Table of contents

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

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 ensuring that the required information is retained in conformity with the following guidelines:

FLSA - Fair Labor Standards Act

FMLA – Family and Medical Leave Act

FCRA – Fair Credit Reporting Act

Type of Records	Retention Period	Coverage
Payroll records for each employee identification including full name, 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).
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 plus three years	All employers covered by the FLSA or child labor laws (at least one employee).
Records relating to background checks on employees.	Five years; Disposal of background check records must comply with FCRA requirements	All employers covered by the FCRA (at least one employee).

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 but not limited to 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.	Termination plus four years	Employers covered by Title VII (15 or more employees in each of 20 consecutive calendar weeks of the current or preceding year) and all employers covered by 42 U.S.C. § 1981 (at least one employee).
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 and 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 calendar year).
Any personnel records that an employer makes and that are related to: job applications and inquiries promotions, transfers, selections for training, layoffs, recalls, discharges job orders submitted to employment agencies or unions for the recruitment of employees test papers results of physical exams any advertisements of notices of job opportunities.	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.

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 following termination	Employers covered by the FLSA.
All records required to be kept by the FLSA.	Two years	Employers covered by the FLSA.

FMLA - Family and Medical Leave Act

Type of Records	Retention Period	Coverage
Basic payroll and identifying employee data, rate or basis of pay and terms of compensation, daily and weekly hours worked per pay period, additions to or deductions from wages, and total compensation paid.	Three years	Employers covered by the FMLA (50 or more employees each working day during 20 or more workweeks in the current or preceding calendar year).
Dates 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 FMLA leave and may not include leave required under state law or an employer plan that isn’t also covered by the FMLA).	Three years	Employers covered by the FMLA (50 or more employees each working day during 20 or more workweeks in the current or preceding calendar year).
The hours of FMLA leave taken if taken by eligible employees in increments of less than one full day.	Three years	Employers covered by the FMLA (50 or more employees each working day during 20 or more workweeks in the current or preceding calendar year).
Copies of written employee notices of leave furnished under the FMLA and copies of all general and specific written notices given to employees as required under the FMLA and its regulations.	Three years	Employers covered by the FMLA (50 or more employees each working day during 20 or more workweeks in the current or preceding calendar year).
Any documents describing employee benefits or personnel policies and practices covering paid and unpaid leaves and documents describing premium payments of employee benefits.	Three years	Employers covered by the FMLA (50 or more employees each working day during 20 or more workweeks in the current or preceding calendar year).
Records of any dispute with eligible employee over the designation of leave as FMLA leave, including any written statement covering the reasons for the designation and for the disagreement.	Three years	Employers covered by the FMLA (50 or more employees each working day during 20 or more workweeks in the current or preceding calendar year).

OSHA - Occupational Safety and Health Act

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 OSHA 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 OSHA.
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 OSHA.

IRCA - Immigration Reform and Control Act of 1986

Type of Records

Retention Period

Coverage

Form I-9

Current employees: during the entire period of employment.

Terminated employees:
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.

ERISA – Employee Retirement Income and Security Act

Type of records

Retention period

Coverage

Employee benefit plans subject to ERISA (includes plans regarding health and dental insurance, 401k, long-term disability, and Form 5500).

Plan level records must be retained a minimum of 6 years.

Participant level records must be retained for an indefinite period of time.

All employers covered by ERISA (at least one employee).

Minnesota’s labor standards recordkeeping laws

Type of records	Retention period	Coverage
Name, address and occupation for each employee. Rate of pay and the amount paid to each employee each pay period, including whether the employee is paid by the hours, shift, day, week, salary, piece, commission or other method and the specific application of any additional rates. Hours worked each day (including start and end times with a.m. and p.m. designations) and each workweek. A record of each meal accepted by employees if the employer is taking a meal credit under Minnesota Rules 5200.0060. Proof of age of minors employed (birth certificate, driver’s license, school issued age certificate or I-9 form). A list of personnel policies with brief descriptions, including the date the policies were given to the employee. The employee notice required to be provided to and signed by the employee at the start of employment and any written changes to the notice that were provided by the employee. Paid vacation, sick time or other paid time-off accruals and terms of use. A list of deductions made from employees’ pay. The number of days in each pay period, the regularly scheduled pay day and the pay day on which the employee will receive the first payment of wages earned. The legal name of the employer and the operating name of the employer if different from the legal name. The physical address of the employer’s main office or principal place of business and the mailing address if different and the telephone number of the meployer. The employee’s employment status and whether the employee is exempt from minimum wage, overtime and other provisions and on what basis.		All employers
Certified payroll report with respect to the wages and benefits paid each employee during the preceding weeks. Such report shall be furnished, under oath and signed by an owner or officer of the employer to the contracting authority and the project owner every two weeks.		Employers subject to Minnesota Statutes 177.41 to 177.44, and while performing work in public works projects funded in whole or part with state funds.