Answer:
Yes, even though the employee has not requested her personnel file, she is entitled to certain wage related records in Massachusetts if she has requested them. While some of these records would also be part of the personnel file (i.e. rate of pay), many are not. Massachusetts requires employers to keep all of the following wage records with regard to employees: “employee’s name, complete address, social security number, occupation, amount paid each pay period, hours worked each day, rate of pay, vacation pay, any deductions made from wages, any fees or amounts charged by the employer to the employee, [and] dates worked each week . . .” 454 CMR 27.07(2). The employer must keep those records for at least 3 years after the entry date of the record. When an employee requests such records, verbally or in writing, the business must provide the information within 10 days of the request.
This question was answered by Amelia Holstrom, a Partner at Skoler, Abbott & Presser. Amelia can be reached at aholstrom@skoler-abbott.com