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:
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.
All employers covered by the Fair Labor Standards Act (FLSA) - (one employee)
Individual employment contracts, collective bargaining agreements, plans, trusts, certificates, and required notices.
All employers covered by the Fair Labor Standards Act (FLSA).
Sales and purchase records, by total dollar volume, weekly, month, or quarterly.
Supplementary basic records - including worksheets showing daily starting and stopping time of employees, wage rate schedules, and work time schedules.
Order, shipping, and billing records.
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.
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.
All employers covered by the Fair Labor Standards Act (FLSA) or child labor laws (at least one employee).
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.
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.
EEO-1 report filed with the EEOC.
Employers covered by Title VII with 100 or more employees.
Payroll records containing each employee's name, address, date of birth, occupation, rate of pay, and compensation earned each week.
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:
Employers covered by the ADEA.
Employee benefit plans, and seniority or merit systems.
Personnel records relevant to enforcement action brought against an employers.
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.
Employers covered by the Fair Labor Standards Act (FLSA).
All records required to be kept by the Fair Labor Standards Act (FLSA).
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)).
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.
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).
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).
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).
Employers employing persons to perform labor or services in return for wages or other pay.
Policies and Forms
Appendix A: Recordkeeping requirements
About the Firm
About the Contributors
Features of the HR Library
About the Author
Snapshot – An HR audit — Colorado
Compliance thresholds — Colorado
Recruiting and hiring — Colorado
Background checks — Colorado
Immigration — Colorado
Temporary, leased and franchise employees — Colorado
Independent contractors — Colorado
Restrictive covenants and trade secrets — Colorado
Policies and procedures manuals — Colorado
Wages and hours — Colorado
Child labor — Colorado
Discrimination — Colorado
Disabilities and reasonable accommodation — Colorado
Workplace harassment — Colorado
Benefits — Colorado
Health insurance reform — Colorado
Family and medical leave — Colorado
Military leave — Colorado
Other types of leave — Colorado
Performance evaluations — Colorado
Personnel files — Colorado
Workplace investigations — Colorado
Discipline — Colorado
Termination — Colorado
Plant closings and mass layoffs — Colorado
Health insurance continuation coverage — Colorado
Unemployment insurance — Colorado
Whistleblower protections — Colorado
Privacy rights — Colorado
Health insurance portability and privacy — Colorado
Technology and the Internet — Colorado
Social media — Colorado
Safety and health — Colorado
Workplace violence — Colorado
Workers' compensation — Colorado
Telecommuting — Colorado
Celebrating in the workplace — Colorado
Politics in the workplace — Colorado
Federal contractors and affirmative action — Colorado
Public Employers — Colorado
Unions — Colorado
Marijuana — Colorado
Diversity, equity and inclusion in the workplace — Colorado
Disaster planning — Colorado
Pandemic Preparedness — Colorado
Appendix A: Recordkeeping requirements
Appendix B: Posting requirements