must allow copies to be made or provide copies of public records. The cost per copied page of written documents provided to the public shall not exceed fifteen cents ($.15) per page for documents copyable on common business or legal size paper. A public body may not charge more than the reasonable actual cost for providing electronic records or retrieving records from storage where the public body is assessed a retrieval fee. b) A reasonable charge may be made for the search or retrieval of documents. Hourly costs for a search and retrieval shall not exceed fifteen dollars ($15.00) per hour and no costs shall be charged for the first hour of a search or retrieval. For the purposes of this subsection, multiple requests from any person or entity to the same public body within a thirty (30) day time period shall be considered one request. (c) Copies of documents shall be provided and the search and retrieval of documents accomplished within a reasonable time after a request. A public body upon request, shall provide an estimate of the costs of a request for documents prior to providing copies. (d) Upon request, the public body shall provide a detailed itemization of the costs charged for search and retrieval. (e) A court may reduce or waive the fees for costs charged for search or retrieval if it determines that the information requested is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester Denial of access. -- (a) Any denial of the right to inspect or copy records, in whole or in part provided for under this chapter shall be made to the person or entity requesting the right by the public body official who has custody or control of the public record in writing giving the specific reasons for the denial within ten (10) business days of the request and indicating the procedures for appealing the denial. Except for good cause shown, any reason not specifically set forth in the denial shall be deemed waived by the public body. (b) Failure to comply with a request to inspect or copy the public record within the ten business day period shall be deemed to be a denial. Except that for good 1 cause, this limit may be extended for a period not to exceed thirty (30) business days. in accordance with the provisions of subsection (e) of this chapter. All copying and search and retrieval fees shall be waived if a public body fails to produce requested records in a timely manner; provided, however, that the production of records shall not be deemed untimely if the public body is awaiting receipt of payment for costs properly charged under section (c) A public body that receives a request to inspect or copy records that do not exist or are not within its custody or control shall, in responding to the request in accordance with this chapter, state that it does not have or maintain the requested records.

112 Administrative appeals. -- (a) Any person or entity denied the right to inspect a record of a public body by the custodian of the record may petition the chief administrative officer of that public body for a review of the determinations made by his or her subordinate. The chief administrative officer shall make a final determination whether or not to allow public inspection within ten (10) business days after the submission of the review petition. (b) If the custodian of the records or the chief administrative officer determines that the record is not subject to public inspection, the person or entity seeking disclosure may file a complaint with the attorney general. The attorney general shall investigate the complaint and if the attorney general shall determine that the allegations of the complaint are meritorious, he or she may institute proceedings for injunctive or declaratory relief on behalf of the complainant in the superior court of the county where the record is maintained. Nothing within this section shall prohibit any individual or entity from retaining private counsel for the purpose of instituting proceedings for injunctive or declaratory relief in the superior court of the county where the record is maintained. (c) The attorney general shall consider all complaints filed under this chapter to have also been filed pursuant to the provisions of section (a), if applicable. (d) Nothing within this section shall prohibit the attorney general from initiating a complaint on behalf of the public interest Jurisdiction of superior court. -- (a) Jurisdiction to hear and determine civil actions brought under this chapter is hereby vested in the superior court. (b) The court may examine any record which is the subject of a suit in camera to determine whether the record or any part thereof may be withheld from public inspection under the terms of this chapter. (c) Actions brought under this chapter may be advanced on the calendar upon motion of any party, or sua sponte by the court made in accordance with the rules of civil procedure of the superior court. d) The court shall impose a civil fine not exceeding one thousand dollars ($1,000) two thousand dollars ($2,000) against a public body or official found to have committed a knowing and willful violation of this chapter, and a civil fine not to exceed one thousand dollars ($1,000) against a public body found to have recklessly violated this chapter and shall award reasonable attorney fees and costs to the prevailing plaintiff. The court shall further order a public body found to have wrongfully denied access to public records to provide the records at no cost to the prevailing party; provided, further, that in the event that the court, having found in favor of the defendant, finds further that the plaintiff's case lacked a grounding in fact or in existing law or in good faith argument for the extension, modification, or reversal of existing law, the court may award attorneys fees and costs to the prevailing defendant. A judgment in the plaintiff's favor shall not be a prerequisite to obtaining an award of attorneys' fees and/or costs if the court determines that the defendant's case lacked grounding in fact or in existing law or a good faith argument for extension, modification or reversal of existing law Arrest logs. (a) Notwithstanding the provisions of subsection (e), the following information reflecting an initial arrest of an adult and charge or charges shall be made available within forty-eight (48) hours after receipt of a request unless a request is made on a weekend or holiday, in which event the information shall be made available within seventy-two (72) hours, to the extent such information is known by the public body: (1) Full name of the arrested adult; (2) Home address of the arrested adult, unless doing so would identify a crime victim; (3) Year of birth of the arrested adult; (4) Charge or charges; (5) Date of the arrest; (6) Time of the arrest; (7) Gender of the arrested adult; (8) Race of the arrested adult; and (9) Name of the arresting officer unless doing so would identify an undercover officer. (b) The provisions of this section shall apply to arrests made within five (5) days prior to the request.

113 Compliance by agencies and public bodies. Not later than January 1, 2013, and annually thereafter, the chief administrator of each agency and each public body shall state in writing to the attorney general that all officers and employees who have the authority 1 to grant or deny persons or entities access to records under this chapter have been provided orientation and training regarding this chapter. The attorney general may, in accordance with the provisions of chapter 35 of title 42, promulgate rules and regulations necessary to implement the requirements of this section Commercial use of public records. -- No person or business entity shall use information obtained from public records pursuant to this chapter to solicit for commercial purposes or to obtain a commercial advantage over the party furnishing that information to the public body. Anyone who knowingly and willfully violates the provision of this section shall, in addition to any civil liability, be punished by a fine of not more than five hundred dollars ($500) and/or imprisonment for no longer than one year. SECTION 4. This act shall take effect on September 1, Right to inspect and copy records Duty to maintain minutes of meetings Procedures for access. (a) Except as provided in section (5)(6), all records maintained or kept on file by any public body, whether or not those records are required by any law or by any rule or regulation, shall be public records and every person or entity shall have the right to inspect and/or copy those records at such reasonable time as may be determined by the custodian thereof. (b) Each public body shall make, keep, and maintain written or recorded minutes of all meetings. (c) Each public body shall establish written procedures regarding access to public records but shall not require written requests for public information available pursuant to R.I.G.L. section or for other documents prepared for or readily available to the public. These written procedures must include, but need not be limited to, the identification of a designated public records officer or unit, how to make a public record request, and where a public record request should be made, and a copy of these procedures shall be posted on the public body's website if such a website is maintained and be made otherwise readily available to the public. The unavailability of a designated public records officer shall not be deemed good cause for failure to timely comply with a request to inspect and/or copy public records. A written request for public records need not be made on a form established by a public body provided the request is otherwise readily identifiable as a request 1 for public records. (d) If a public record is in active use or in storage and, therefore, not available at the time a person requests access, the custodian shall so inform the person and make an appointment for the citizen to examine such records as expeditiously as they may be made available. (e) Any person or entity requesting copies of public records may elect to obtain them in any and all media in which the public agency is capable of providing them. Any public body which maintains its records in a computer storage system shall provide any data properly identified in a printout or other reasonable format, as requested. (f) Nothing in this section shall be construed as requiring a public body to reorganize, consolidate, or compile data not maintained by the public body in the form requested at the time the request to inspect the public records was made except to the extent that such records are in an electronic format and the public body would not be unduly burdened in providing such data. g) Nothing in this section is intended to affect the public record status of information merely because it is stored in a computer. (h) No public records shall be withheld based on the purpose for which the records are sought, nor shall a public body require, as a condition of fulfilling a public records request, that a person or entity provide a reason for the request or provide personally identifiable information about him/herself. (i) At the election of the person or entity requesting the public records, the public body shall provide copies of the public records electronically, by facsimile, or by mail in accordance with the requesting person or entity s choice,

