Maine
Me. Rev. Stat. Ann. tit. 26, § 631
Employers affected: All.
Employee access to records: Within 10 days of submitting request, employee, former employee, or authorized representative may view and copy personnel files.
Written request required: Yes.
Conditions for viewing records: Employee may view records during normal business hours at the location where the files are kept, unless employer, at own discretion, arranges a time and place more convenient for employee. If files are in electronic or any other nonprint format, employer must provide equipment for viewing and copying.
Copying records: Employee entitled to one free copy of personnel file during each calendar year, including any material added to file during that year. Employee must pay for any additional copies.
Massachusetts
Mass. Gen. Laws ch. 149, § 52C
Employers affected: All. (Employers with 20 or more employees must maintain personnel records for 3 years after termination.)
Employee access to records: Employee or former employee must have opportunity to review personnel files within 5 business days of submitting request, but not more than twice a calendar year. (Law does not apply to tenured or tenure-track employees in private colleges and universities.) Employer must notify an employee within 10 days of placing in the employee's personnel record any information to the extent that the information is, has been, or may be used, to negatively affect the employee's qualification for employment, promotion, transfer, additional compensation, or the possibility that the employee will be subject to disciplinary action. (This notification does not count toward employee's two allotted opportunities to view personnel file.)
Written request required: Yes.
Conditions for viewing records: Employee may view records at workplace during normal business hours.
Copying records: Employee must be given a copy of record within 5 business days of submitting a written request.
Employee’s right to insert rebuttal: If employee disagrees with any information in personnel record and cannot reach an agreement with employer to remove or correct it, employee may submit an explanatory written statement (a “rebuttal”). Rebuttal becomes a part of the personnel file.
Michigan
Mich. Comp. Laws §§ 423.501 to 423.505
Employers affected: Employers with 4 or more employees.
Employee access to records: Current or former employee is entitled to review personnel records at reasonable intervals, generally not more than twice a year, unless a collective bargaining agreement provides otherwise.
Written request required: Yes. Request must describe the record employee wants to review.
Conditions for viewing records: Employee may view records during normal office hours either at or reasonably near the worksite. If these hours would require employee to take time off work, employer must provide another reasonable time for review.
Copying records: After reviewing files, employee may get a copy; employer may charge only actual cost of duplication. If employee is unable to view files at the worksite, employer, upon receipt of a written request, must mail employee a copy.
Employee’s right to insert rebuttal: If employee disagrees with any information in personnel record and cannot reach an agreement with employer to remove or correct it, employee may submit a written statement explaining his or her position. Statement may be no longer than five 8.5” by 11” pages.
Minnesota
Minn. Stat. Ann. §§ 181.960 to 181.966
Employers affected: 20 or more employees.
Employee access to records: Current employee may review files once per 6-month period; former employee may have access to records once only during the first year after termination. Employer must comply with written request within 7 working days (14 working days if personnel records kept out of state). Employer may not retaliate against an employee who asserts rights under these laws.
Written request required: Yes.
Conditions for viewing records: Current employee may view records during employer’s normal business hours at worksite or a nearby location; does not have to take place during employee’s working hours. Employer or employer’s representative may be present.
Copying records: Employer must provide copy free of charge. Current employee must first review record and then submit written request for copies. Former employee must submit written request; providing former employee with a copy fulfills employer’s obligation to allow access to records.
Employee’s right to insert rebuttal: If employee disputes specific information in the personnel record and cannot reach an agreement with employer to remove or revise it, employee may submit a written statement identifying the disputed information and explaining his or her position. Statement may be no longer than 5 pages and must be kept with personnel record as long as it is maintained.
Nevada
Nev. Rev. Stat. Ann. § 613.075
Employers affected: All.
Employee access to records: An employee or former employee who has worked at least 60 days must be given a reasonable opportunity to inspect personnel records. A former employee must be given access within 60 days of termination.
Conditions for viewing records: Employee may view records during employer’s normal business hours.
Copying records: Employer must provide a copy of the file to current employees and to former employees who make a request within 60 days of termination. Employer may charge only actual cost of providing access and copies.
Employee’s right to insert rebuttal: Employee may submit a reasonable written explanation in direct response to any entry in personnel record. Statement must be of reasonable length; employer may specify the format; employer must maintain statement in personnel records.
New Hampshire
N.H. Rev. Stat. Ann. § 275:56
Employers affected: All.
Employee access to records: Employer must provide employees a reasonable opportunity to inspect records.
