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
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.
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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.
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I
| K | L | M | N | O | P | R | U | V | W
State
Statute
Alabama
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
16-22-14 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.
25-8-38 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 25-8-36. 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.
25-8-45. 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 25-8-39 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
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.
Alaska
23.10.430. (a) An employer shall permit an employee or former employee to inspectand 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.
39.25.080 (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.
05.040 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 student-learner 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
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 23.10.332. (f) Minors who have been emancipated for general purposes under AS 09.55.590 are exempt from the requirements of AS 23.10.332. (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 23.10.055(1) — (10).
05.280 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.
30.810. Rules Governing Practice and Procedure Before the State Commission for Human Rights. Reports and Recordkeeping
.
Employer Records. (a) Anemployer subject to AS 18.80 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 18.80 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.
18.80.220 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.
23.10.100. 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.
18.20.450 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.
Arizona
R2-5-105. Personnel Records Access to--.Purpose. An employee's official personnelfile 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 R2-5-503; 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
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. R10-3-209.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
.
41-1482. 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.
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.
11-4-217. 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
25-19-105 (a)(1)(A) Access to Personnel Files. Except as otherwise specificallyprovided 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
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 § 14-2-102, 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
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, 2007. (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 § 25-19-109 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
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 § 25-19-103(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, § 26-18-101 et seq.
11-4-612. Wage Discrimination; Employer to keep records. (a) Every employer
subject to §§ 11-4-607 — 11-4-612 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.
R10-3-209.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. 1007.3.9 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
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.
California
1198.5. (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 theemployee 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
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
crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 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.
1295 EMPLOYMENT REGULATION AND SUPERVISION; Occupational Privileges and Restrictions; Minors. (a) Sections 1292, 1293, 1294, and 1294.5 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 29007.5 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 1294.1 shall not apply to the following persons as provided by Section 570.72 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 1294.1 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 1294.1. 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 1294.1. Farmers employing minors who have completed this program shall keep a copy of the certificate of completion on file with the minor's records.
1299 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.
49161 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.49164 Educ
.
Elementary and Secondary Education; Employment of Minors; Duties of Employer. Permits to work and to employ and certificates of age shallalways 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.
1197.5 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.
1174 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.
12946 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.
7287.0. 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 1430.3 (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 7286.9(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
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 1422.2 of the Labor Code (Section 12965 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.
19704 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 12926 and 12926.1. (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
to the examination, appointment, or promotion of an individual.
1174. 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.
Colorado
8-12-114 Personnel Files. (5) Any employer that provides written information to aprospective 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.
8-12-111. 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.
