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What employment records must I keep?

In general, employers must keep all personnel or employment records for one year. If an employee is involuntarily terminated, his/her personnel records must be retained for one year from the date of termination. If a claim of discrimination is filed, all relevant personnel records must be retained until final disposition of the matter.

RECORD RETENTION GUIDE

Timeframe

Records to Be Kept

Source

1 year

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Age Discrimination (ADEA)

American with Disabilities Act (ADA)

Employment records, including promotions/demotions, transfers, termination, and training

Title VII

Age Discrimination

ADA

Job requests submitted by an employer to an employment agency

Pre-employment tests (aptitude, personality, etc.)

Records of legal actions/complaints

Title VII

Age Discrimination

Rehabilitation Act

ADA
2 years

Earnings Records including time cards, work schedules, pay rates, and the like

Fair Labor Standards Act (FLSA)

Equal Pay Act

Actual wages paid and any additions/deductions

FLSA
3 years

Payroll Records

FLSA

Age Discrimination

Equal Pay Act

Title VII

ADA

Employment contracts and agreements

Injuries and/or illnesses on the job

Leave benefits and policies

Employee benefits and premiums

Dates/hours used of leave

Medical certifications or histories of employees or family

Leave disputes

FMLA
5 years

Summary and details of all occupational injuries/illnesses

OSHA
6 years

ERISA plan: employee benefit plan

ERISA
30 years after termination

Medical exams required by law

OSHA

Hazardous material exposure/monitoring

Indefinite

EEO-1 Reports: reports race, sex, and ethnic background by job category

Title VII

Executive Order 11246

ADA

 

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