Copying records: Employer may charge a fee reasonably related to cost of supplying copies.
Employee’s right to insert rebuttal: If employee disagrees with any of the information in personnel record and cannot reach an agreement with the employer to remove or correct it, employee may submit an explanatory written statement along with supporting evidence. Statement must be maintained as part of personnel file.
Oregon
Or. Rev. Stat. § 652.750
Employers affected: All.
Employee access to records: Within 45 days after receipt of request, employer must provide employee a reasonable opportunity to inspect payroll records and personnel records used to determine qualifications for employment, promotion, or additional compensation, termination, or other disciplinary action.
Conditions for viewing records: Employee may view records at worksite or place of work assignment.
Copying records: Within 45 days after receipt of request, employer must provide a certified copy of requested record to current or former employee (if request made within 60 days of termination). If employee makes request more than 60 days after termination, employer shall provide a certified copy of requested records if employer has records at time of the request. The employer may charge an amount reasonably calculated to recover actual cost of providing copy.
Pennsylvania
43 Pa. Cons. Stat. Ann. §§ 1321 to 1324
Employers affected: All.
Employee access to records: Employer must allow employee to inspect personnel record at reasonable times. (Employee’s agent, or employee who is laid off with reemployment rights or on leave of absence, must also be given access.) Unless there is reasonable cause, employer may limit review to once a year by employee and once a year by employee’s agent.
Written request required: At employer’s discretion. Employer may require the use of a form as well as a written indication of the parts of the record employee wants to inspect or the purpose of the inspection. For employee’s agent: Employee must provide signed authorization designating agent; the authorization must be for a specific date and indicate the reason for the inspection or the parts of the record the agent is authorized to inspect.
Conditions for viewing records: Employee may view records during regular business hours at the office where records are maintained, when there is enough time for employee to complete the review. Employer may require that employees or agents view records on their own time and may also require that inspection take place on the premises and in the presence of employer’s designated official.
Copying records: Employer not obligated to permit copying. Employee may take notes.
Employee’s right to insert rebuttal: The Bureau of Labor Standards, after a petition and hearing, may allow employee to place a counterstatement in the personnel file, if employee claims that the file contains an error.
Rhode Island
R.I. Gen. Laws § 28-6.4-1
Employers affected: All.
Employee access to records: Employer must permit employee to inspect personnel file when given at least 7 days’ advance notice (excluding weekends and holidays). Employer may limit access to no more than 3 times a year.
Written request required: Yes.
Conditions for viewing records: Employee may view records at any reasonable time other than employee’s work hours. Inspection must take place in presence of employer or employer’s representative.
Copying records: Employee may not make copies or remove files from place of inspection. Employer may charge a fee reasonably related to cost of supplying copies.
Washington
Wash. Rev. Code Ann. §§ 49.12.240 to 49.12.260
Employers affected: All.
Employee access to records: Employee may have access to personnel records at least once a year within a reasonable time after making a request.
Employee’s right to insert rebuttal: Employee may petition annually that employer review all information in employee’s personnel file. If there is any irrelevant or incorrect information in the file, employer must remove it. If employee does not agree with employer’s review, employee may have a statement of rebuttal or correction placed in file. Former employee has right of rebuttal for two years after termination.
Wisconsin
Wis. Stat. Ann. § 103.13
Employers affected: All employers who maintain personnel records.
Employee access to records: Employee and former employee must be allowed to inspect personnel records within 7 working days of making request. Access is permitted twice per calendar year unless a collective bargaining agreement provides otherwise. Employee involved in a current grievance may designate a representative of the union or collective bargaining unit, or other agent, to inspect records that may be relevant to resolving the grievance.
Written request required: At employer’s discretion.
Conditions for viewing records: Employee may view records during normal working hours at a location reasonably near the worksite. If this would require employee to take time off work, employer may provide another reasonable time for review.
Copying records: Employee’s right of inspection includes the right to make or receive copies. An employer that provides copies may charge only the actual cost of reproduction.
Employee’s right to insert rebuttal:If employee disagrees with any information in the personnel record and cannot come to an agreement with the employer to remove or correct it, employee may submit an explanatory written statement. Employer must attach the statement to the disputed portion of the personnel record.
CAUTION
Additional laws may apply. If the chart above indicates that your state has no statute, this means there is no law that specifically addresses the issue. However, there may be a state administrative regulation or local ordinance that does control access to personnel records. Call your state labor department for more information.