*Effective January 1, 2017
Senate Bill 1587 amended ORS 652.750. Employers now must produce time and pay records as part of the personnel records. Time and pay records mean payroll records and data required under Oregon Wage and Hour laws.
ORS 652.750 Inspection of records by employee; furnishing copy to employee; disposition of record on termination of employment; charge for copies.
|(1) As used in this section:
(a) "Employer" has the meaning for that term provided in ORS 656.005.
(b) "Personnel records" do 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 352.226.
|1) Crime records or confidential records are exempt. |
(2) At 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 those personnel records of the employee which are used or have been used to determine the employee´s qualification for employment, promotion, additional compensation or employment termination or other disciplinary action. At the request of the employee, the employer shall furnish a certified copy of such records. The employer has 45 days to provide these records.
2) Records used to determine terms or conditions of the employee´s compensation or employment are covered.
(3) Upon termination of employment, the employer shall keep the terminated employee´s personnel records for not less than 60 days. At the request of the employee, within the 60-day period or at any time if the employer has retained the records at the time of the request, the employer shall furnish a certified copy of such records.
3) Right of the employee continues after termination.
(4) An employer may make only such charge for the service referred to in subsection (2) and (3) of this section as is reasonably calculated to recover the actual cost of providing the service.
Updated February 2017
4) Employer may charge the cost of copies
Nothing on this
website is intended as legal advice. Any responses to specific questions
are based on the facts as we understand them, and not intended to apply to any
other situations. This communication is not an agency order. If you
need legal advice, please consult an attorney. We attempt to update the
information on this website as soon as practicable following changes or
developments in the laws and rules affecting Oregon employers, but we make no
warranties or representations, express or implied, about whether the
information provided is current. We urge you to check the applicable
statutes and administrative rules yourself and to consult with legal counsel
prior to taking action that may invoke employee rights or employer responsibilities
or omitting to act when required by law to act.
TECHNICAL ASSISTANCE FOR EMPLOYERS
800 NE OREGON STREET, STE 1045
THIS INFORMATION IS AVAILABLE IN AN ALTERNATE FORMAT