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:
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.
All employers covered by the FLSA (one employee).
Individual employment contracts, collective bargaining agreements, plans, trusts, certificates, and required notices.
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.
All employers covered by the FLSA or child labor laws (at least one employee).
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.
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.
Employers covered by Title VII.
EEO-1 report filed with the EEOC.
Employers covered by Title VII and 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:
Employers covered by ADEA.
Employee benefit plans, and seniority and merit systems.
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.
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.
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).
The hours of FMLA leave taken if taken by eligible employees in increments of less than one full day.
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.
Any documents describing employee benefits or personnel policies and practices covering paid and unpaid leaves and documents describing premium payments of employee benefits.
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.
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 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).
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).
Current employees: during the entire period of employment.
Employers employing persons to perform labor or services in return for wages or other pay.
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).
Type of records
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.
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