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.
Type of records
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 last date of entry for employers covered by the FLSA.
All employers covered by the FLSA (one employee)
FMLA covers employers with 50 or more employees during 20 or more calendar workweeks in either the current or preceding calendar year
Individual employment contracts, collective bargaining agreements, plans, trusts, certificates and required notices.
Three years from last effective date.
All employers covered by the 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 addition or reduction.
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 FLSA or child labor laws (at least one employee)
Any personnel or employment records, including 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 time the record is made or the personnel action is taken, whichever is later.
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 or action.
Employers covered by Title VII
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 calendar year)
Any personnel records that an employer makes and that are related to:
One year; or 90 days for applicants for temporary jobs
Employers covered by ADEA
Employee benefit plans and seniority and merit systems.
One year after termination of plan
Employers covered by the ADEA
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 FLSA
All records required to be kept by the FLSA.
A log and summary of all recordable occupational injuries and illnesses for each establishment (OSHA Form 200) and a supplementary record (OSHA Form 101).
Private sector employers covered by the Occupational Safety and Health 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 Occupational Safety and Health Act
Employee medical records (including medical histories; examinations and test results; medical opinions and diagnoses; description of treatment and prescriptions; and employee complaints).
Duration of employment plus 30 years
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.
Background checks — Federal
Benefits — Federal
Celebrations in the workplace — Federal
Child labor — Federal
Disabilities and reasonable accommodations — Federal
Disaster planning — Federal
Discipline — Federal
Discrimination — Federal
Diversity in the workplace — Federal
Drugs and alcohol — Federal
Employment in the Internet age — Federal
Employment practices liability insurance — Federal
Family and medical leave — Federal
Federal contractors and affirmative action — Federal
Federal recordkeeping requirements
Health insurance continuation coverage — Federal
Health insurance portability and privacy — Federal
Health insurance reform — Federal
Immigration — Federal
Independent contractors — Federal
International employment law — Federal
Military leave — Federal
Other types of leave — Federal
Pandemic outbreaks — Federal
Performance evaluations — Federal
Personnel files — Federal
Plant closings and mass layoffs — Federal
Policies and procedures manuals — Federal
Politics in the workplace — Federal
Privacy rights — Federal
Public employers — Federal
Recruiting and hiring — Federal
Restrictive covenants and trade secrets — Federal
Safety and health — Federal
Social media — Federal
Telecommuting — Federal
Temporary and leased employees, interns and volunteers — Federal
Termination — Federal
Unions — Federal
Wages and hours — Federal
Whistleblower protections — Federal
Workplace harassment — Federal
Workplace investigations — Federal
Workplace violence — Federal