11/10/2013

FEDERAL RECORD RETENTION REQUIREMENTS

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.