As an employer, am I obligated to provide copies of timecards upon request of an employee?

UPDATED: Dec 23, 2015

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As an employer, am I obligated to provide copies of timecards upon request of an employee?

We have someone asking for almost 3 years worth of pay vouchers and pay stubs.

Asked on December 23, 2015 under Employment Labor Law, Massachusetts


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

As a general rule, an employer is not required to provide copies of its personnel files, including time cards, schedules, etc., to an employee simply upon request. To get access to this material, the employee will need to invoke the legal process. To do this, they must either sue the company (e.g. for a claim regarding wage and hour law violations), at which point they can use the tools of discovery (subpoenas, etc.) to get the information; or they can contact the federal or state department of labor and see if it will take up their case and use its powers to get this material as part of an investigation. Once an employee successfully invokes the legal process, the employer will have to comply.
That having been said, the law on this varies from state-to-state so you can confirm the above with an employment law attorney in your area or your state's department of labor. Additionally, you must comply immediately with such a request if company policy provides that timecards be so provided to an employee or the terms of union agreement or employment contract do.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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