114 unless complying with that preference would be unduly burdensome due to the volume of records requested. The person requesting delivery shall be responsible for the actual cost of delivery, if any Cost. (a) Subject to the provisions of section , a public body must allow copies to be made or provide copies of public records. The cost per copied page of written documents provided to the public shall not exceed fifteen cents ($.15) per page for documents copyable on common business or legal size paper. A public body may not charge more than the reasonable actual cost for providing electronic records or retrieving records from storage where the public body is assessed a retrieval fee. (b) A reasonable charge may be made for the search or retrieval of documents. Hourly costs for a search and retrieval shall not exceed fifteen dollars ($15.00) per hour and no costs shall be charged for the first hour of a search or retrieval. For purposes of this subsection any person or entity submitting multiple requests to the same public body within a thirty (30) day time period shall be counted as one request. (c) Copies of documents shall be provided and the search and retrieval 1 of documents accomplished within a reasonable time after a request. A public body upon request shall provide an estimate of the costs of a request for documents prior to providing copies. (d) Upon request, the public body shall provide a detailed itemization of the costs charged for search and retrieval. (e) A court may reduce or waive the fees for costs charged for search or retrieval if it determines that the information requested is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester Denial of access. (a) Any denial of the right to inspect or copy records, in whole or in part, provided for under this chapter shall be made to the person or entity requesting the right by the public body official who has custody or control of the public record in writing giving the specific reasons for the denial within ten (10) business days of the request and indicating the procedures for appealing the denial. Except for good cause shown, any reason not specifically set forth in the denial shall be deemed waived by the public body. (b) Failure to comply with a request to inspect or copy the public record within the ten (10) business day period shall be deemed to be a denial. Except that for good cause, this limit may be extended for a period not to exceed thirty (30) business days. If the volume of a request is such that search and retrieval is reasonably expected to exceed thirty (30) business days, a public body may apply to a justice of the superior court to further extend the time to comply. All copying and search and retrieval fees shall be waived if a public body fails to produce requested records in a timely manner; provided, however, that the production of records shall not be deemed untimely if the public body is awaiting receipt of payment for costs properly charged under section (c) A public body that receives a request to inspect or copy records that do not exist or are not within its custody or control shall, in responding to the request in accordance with this chapter, certify that a reasonable search has been conducted for the requested records and that it does not have or maintain the requested records Administrative appeals. (a) Any person or entity denied the right to inspect a record of a public body by the custodian of the record may petition the chief administrative officer of that public body for a review of the determinations made by his or her subordinate. The chief administrative officer shall make a final determination whether or not to allow public inspection within ten (10) business days after the submission of the review petition. (b) If the custodian of the records or the chief administrative officer determines that the record is not subject to public inspection, the person or entity seeking disclosure 1 may file a complaint with the attorney general. The attorney general shall investigate the complaint and if the

115 attorney general shall determine that the allegations of the complaint are meritorious, he or she may institute proceedings for injunctive or declaratory relief on behalf of the complainant in the superior court of the county where the record is maintained. Nothing within this section shall prohibit any individual or entity from retaining private counsel for the purpose of instituting proceedings for injunctive or declaratory relief in the superior court of the county where the record is maintained. (c) The attorney general shall consider all complaints filed under this chapter to have also been filed pursuant to the provisions of section (a), if applicable. (d) Nothing within this section shall prohibit the attorney general from initiating a complaint on behalf of the public interest Jurisdiction of superior court. (a) Jurisdiction to hear and determine civil actions brought under this chapter is hereby vested in the superior court. (b) The court may examine any record which is the subject of a suit in camera to determine whether the record or any part thereof may be withheld from public inspection under the terms of this chapter. (c) Actions brought under this chapter may be advanced on the calendar upon motion of. any party, or sua sponte by the court made in accordance with the rules of civil procedure of the superior court. (d) The court shall impose a civil fine not exceeding one thousand dollars ($1,000) five thousand dollars ($5,000) against a public body or official found to have committed a knowing and willful violation of this chapter, and a civil fine not to exceed two thousand dollars ($2,000) against a public body found to have recklessly violated this chapter and shall award reasonable attorney fees and costs to the prevailing plaintiff. The court shall further order a public body found to have wrongfully denied access to public records to provide the records at no cost to the prevailing party; provided, further, that in the event that the court, having found in favor of the defendant, finds further that the plaintiff's case lacked a grounding in fact or in existing law or in good faith argument for the extension, modification, or reversal of existing law, the court may award attorneys fees and costs to the prevailing defendant Compliance by agencies and public bodies. Not later than January 1, 2013, 34 and annually thereafter, the chief administrator of each agency and each public body shall certify to the attorney general that all officers and employees who have the authority 1 to grant or deny persons or entities access to records under this chapter have been provided orientation and training regarding this chapter. The attorney general may, in accordance with the provisions of chapter 35 of title 42, promulgate rules and regulations necessary to implement the requirements of this section Commercial use of public records. -- No person or business entity shall use 9 information obtained from public records pursuant to this chapter to solicit for commercial purposes or to obtain a commercial advantage over the party furnishing that information to the public body. Anyone who knowingly and willfully violates the provision of this section shall, in addition to any civil liability, be punished by a fine of not more than five hundred dollars ($500) and/or imprisonment for no longer than one year. SECTION 4. This act shall take effect on September 1, South Carolina CHILD LABOR; Inspection of factories and records for enforcement purposes. The Commissioner and the inspectors and agents of the Department may enter and inspect at any time any place or establishment where minors are employed and may have access to all such records as may aid in the enforcement of this chapter STATE HUMAN AFFAIRS COMMISSION; Medical examinations and inquiries. (A) The prohibition against unlawful employment practices set forth in Section (a) through (d) includes the prohibition against conducting medical examinations and inquiries except as provided for in this section. (B) Except as provided in subsection (C), a covered entity must not conduct a medical examination

