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This Colorado Human Resources Manual is offered to you for free. Find state specific laws and regulations below.

Appendix A: Recordkeeping requirements

Various federal and state statutes require employers to keep employee applications and other employment information for a specified period of time.

The person charged with the administration of personnel files and applications is responsible for insuring that the required information is retained in conformity with the following guidelines:

FLSA - Fair Labor Standards Act

Type of Records Retention Period Coverage

Payroll records for each employee including full name, identification number, home address, date of birth if under the age of 19, sex, occupation, day and time workweek begins, hours worked each day and week, total daily or weekly earnings, overtime compensation, basis of overtime computation, total additions to or deductions from wages, total wages for each pay period, date of payment, and the pay period covered by the payment.

Three years from the last date of entry for employers covered by the FLSA.

All employers covered by the Fair Labor Standards Act (FLSA) - (one employee)

Individual employment contracts, collective bargaining agreements, plans, trusts, certificates, and required notices.

Three years from last effective date.

All employers covered by the Fair Labor Standards Act (FLSA).

Sales and purchase records, by total dollar volume, weekly, month, or quarterly.

Three years.

All employers covered by the Fair Labor Standards Act (FLSA).

Supplementary basic records - including worksheets showing daily starting and stopping time of employees, wage rate schedules, and work time schedules.

Two years

All employers covered by the Fair Labor Standards Act (FLSA).

Order, shipping, and billing records.

Two years

All employers covered by the Fair Labor Standards Act (FLSA).

Records of additions to and deductions from each individual employee's wages; all employee purchase orders; all records used in determining amount and computation of additions to or reductions from wages.

Two years

All employers covered by the Fair Labor Standards Act (FLSA).

Any certificates of age (if applicable). Employer may be required to keep different or additional wage and hour records on employees in certain specialized occupations and on employees who may be otherwise exempt from the FLSA.

Until termination of employment.

All employers covered by the Fair Labor Standards Act (FLSA) or child labor laws (at least one employee).

Title VII - Title VII of the 1964 Civil Rights Act

ADA - Americans with Disabilities Act

Type of Records Retention Period Coverage

Any personnel or employment records, including requests for reasonable accommodation application forms that an employer makes or keeps and records, related to hiring, promotions, demotions, transfers, layoffs, terminations, rates of pay, selections to training programs, etc.

One year from the record is made or the personnel action is taken, whichever is later, but in the case of involuntary termination of an employee, they must retain the terminated employee's personnel or employment records for one year from the date of termination.

Employers covered by Title VII (15 or more employees in each of 20 consecutive calendar weeks of the current or preceding year).

All personnel records relevant to a charge filed with or actions brought by the EEOC.

Until final disposition of the charge of action.  

EEO-1 report filed with the EEOC.

Retain a copy of the most recent report filed.

Employers covered by Title VII with 100 or more employees.

ADEA - Age Discrimination in Employment Act

Type of Records Retention Period Coverage

Payroll records containing each employee's name, address, date of birth, occupation, rate of pay, and compensation earned each week.

Three years

Employers covered by the ADEA (20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year).

Any personnel records that an employer makes to:

  • job applications, resumes, or other replies to job advertisements
  • promotions, demotions, transfers, selections for training, layoffs, recalls, discharges
  • job orders submitted to employment agencies or unions for the recruitment of employees
  • test papers (in connection with employer-administered aptitude or other employment tests)
  • results of physical exams
  • any advertisements or notices of job opportunities.
One year from date of personnel action to which the record relates

Employers covered by the ADEA.

Employee benefit plans, and seniority or merit systems.

Full period that plan or system is in effect, plus one year after termination of plan.

Employers covered by the ADEA.

Personnel records relevant to enforcement action brought against an employers.

Until final disposition of the action.

Employers covered by the ADEA.

EPA - Equal Pay Act

Type of Records Retention Period Coverage

Any records that an employer makes that relate to the payment of wages, evaluations, job wage rates, job descriptions, merit systems, seniority, agreements, or other collective bargaining matters that explain the basis for payment of a wage differential to employees of the opposite sex.

Two years

Employers covered by the Fair Labor Standards Act (FLSA).

All records required to be kept by the Fair Labor Standards Act (FLSA).

Three years

Employers covered by the Fair Labor Standards Act (FLSA).

FMLA - Family and Medical Leave Act

Type of Records Retention Periods Coverage

Payroll records for each employee including full name, identification number, home address, date of birth if under the age of 19, sex, occupation, day and time workweek begins, hours worked each day and week, total daily or weekly earnings, overtime compensation, basis of overtime computation, total additions to or deductions from wages, total wages for each pay period, date of payment, and the pay period covered by the payment.

Three (3) years from the date of last entry.

Family and Medical Leave Act (FMLA) covers employers with 50 or more employees during 20 or more calendar workweeks in either the current or preceding calendar year.

Dates Family and Medical Leave Act (FMLA) leave is taken by eligible employees (that information may come from time records or employees' requests for leave, leave must be designated in records as Family and Medical Leave (FMLA) Leave and may not include leave required under state law or an employer plan that isn't also covered by the Family and Medical Leave Act (FMLA)).

Three (3) years.

Employers employing 50 or more employees each working day during 20 or more workweeks in the current or preceding calendar year.

The hours of leave if it's taken by eligible employees in increments of less than one full day.

Copies of written employee notices of leave furnished to employer under the Family and Medical Leave Act (FMLA) and copies of all general and specific written notices given to employees as required under the Family and Medical Leave Act (FMLA) and its regulations.

Any documents describing employee benefits or personnel policies and practices covering paid and unpaid leaves.

Premium payments of employee benefits.

Records of any dispute between human resources personnel and/or management and an eligible employee over the designation of leave as Family and Medical Leave Act (FMLA) leave, including any written statement from either party covering the reasons for the designation and for the disagreement.

   

OSH Act - Occupational Safety and Health Act

Type of Records Retention Period Coverage

A log and summary of all recordable occupational injuries and illnesses, including needle sticks and sharps injuries, cases involving occupational hearing loss, and work-related musculoskeletal disorders for each establishment (OSHA 300 - Log) and a supplementary record (OSHA 301 form - Incident Report).

Five years (following the end of the calendar year that the records cover)

Private sector employers covered by the OSH Act with 11 or more full- or part-time employees.

Employee exposure records on toxic substances and harmful physical agents (including environmental and biological monitoring information and material safety data sheets).

30 years

All employers covered by the OSH Act.

Employee medical records (including medical histories, examinations and test results, medical opinions and diagnoses, description of treatment and prescriptions and employee complaints) (i.e., record concerning the health status of an employee that is made or maintained by a physician, nurse, or other healthcare personnel, or technician).

Duration of employment plus 30 years.

All employers covered by the OSH Act.

IRCA: Immigration Reform and Control Act

Type of  Records   Retention Period Coverage
Form I-9  Three years after the date of hire; or one year after date the employment is terminated, whichever is later.

Employers employing persons to perform labor or services in return for wages or other pay.