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 |
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 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. |
Three years |
All employers covered by the 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 FLSA |
Order, shipping and billing records. |
Two years |
All employers covered by the 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 addition or reduction. |
Two years |
All employers covered by the 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 FLSA or child labor laws (at least one employee) |
Type of records |
Retention period |
Coverage |
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 |
While current |
Employers covered by Title VII with 100 or more employees |
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 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 |
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 FLSA |
All records required to be kept by the FLSA. |
Three years |
Employers covered by the FLSA |
Type of records |
Retention period |
Coverage |
A log and summary of all recordable occupational injuries and illnesses for each establishment (OSHA Form 200) and a supplementary record (OSHA Form 101). |
Five years |
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). |
30 years |
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 |
All employers covered by the Occupational Safety and Health 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.
|