116 or make inquiries of a job applicant as to whether the applicant is an individual with a disability or as to the nature or severity of the disability. A covered entity may make pre-employment inquiries into the ability of an applicant to perform job-related functions. (C) A covered entity may require a medical examination after an offer of employment has been made to a job applicant and before the commencement of the employment duties of the applicant, and may condition an offer of employment on the results of the examination, if: (C) A covered entity may require a medical examination after an offer of employment has been made to a job applicant and before the commencement of the employment duties of the applicant, and may condition an offer of employment on the results of the examination, if: (1) all entering employees are subjected to the examination regardless of disability; (2) information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that: (a) supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations; (b) first aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment; (c) government officials investigating compliance with this chapter must be provided relevant information on request; and (3) the results of the examination are used only in accordance with this chapter. (D) For purposes of this chapter, drug and alcohol exams, tests, or screens may not be considered a medical examination. (E)(1) A covered entity may not require a medical examination and may not make inquiries of an employee as to whether the employee is an individual with a disability or as to the nature or severity of the disability, unless the examination or inquiry is shown to be job-related and consistent with business necessity. (2) A covered entity may conduct voluntary medical examinations including voluntary medical histories which are part of an employee health program available to employees at that work site. A covered entity may make inquiries into the ability of an employee to perform job-related functions. (3) Information obtained under subsection (E)(2) regarding the medical condition or history of an employee is subject to the requirements of subsection (C)(2) and (3). (F)(1) It may be a defense to a charge of discrimination under this chapter that an alleged application of qualification standards, tests, or selection criteria that screens out or tends to screen out or otherwise denies a job or benefit to an individual with a disability has been shown to be job related and consistent with business necessity, and the performance cannot be accomplished by reasonable accommodation, as required under this title. (2) The term "qualification standards" may include a requirement that an individual may not pose a direct threat to the safety of that individual or of other individuals in the workplace. (3) This chapter may not prohibit a religious corporation, association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on of its activities by the corporation, association, educational institution, or society. Under this chapter, a religious organization may require that all applicants and employees conform to the religious tenets of the organization. (4) If an individual has an infectious or communicable disease that is transmitted to others through the handling of food, that is included on the list developed by the Secretary of Health and Human Services pursuant to the requirements of the Americans with Disabilities Act of 1990, Public Law , and which cannot be eliminated by reasonable accommodation, a covered entity may refuse to assign or continue to assign the individual to a job involving food handling. Nothing in this chapter may be construed to preempt, modify, or amend a state, county, or local law, ordinance, or regulation applicable to food handling which is designed to protect the public health from individuals who pose a significant risk to the health or safety of others and which

117 cannot be eliminated by reasonable accommodation, pursuant to the list of infectious or communicable diseases and the modes of transmissibility published by the Secretary of Health and Human Services South Carolina Human Affairs Commission; Employment Records to be Retained for Six Months. Each State Agency, department and local subdivision thereof shall preserve and retain any personnel or employment record made or kept by them, including but not necessarily limited to application forms submitted by applicants and other records having to do with hiring, promotion, demotion, transfer, layoff or termination, rates of pay or other terms of compensation, and selection for training or apprenticeship, for a period of six (6) months from the date of the making of the record or the personnel action involved, whichever occurs later. In the case of involuntary termination of an employee, the personnel records of the individual terminated shall be kept for a period of six (6) months from the date of termination. However, in no event is the six-month record keeping requirement to be construed or interpreted as permitting the destruction of personnel records, after the expiration of the six-month period, whenever a charge of discrimination has been filed and currently pending against a State Agency, department or local subdivision thereof Human Affairs Commission Preservation of Records in Event of Charge of; Discrimination. When a charge of discrimination has been filed or an action brought by the Commission, the respondent State Agency, department or local subdivision, shall preserve all personnel records relevant to the charge or action until final disposition of the charge or the action. South Dakota Tennessee Equal Pay: Wages--Each employer of more than twenty-five persons shall make, keep, and maintain the records of the wage and wage rates, job classifications, and other terms and conditions of employment of each person employed, and shall preserve the records for a reasonable period of time Child Labor. Every employer shall keep a list of all persons employed under the provisions of and shall keep the required certificates and permits filed therewith and open to inspection at all times by any person interested or any public official. Violation of this section is a Class 2 misdemeanor. 3-6A-31. Human Affairs Commission. The personnel commissioner shall establish and maintain appropriate records on all career service employees relating to the several provisions of this chapter. The Career Service Commission may adopt rules pursuant to chapter 1-26 to regulate the records maintained by the Bureau of Personnel. Any records required or maintained by the Bureau of Personnel, including performance appraisals, that pertain to an employee must be available and open to inspection by the employee during normal business hours CHILD LABOR; Duties of employers of minors. Employers of minors subject to regulation under this part shall: (1) Make, keep and preserve a separate and independent file record for each minor employed, which shall be kept at the location of the minor's employment and shall include: (A) An employment application; (B) A copy of the minor's birth certificate or other evidence of the minor's age as provided in ; (C) An accurate time record showing the hours of the minor's beginning and ending of work each day if the minor is one subject to the provisions of or ; and (D) Any records required under (8)-(13); (2) Allow the department to inspect, during regular working hours, any and all premises where minors are or could be employed and the contents of the individual file records specified in subdivision (1); (3) Post and maintain in a conspicuous place on the business premises a printed notice, furnished by the department, stating the regulations

118 governing the employment and hours of work of minors and employment prohibited to minors under this part; and (4) Furnish to the department records relative to the employment of minors. Texas HUMAN RIGHTS VIOLATIONS PROCEDURES-- Access to records. (a) In connection with an investigation of a complaint filed under this chapter, the commission or its designated representative at any reasonable time may request access to premises, records and documents relevant to the complaint and the right to examine a photograph and copy evidence. (b) Every person subject to this chapter shall: (1) Make and keep records relevant to the determination of whether discriminatory practices have been or are being committed; (2) Preserve such records for such periods; and (3) Make such reports therefrom, as the commission shall prescribe by regulation or order, as reasonably necessary, or appropriate for the enforcement of this chapter or the regulation or orders thereunder. (c) So as to avoid undue burdens on persons subject to this chapter, records and reports required by the commission under this section shall conform as near as may be to similar records and reports required by federal law and the laws of other states and to customary recordkeeping practice. (d) If a person fails to permit access, examination, photographing or copying or fails to make, keep or preserve records or make reports in accordance with this section, the chancery court in Davidson county or the chancery court or circuit court for the county in which such person is found, resides, or has such person's principal place of business, upon application of the commission, may issue an order requiring compliance. (e) The commission, by regulation, shall require each person subject to this chapter who controls an apprenticeship or other training program to keep all records reasonably necessary to carry out the purpose of the chapter, including, but not limited to, a list of applicants who wish to participate in such program, including the chronological order in which applications were received, and shall furnish to the commission upon request, a detailed description of the manner in which persons are selected to participate in the apprenticeship or other training programs. (f) A person who believes that the application to it of a regulation or order issued under this section would result in undue hardship may apply to the commission for an exemption from the application of the regulation or order. If the commission finds the application of the regulation or order to the person in question would impose an undue hardship, the commission may grant appropriate relief. Sec State employees military leaves, Executive & Judicial branches; Recordkeeping requirements. The administrative head or governing body of each state agency shall require for each employee: (1) time and attendance records; * * *;(3) a record of the reason an employee takes leave if other law requires the employee to inform the agency of the reason; and (4) a record that shows whether any leave taken is accounted for as sick leave, vacation leave, other paid leave, leave without pay, or other absence Employment Practices: Family Medical Leave; Recordkeeping requirements; Reports. A person under investigation in connection with a charge filed under this chapter and who is subject to this chapter shall: (1) make and keep records relevant to the determination of whether unlawful employment practices have been or are being committed; (2) preserve the records for the period required by commission rule or court order; and (3) make reports from the records as prescribed by commission rule or court order as reasonable, necessary, or appropriate for the enforcement of this chapter or a rule or order issued under this chapter.

