Appendix A

Appendix A
Authored by Andrew Wampler

Wilson 1bca35f096d56ee718c45bfa7080d4cdc0dac51aa6b2e653b2ea8ce1b527da5a

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

FLSA – Fair Labor Standards Act

FMLA – Family and Medical Leave Act




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




3 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




3 years from last effective date




All employers covered by the FLSA






Sales and purchase records, by total dollar volume, weekly, month, or quarterly




3 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




2 years




All employers covered by the FLSA






Order, shipping, and billing records




2 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




2 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)








 

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 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.




1 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




 

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




3 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.




1 year; or 90 days for applicants for temporary jobs




Employers covered by ADEA






Employee benefit plans, and seniority and merit systems




1 year after termination of plan




Employers covered by the ADEA




 

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




2 years




Employers covered by the FLSA






All records required to be kept by the FLSA




3 years




Employers covered by the FLSA




 


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)




5 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




 

IRCA – Immigration Reform and Control Act of 1986




Type of records




Retention period




Coverage






Form I-9




3 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