TYPE OF RECORD
Personnel Action Records
(Hiring, promotion, ads, tests, termination, etc.)
STATUTE
Civil Rights Act
MINIMUM RETENTION
1 year or until disposition of charge
TYPE OF RECORD
Basic Employment and Earnings Records
STATUTE
FLSA Equal Rights
MINIMUM RETENTION
2 years
TYPE OF RECORD
Payroll Records
STATUTE
FLSA Equal Pay Act ADEA Child Labor
MINIMUM RETENTION
3 years
TYPE OF RECORD
FMLA Records
STATUTE
FMLA
MINIMUM RETENTION
3 years
TYPE OF RECORD
I-9 Forms
STATUTE
IRCA
MINIMUM RETENTION
3 years or 1 year after termination
TYPE OF RECORD
Certificates of Age
STATUTE
FLSA Child Labor
MINIMUM RETENTION
3 years after termination
TYPE OF RECORD
Government Contracts
STATUTE
Service Contract Act
Davis-Bacon Act
Public Contracts Act
MINIMUM RETENTION
3 years from date of contract completion
TYPE OF RECORD
Occupational Injury and Illness Record
STATUTE
OSHA
MINIMUM RETENTION
5 years (longer periods may be imposed for exposure and medical records)
TYPE OF RECORD
Sponsors of Apprenticeship Program
STATUTE
Apprenticeship Act
MINIMUM RETENTION
5 years
TYPE OF RECORD
Positive Drug Test Records (Drivers)
STATUTE
DOT Regulations
MINIMUM RETENTION
5 years
TYPE OF RECORD
Summary Plans and Reports on Benefit Plans
STATUTE
ERISA
MINIMUM RETENTION
6 years
TYPE OF RECORD
EEO-1 Reports
STATUTE
Civil Rights Act
MINIMUM RETENTION
Indefinitely
In most instances, employers should keep these records for longer periods than required by law. In particular, working files on active employees should normally be maintained throughout each individual's employment and for up to three years thereafter.
Always consult legal counsel before taking any action.