119 Utah Employment Practices: Training program records. The commission by rule shall require that a person subject to this chapter who controls an apprenticeship, onthe-job training, or other training or retraining program: (1) keep all records reasonably necessary to carry out the purposes of this chapter, including a list of applicants for participation in the program and a record of the chronological order in which applications for the program were received; and (2) furnish to the commission on request a detailed description of the manner in which individuals are selected to participate in the program It is the purpose of this act to provide public employees in the state with the right to examine and make copies of documents in their own personnel files. Upon receipt of a written request from an employee to examine such employee's personnel file, the employer shall produce the file for inspection and copying MINIMUM WAGE; Recordkeeping. Employers shall keep payroll records of employees covered by this chapter showing names, addresses, and dates of birth. Such records shall also show hours worked and wages paid to all covered employees. Records shall be maintained for three years. Sec. R Employment Practices: Reports and records; Procedures and prohibitions. A. Employers subject to the jurisdiction of the U.S. Equal Employment Opportunity Commission shall not be required to furnish information to the Division which is a duplication of that filed on Standard Form 100, Employer Information EEO-1 Report. The Division reserves the right to require reports about the employment practices of individual employers, or groups of employers, whenever such information has not been furnished to the Equal Employment Opportunity Commission. B. The provision respecting confidentiality of information contained in Section 709(e) of the U.S. Civil Rights Act of 1964 shall be observed by all Commissioners and staff of the Commission. C. Any personnel or employment record made or kept by an employer (including but not necessarily limited to application forms submitted by applicants and other records having to do with hiring, promotion, demotion, transfer, layoff or termination, rates of pay or other terms of compensation, and selection for training or apprenticeship) shall be preserved by the employer for a period of six months from the date of the making of the record and the personnel action involved, whichever occurs later. In case of involuntary termination of an employee, the personnel records of the individual terminated shall be kept for a period of six months from the date of termination. Where a complaint of discrimination has been filed, the respondent employer shall preserve all personnel records relevant to the complaint and to the charging party until final disposition of the complaint. The term "personnel records relevant to the complaint", for example, would include personnel or employment records relating to the charging party and to all other employees holding positions similar to that held or sought by the charging party and application forms or test papers completed by an unsuccessful applicant or by all other candidates for the same position as that for which the charging party applied and was rejected. The date of "final disposition of the complaint" means the date of the final agency action or the end of the appeals process. D. If a person fails to make, keep, or preserve records or make reports in accordance with the Act and rules, the district court for the county in which such person is found, resides, or has his principal place of business, upon application of the Commission, may issue an order requiring compliance. Sec. R Employment Practices: Family Medical Leave; Complaints; Maintenance of records. (1) A separate confidential file of all workforce harassment complaints shall be maintained and stored in the agency human resource office, or in the possession of an authorized official. (a) Removal or disposal of these files shall only be done with the approval of the agency head or Executive Director, DHRM. (b)

120 Vermont Files shall be retained in accordance with the retention schedule after the active case ends. (c) All information contained in the complaint file shall be classified as protected under Section 63G (d) Information contained in the workforce harassment file shall only be released by the agency head or Executive Director, DHRM, when required by law. (2) Supervisors may not keep separate files related to complaints of workplace harassment. (3) Participants in any workforce harassment proceeding shall treat all information pertaining to the case as confidential. 317 all information in a personnel files of an individual employee of any public agency shall be made available to that individual employee or his designated representative Wages-Hours; Employers' records. Every employer, subject to the provisions of this subchapter or of any regulation or order issued thereunder, shall keep a true and accurate record of the hours worked by each employee and of the wages paid to him and shall furnish to the commissioner upon demand a sworn statement of the same. Such records shall be open to inspection by the commissioner, his deputy or any authorized agent of the department at any reasonable time. Every employer subject to the provisions of this subchapter or of any regulation or order issued under the provisions thereof shall keep a copy of them posted in a conspicuous place in the area where employees are employed. The commissioner shall furnish copies of such orders and regulations to employers without charge PERSONS WITH DISABILITIES. PROTECTION AND ADVOCACY SERVICES. Confidentiality of information. A. All documentary and other evidence received or maintained by the Office or its agents in connection with specific complaints or investigations shall be confidential and not subject to the provisions concerning disclosure of public records under the Virginia Freedom of Information Act ( et seq.). However, access to one's own records shall not be denied unless otherwise prohibited by state or federal law. Records concerning closed cases shall be subject to the disclosure requirements of the Virginia Freedom of Information Act, but in a manner that does not identify any complainant or any person with mental illness, mental retardation, developmental disabilities or other disability, unless (i) such complainant or person or his legal representative consents in writing to such identification or (ii) such identification is required by court order. B. Communications between employees and agents of the Office and its clients or prospective clients concerning specific complaints, investigations or cases shall be confidential. C. Notwithstanding the provisions of this section, the Office shall be permitted to: 1. Issue a public report of the results of an investigation of a founded complaint that does not release the identity of any complainant or any person with mental illness, mental retardation, developmental disabilities or other disability, unless (a) such complainant or person or his legal representative consents in writing to such disclosure or (b) such disclosure is required by court order; and 2. Report the results of an investigation to responsible investigative or enforcement agencies should an investigation reveal information concerning any hospital, facility or other entity, its staff or employees, warranting possible sanctions or corrective action. This information may be reported to agencies responsible for licensing or accreditation, employee discipline, employee licensing or certification or criminal prosecution.

121 Virginia Personnel records access shall not be denied to the person who is the subject thereof. Any person who is the subject of any personnel record and who is 18 years of age or older may waive, in writing, the protections afforded by this subdivision. If the protections are so waived, the public body shall open such records for inspection and copying CHILD LABOR. Records to be kept by employers. Every employer employing minors under sixteen years of age shall keep a time book or time cards or other appropriate records for such minor employees which shall show the beginning and ending time of work each day together with the amount of time designated as a free-from-duty meal period, which is deductible from the schedule of hours of work. The record for the preceding twelve months for each such minor employee shall be kept on the premises for a period of thirty-six months from the date of the latest work period recorded for the minor employee involved Washington REGULATION GOVERNING THE EMPLOYMENT OF MINORS ON FARMS, IN GARDENS AND IN ORCHARDS; Record keeping requirements. Every employer (other than parents or guardians standing in the place of parents employing their own child or a child in their custody) who employs in agriculture any minor under 16 years of age on days when school is in session or on any day if the minor is employed in a hazardous occupation shall maintain and preserve records containing the following data with respect to each and every such minor so employed: 1. Name in full, 2. Place where minor lives while employed. If the minor's permanent address is elsewhere, give both addresses. 3. Date of birth Every employer shall, at least annually, upon the request of an employee, permit that employee to inspect any or all of his or her own personnel file(s) INDUSTRIAL WELFARE; Each employer shall make such file(s) available... (1) Each employer shall make such file(s) available locally within a reasonable period of time after the employee requests the file(s). (2) An employee annually may petition that the employer review all information in the employee's personnel file(s) that are regularly maintained by the employer as a part of his business records or are subject to reference for information given to persons outside of the company. The employer shall determine if there is any irrelevant or erroneous information in the file(s), and shall remove all such information from the file(s). If an employee does not agree with the employer's determination, the employee may at his or her request have placed in the employee's personnel file a statement containing the employee's rebuttal or correction. Nothing in this subsection prevents the employer from removing information more frequently. (3) A former employee shall retain the right of rebuttal or correction for a period not to exceed two years INDUSTRIAL WELFARE; Every employer shall keep a record of the names of all...every employer shall keep a record of the names of all employees employed by him or her, and shall on request permit the director to inspect such record PERSONNEL FILES; An employer must maintain an official file of each employee showing a...an employer must maintain an official file of each employee showing a record of employment and such other information as may be required for business and legal purposes. The employer has the burden of demonstrating the legal or business need for the record PERSONNEL FILES; Each employer must develop and publish a policy pertaining to the...each employer must develop and publish a policy

122 pertaining to the retention and confidentiality of personnel records in accordance with chapter WAC and all relevant state and federal laws. The employer's policy must include the requirement that personnel and payroll records are open to the inspection of the board, state auditor, the director or director's designee, and prospective employers PERSONNEL FILES; (1) Information must be kept in the employee's personnel file as long as...(1) Information must be kept in the employee's personnel file as long as it has a reasonable bearing on: (a) The employee's job performance; or (b) The employer's efficient and effective management of the agency, institution, or related higher education board. (2) Adverse material proven to be inaccurate or false, or information related to employee misconduct or alleged misconduct which is determined to be false, and all such information in situations where the employee has been fully exonerated of wrong doing must be promptly destroyed unless: (a) The employee requests that the information be kept; or (b) The information is related to pending legal action or legal action(s) may reasonably be expected to result MINIMUM WAGE ACT; Every employer subject to any provision of this chapter or... Every employer subject to any provision of this chapter or of any regulation issued under this chapter shall make, and keep in or about the premises wherein any employee is employed, a record of the name, address, and occupation of each of his or her employees, the rate of pay, and the amount paid each pay period to each such employee, the hours worked each day and each work week by such employee, and such other information as the director shall prescribe by regulation as necessary or appropriate for the enforcement of the provisions of this chapter or of the regulations thereunder. Such records shall be open for inspection or transcription by the director or his or her authorized representative at any reasonable time. Every such employer shall furnish to the director or to his or her authorized representative on demand a sworn statement of such records and information upon forms prescribed or approved by the director STANDARDS OF LABOR FOR THE PROTECTION OF THE SAFETY, HEALTH AND WELFARE OF EMPLOYEES FOR ALL OCCUPATIONS SUBJECT TO CHAPTER RCW (1) Every employer shall keep for at least three years a record of the name, address, and occupation of each employee, dates of employment, rate or rates of pay, amount paid each pay period to each such employee and the hours worked. (2) Every employer shall make the record described in subsection (1) available to the employee, upon request, at any reasonable time. (3) Every employer shall, within ten business days of receiving a written request by a former employee, furnish a signed written statement stating the reasons for and effective date of discharge. WAC NONAGRICULTURAL; EMPLOYMENT OF MINORS RECORDKEEPING; (1) You must create and maintain a file for each minor. (2) The file must be maintained for three years from the last date of the minor's employment. (3) The file must contain the following: (a) A copy of the completed parent/school authorization form with any attachments; and (b) Copies of any variances you obtained according the requirements of this chapter. (4) These records must be kept safe and accessible at the place of employment or at a central recordkeeping office where such records are customarily maintained Paid Sick Leave. Employer Records A. Employers shall retain records documenting hours worked by employees and paid sick time taken by employees, for a period of two years, and shall allow the Agency access to such records, with appropriate notice and at a mutually agreeable time, to investigate potential violations

123 and to monitor compliance with the requirements of this chapter. B. Employers shall not be required to modify their recordkeeping policies to comply with this section, as long as records reasonably indicate employee hours worked in Seattle, accrued paid sick and safe time, and paid sick and safe time taken. When an issue arises as to the amount of accrued paid sick time and/or paid safe time available to an employee under this chapter, if the employer does not maintain or retain adequate records documenting hours worked by the employee and paid sick and safe time taken by the employee, or does not allow the Agency reasonable access to such records, it shall be presumed that the employer has violated this chapter. C. Records and documents relating to medical certifications, re-certifications or medical histories of employees or employees family members, created for purposes of this chapter, are required to be maintained as confidential medical records in separate files/records from the usual personnel files. If the Americans with Disabilities Act (ADA) applies, then these records must comply with the ADA confidentiality requirements. West Virginia 21-5C-5.MINIMUM WAGE AND MAXIMUM HOURS STANDARDS.; Keeping of records. Every employer subject to the provisions of this article shall make or cause to be made, and shall keep and preserve at his place of business for a period of two years, a written record or records of the name and address of each of his employees as herein defined, his rate of pay, hours of employment, payroll deductions, and amount paid him for each pay period HUMAN RIGHTS COMMISSION. Unlawful discriminatory practices. It shall be an unlawful discriminatory practice, unless based upon a bona fide occupational qualification, or except where based upon applicable security regulations established by the United States or the state of West Virginia or its agencies or political subdivisions: (1) For any employer to discriminate against an individual with respect to compensation, hire, tenure, terms, conditions or privileges of employment if the individual is able and competent to perform the services required even if such individual is blind or disabled: Provided, That it shall not be an unlawful discriminatory practice for an employer to observe the provisions of any bona fide pension, retirement, group or employee insurance or welfare benefit plan or system not adopted as a subterfuge to evade the provisions of this subdivision; (2) For any employer, employment agency or labor organization, prior to the employment or admission to membership, to: (A) Elicit any information or make or keep a record of or use any form of application or application blank containing questions or entries concerning the race, religion, color, national origin, ancestry, sex or age of any applicant for employment or membership; (B) print or publish or cause to be printed or published any notice or advertisement relating to employment or membership indicating any preference, limitation, specifications or discrimination based upon race, religion, color, national origin, ancestry, sex, disability or age; or (C) deny or limit, through a quota system, employment or membership because of race, religion, color, national origin, ancestry, sex, age, blindness or disability; (3) For any labor organization because of race, religion, color, national origin, ancestry, sex, age, blindness or disability of any individual to deny full and equal membership rights to any individual or otherwise to discriminate against such individual with respect to hire, tenure, terms, conditions or privileges of employment or any other matter, directly or indirectly, related to employment; (4) For an employer, labor organization, employment agency or any joint labor-management committee controlling apprentice training programs to: (A) Select individuals for an apprentice training program registered with the state of West Virginia on any basis other than their qualifications as determined by objective criteria which permit review; (B) Discriminate against any individual with respect to his or her right to be admitted to or participate in a guidance program, an apprenticeship training

124 program, on-the-job training program or other occupational training or retraining program; (C) Discriminate against any individual in his or her pursuit of such programs or to discriminate against such a person in the terms, conditions or privileges of such programs; (D) Print or circulate or cause to be printed or circulated any statement, advertisement or publication, or to use any form of application for these programs or to make any inquiry in connection with a program which expresses, directly or indirectly, discrimination or any intent to discriminate unless based upon a bona fide occupational qualification; (5) For any employment agency to fail or refuse to classify properly, refer for employment or otherwise to discriminate against any individual because of his or her race, religion, color, national origin, ancestry, sex, age, blindness or disability; (6) For any person being the owner, lessee, proprietor, manager, superintendent, agent or employee of any place of public accommodations to: (A) Refuse, withhold from or deny to any individual because of his or her (A) Refuse, withhold from or deny to any individual because of his or her race, religion, color, national origin, ancestry, sex, age, blindness or disability, either directly or indirectly, any of the accommodations, advantages, facilities, privileges or services of the place of public accommodations; (B) Publish, circulate, issue, display, post or mail, either directly or indirectly, any written or printed communication, notice or advertisement to the effect that any of the accommodations, advantages, facilities, privileges or services of any such place shall be refused, withheld from or denied to any individual on account of race, religion, color, national origin, ancestry, sex, age, blindness or disability, or that the patronage or custom thereat of any individual, belonging to or purporting to be of any particular race, religion, color, national origin, ancestry, sex or age, or who is blind or disabled, is unwelcome, objectionable, not acceptable, undesired or not solicited; or (7) For any person, employer, employment agency, labor organization, owner, real estate broker, real estate salesman or financial institution to: (A) Engage in any form of threats or reprisal, or to engage in, or hire, or conspire with others to commit acts or activities of any nature, the purpose of which is to harass, degrade, embarrass or cause physical harm or economic loss or to aid, abet, incite, compel or coerce any person to engage in any of the unlawful discriminatory practices defined in this section; (B) Willfully obstruct or prevent any person from complying with the provisions of this article, or to resist, prevent, impede or interfere with the commission or any of its members or representatives in the performance of a duty under this article; or (C) Engage in any form of reprisal or otherwise discriminate against any person because he or she has opposed any practices or acts forbidden under this article or because he or she has filed a complaint, testified or assisted in any proceeding under this article RULES OF PRACTICE AND PROCEDURE BEFORE THE WEST VIRGINIA HUMAN RIGHTS COMMISSION; Complaint: Content, Filing Time, Amendment, Withdrawal and Dismissal; Preservation of Records Any individual claiming to be aggrieved by an alleged unlawful discriminatory practice may make, sign and file with the Commission a written, verified complaint Any employer whose employees, or some of them, hinder or threaten to hinder compliance with the provisions of the Act may make, sign and file with the Commission a written, verified complaint requesting assistance by conciliation or other remedial action The Commission or the Attorney General may make, sign and file a complaint whenever either has reason to believe that any person has engaged, or is engaging, or proposes to engage in an unlawful discriminatory practice Any organization which has an individual member claiming to be aggrieved by an alleged unlawful discriminatory practice may make, sign and file with the Commission a written, verified complaint A complaint deferred/referred to the Commission by the United States Equal Employment Opportunity Commission pursuant to the Civil Rights Act of 1964 or the Age Discrimination in Employment Act or by the United

125 States Department of Housing and Urban Development pursuant to the Civil Rights Act of 1968 shall be deemed filed with the Commission as of the date such complaint was received by the Equal Employment Opportunity Commission or the Department of Housing and Urban Development Assistance in drafting and filing complaints shall be available to complainants through the Commission and its staff The complaint shall be in writing, the original being signed and verified before a notary public or other person duly authorized to administer oaths and take acknowledgements. The complaint shall be filed with the Commission and where feasible, shall be upon forms prepared by the Commission, blanks of which shall be supplied by the Commission upon request. Notarial service shall be furnished without charge by the Commission Each complaint shall contain the following to the best information of the complainant: 3.8.a. The name and address of the complainant. 3.8.b. The name and address of the respondent. 3.8.c. A concise statement setting forth the facts deemed to constitute the alleged discrimination. 3.8.d. The date or dates of the alleged unlawful discriminatory practice, or if the alleged unlawful discriminatory practice is of a continuous nature, the date on which the unlawful practice began and the last day on which it occurred. 3.8.e. The verified signature of the complainant Manner of filing a complaint: 3.9.a. A complaint may be filed at any Commission office either by personal delivery or by mail. 3.9.b. The complaint shall be deemed filed as of the date it is received at any Commission office. 3.9.c. When a complaint is received at a Commission office, the person accepting the complaint shall stamp the complaint with the date it was so received. Docketing of all complaints shall be completed promptly. 3.9.d. Timeliness of complaint: 3.9.d.1. A complaint shall be filed within three hundred and sixty-five (365) days after the occurrence of the alleged unlawful discriminatory practice or act. 3.9.d.2. If the alleged unlawful discriminatory practice or act is of a continuing nature, the date of the occurrence of the said alleged unlawful practice shall be deemed to be any date subsequent to the commencement of the alleged unlawful practice up to and including the date upon which the unlawful practice has ceased. 3.9.d.3. Where the Commission is informed by an individual, who is claiming to be aggrieved and who has given sufficient information as set forth below prior to the expiration of the three hundred and sixty-five-day (365) limitation period, the Commission may institute a memorandum of complaint. Such memorandum of complaint shall contain the essential elements of a complaint as required by these regulations, excepting signature and verification by the complainant, and shall be signed, dated and verified before a notary public or other person duly authorized to administer oaths and take acknowledgements by the person drafting such memorandum of complaint. A complaint received by the Commission subsequent to and based upon said memorandum of complaint shall be deemed filed as of the date that the said memorandum of complaint has been signed and verified. 3.9.d.4. Any complaint alleging acts which are unlawful under the West Virginia Human Rights Act which is filed with federal agencies having deferral/referral arrangements with the Commission, shall be deemed filed with the Commission on the same day as the complaint was received by such federal agency. 3.9.d.5. In computing any period of time prescribed or allowed by these rules or by any applicable statute, the date of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday or a legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation period Amending the complaint: 3.10.a. The Commission or the complainant may amend a complaint or any part thereof to cure technical defects or omissions, including but not limited to, failure to verify the complaint, or to clarify and amplify allegations made therein, when such amendments relate back to the original filing date: provided, however, an amendment alleging additional acts constituting unlawful discriminatory

126 practices which are not related to or growing out of the subject matter of the original complaint will be permitted only when, as of the date of the amendment, the allegations could have been timely filed as a separate charge b. A complaint may be amended any time prior to a finding of probable cause, and thereafter for good cause shown at the discretion of the administrative law judge Upon the filing of a complaint or amended complaint, the Commission shall promptly serve the respondent with a copy thereof together with a notice setting forth the requirements of Rule Withdrawal of a complaint: 3.12.a. Upon written notice to the Commission, or administrative law judge if the case has been noticed for public hearing. a complainant may withdraw the complaint. A complainant may withdraw a complaint at any time b. Upon such withdrawal of complaint, the Commission, by its executive director or chairperson, may initiate its own complaint based on the allegations of the withdrawn complaint. The filing date of such Commission-initiated complaint shall relate back to the original filing date of the withdrawn complaint Dismissal of complaint: 3.13.a. Whenever it appears upon investigation of a complaint that the Commission lacks jurisdiction over the parties or the subject matter of the complaint, the Commission shall dismiss the complaint without further action, except such as is provided by Rule b. The Commission may, upon its own initiative, dismiss a complaint for the following reasons: 3.13.b.1. A showing of discharge in bankruptcy of the respondent or that the complainant no longer has a right to file as a creditor or that such filing would be unproductive b.2. Failure to locate the complainant; provided, that reasonable effort has been made by the Commission's staff to locate the complainant. Reasonable effort shall be deemed to have been made if there has been a return of certified or regular mail stating that the complainant has moved and left no forwarding address and an unproductive inquiry into complainant's whereabouts *has been made from the contact person listed in the background information form submitted by the complainant b.3. Refusal by complainant to cooperate with the processing of the complaint or otherwise to cooperate with the Commission's staff or the Commission's attorney, provided that the complainant shall first be notified and warned via certified mail that continued failure or refusal to cooperate shall result in the dismissal of the complaint b.4. Death of the complainant, provided that next-of-kin has indicated verbally or in writing to the Commission that she or he does not wish to proceed in the matter b.5. Mootness of the allegations of the complaint b.6. Failure of the complaint, when construed in a light most favorable to complainant, and after reasonable investigation, to state facts upon which relief can be granted under the Act. Whether a reasonable investigation has been conducted shall be determined on a case-by-case basis b.7. Such other reason, for which there is clear and convincing support in the record, indicating that to proceed on the complaint would be contrary or inimical to the purposes of the Act c. When a complaint has been dismissed, the complainant, and respondent when the complaint has been served, shall be notified in writing of the disposition of the complaint together with the reasons therefore and the complainant shall be notified of the right to request an administrative review as provided in Rule Respondents shall have the duty to preserve the following records: 3.14.a. When a complaint has been served on an employer, labor organization or employment agency, the respondent shall preserve all personnel records relevant to the investigation until such complaint is finally adjudicated and the respondent shall be so advised in the notice mentioned in Rule The term "relevant to the investigation" shall include, but not be limited to, personnel, employment or membership records relating to the complainant and to all other employees, applicants or members holding or seeking positions similar to that held or sought by the complainant, and application forms or test papers completed by any unsuccessful applicant and by all other applicants or candidates for the same position or membership as that for which the complainant applied and was not accepted and any records which are relevant to the

127 scope of the investigation as defined in the notice or complaint b. Where a complaint or notice of investigation has been served on a membership club, respondent in a housing complaint, or respondent in a public accommodation complaint, the respondent shall preserve all records relevant to the investigation until such complaint is finally adjudicated and the respondent shall be so advised in the notice mentioned in Rule The term "relevant to the investigation" shall include, but not be limited to, applications on file at the time the complaint was filed and those received following service of the complaint whether or not they have been accepted or rejected, membership lists, records of payment of initiation fees or regular dues, together with the minutes of meetings of the club conducted in conformity with the constitution or by-laws adopted by the membership c. Any other books, papers, documents, or records of any form which are relevant to the scope of any investigation as defined in the notice or complaint shall be preserved during the pendency of any proceedings by all parties to the proceedings unless the Commission specifically orders otherwise d. Violation of this rule may result in prosecution as in W. Va. Code Class actions a. Prerequisites to a class action. One or more members of a class may file a complaint as representative parties on behalf of all, or, upon a determination by the Commission that class wide relief may be appropriate, the Commission may independently file a complaint. when the behavior of the respondent reflects a pattern or practice of discrimination which is illegal under the Human Rights Act, subject to the following provisions b. Class actions maintainable. An action may be maintained as a class action if, in the opinion of the executive director. Rule 3.15.a. is satisfied, and if: 3.15.b.1. The executive director determines that the prosecution of separate actions by individual members of the class would create a risk of inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class; or 3.15.b.2 The executive director determines that the party opposing the class has acted or refused to act on the grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole: or 3.15.b.3. The executive director determines that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include: 3.15.b.3.A. The interest of members of the class in individually controlling the prosecution or defense of separate actions; 3.15.b.3.B. The extent and nature of any litigation concerning the controversy already commenced by or against members of the class; 3.15.b.3.C. The desirability or undesirability of concentrating the litigation of the claims in the particular forum; and 3.15.b.3.D. The difficulties likely to be encountered in the management of a class action c. Determination by order whether a class action to be maintained; notice; judgment; actions conducted partially as class actions 3.15.c.1. In a class action maintained under this rule, where the Human Rights Commission pursues the complaint on behalf of the class, as soon as possible after a finding of probable cause, the Commission shall direct to the members of the class the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. However, where the Human Rights Commission does not pursue the complaint on behalf of the class, the named complainants shall direct notice to the members of the class. The cost of notification shall be reimbursed by respondents who either agree to a settlement or are found liable of violating the Human Rights Act. Notice shall advise each member that: 3.15.c.1.A. The class action is pending; 3.15.c.1.B. The administrative law judge will exclude the member from the class if the member so requests by a specified date; and 3.15.c.1.C. The judgment will be binding on all members who do not request exclusion or who have not filed a separate and independent complaint c.2. When appropriate, a complaint may be brought or maintained as a class action with respect to particular issues, or a class may

128 Wisconsin be divided into subclasses and each subclass treated as a class, and the provisions of this rule shall then be construed and applied accordingly c.3. Settlement procedures. The parties in a class action may agree to a settlement, of which all class members shall receive notice. The respondent shall pay for the notice of settlement c.4. Dismissal or compromise. A class action shall not be dismissed or compromised without the approval of the administrative law judge, and notice of any proposed compromise shall be given to all members of the class in such manner as the administrative law judge directs (2) Every employer shall, upon the request of an employee, which the employer may require the employee to make in writing, permit the employee to inspect any personnel documents which are used or which have been used in determining that employee's qualifications for employment, promotion, transfer, additional compensation, termination or other disciplinary action, and medical records, except as provided in subs. (5) and (6). An employee may request all or any part of his or her records, except as provided in sub. (6). The employer shall grant at least 2 requests by an employee in a calendar year, unless otherwise provided in a collective bargaining agreement, to inspect the employee's personnel records as provided in this section. The employer shall provide the employee with the opportunity to inspect the employee's personnel records within 7 working days after the employee makes the request for inspection. The inspection shall take place at a location reasonably near the employee's place of employment and during normal working hours. If the inspection during normal working hours would require an employee to take time off from work with that employer, the employer may provide some other reasonable time for the inspection. In any case, the employer may allow the inspection to take place at a time other than working hours or at a place other than where the records are maintained if that time or place would be more convenient for the employee. An employee who is involved in a current grievance against the employer may designate in writing a representative of the employee's union, collective bargaining unit or other designated representative to inspect the employee's personnel records which may have a bearing on the resolution of the grievance, except as provided in sub. (6). The employer shall allow such a designated representative to inspect that employee's personnel records in the same manner as provided under sub. (2). If the employee disagrees with any information contained in the personnel records, a removal or correction of that information may be mutually agreed upon by the employer and the employee. If an agreement cannot be reached, the employee may submit a written statement explaining the employee's position. The employer shall attach the employee's statement to the disputed portion of the personnel record. The employee's statement shall be included whenever that disputed portion of the personnel record is released to a 3rd party as long as the disputed record is a part of the file. The right of the employee or the employee's designated representative under sub. (3) to inspect personnel records under this section includes the right to inspect any personal medical records concerning the employee in the employer's files. If the employer believes that disclosure of an employee's medical records would have a detrimental effect on the employee, the employer may release the medical records to the employee's physician or through a physician designated by the employee, in which case the physician may release the medical records to the employee or to the employee's immediate family. The right of the employee or the employee's designated representative to inspect his or her personnel records does not apply to: (a) Records relating to the investigation of possible criminal offenses committed by that employee. (b) Letters of reference for that employee. (c) Any portion of a test document, except that the employee may see a cumulative total test score for either a section of the test document or for the entire test document. (d) Materials used by the employer for staff management planning, including judgments or recommendations concerning future salary increases and other wage treatments, management bonus plans, promotions and job assignments or other comments or ratings used for the employer's planning purposes. (e) Information of a

129 personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of the other person's privacy. (f) An employer who does not maintain any personnel records. (g) Records relevant to any other pending claim between the employer and the employee which may be discovered in a judicial proceeding. The right of the employee or the employee's representative to inspect records includes the right to copy or receive a copy of records. The employer may charge a reasonable fee for providing copies of records, which may not exceed the actual cost of reproduction Child Labor; Duties of employers of minors in street trades. Every employer of minors in street trades shall keep a record for each minor of his or her name, address and date of birth. Every employer shall receive and file a street trade permit authorizing employment of each minor by him or her before the minor is permitted to work; and shall keep the permit on file and allow inspection of the permit at any time by the department or any police or school attendance officer. This section does not apply to employment of a minor in a fund-raising sale for a nonprofit organization, a public school, a private school, or a tribal school Child Labor; Duties of employers of minors. Every employer employing a minor under 18 for whom a permit is required, except in street trades, shall: (1) Receive and file a child labor permit authorizing employment of the minor by him or her before the minor is permitted to do any work, and shall keep the permit on file and allow inspection of the permit at any time by the department or any school attendance officer. A permit shall be valid only for the employer for whom issued. (2) Keep a record for each employed minor's name, address, date of birth, the time of beginning and ending work and the time for meals each day and the total hours worked each day and each week MINIMUM WAGE; Records. Each employer shall keep a record of the names and addresses of all student learners and employees, the hours of employment and wages of each, and such other records pertaining to ability as the department requires Employment Practices: Pre-employment inquiries; Employment records. An employer subject to the act may make such pre-employment inquiries and keep such employment records as will enable the employer to determine statistically the age, race, color, creed, sex, national origin, ancestry or marital status of applicants and employees. Pre-employment inquiries and employment records which tend directly or indirectly to disclose such information do not constitute unlawful discrimination per se Wages-Hours; Records to be kept by employers. Every employer of workers under a special minimum wage license, or the referring agency or facility in the case of records verifying a worker's disabilities, shall maintain and have available for inspection the records specified in this subsection. (a) Verification of the worker's disability. (b) Evidence of the productivity of each worker with a disability which has been gathered on a continuing basis or at periodic intervals which do not exceed six months in the case of employees paid hourly wage rates. (c) The prevailing wage paid to a worker who is not disabled for the job performed and who is employed in industry in the vicinity for the same type of work using similar methods and equipment as that used by the worker with a disability employed under the special minimum wage license. (d) The production standards and supporting documentation for nondisabled workers for each job being performed by a worker with disabilities employed under the special license. (e) In the case of workers with disabilities who are employed by a recognized nonprofit rehabilitation facility and who are working in or about a home,

130 Wyoming apartment, or room in the residential establishment, the records required under sec. DWD (f) The employer shall maintain and preserve the records required by this section for three years. (15) Student learners. (d) Employment records to be kept. In addition to the records required in sec. DWD the employer shall keep the following for each student employed at a subminimum wage rate. 1. The student shall be identified on the payroll records, showing his occupation and rate of pay. 2. The employer's copy of the license and training agreement must be available at all times for inspection for a period of three years. (17) Review. Any person that is aggrieved by an action of the department taken under this section may, within 60 days after learning of the action or within any additional time that the department might allow, file with the department a request for reconsideration or review. The department shall determine if a review shall be granted. If a review is conducted, it shall be conducted by the department. The department may provide other interested persons an opportunity to present data and views. (18) Rehabilitation facilities (c ) (iii) Personnel files shall be available to the duly elected and appointed officials who supervise the work of the person in interest. Applications, performance ratings and scholastic achievement data shall be available only to the person in interest and to the duly elected and appointed officials who supervise his work. Employment contracts, working agreements or other documents setting forth the terms and conditions of employment of public officials and employees are not considered part of a personnel file and shall be available for public inspection. (Note: the above referenced provisions apply only to public employers) MINIMUM WAGES-- Record of work of employees required. Every employer subject to this act [ through ] shall make, and keep for a period of not less than two (2) years in or about the premises wherein any employee is employed, a record of the name, address and occupation of each of his employees, the rate of pay, and the amount paid each pay period to each such employee, the hours worked each day and each work week by such employee.