General Record Keeping Requirements in U.S. Workplace Law
The number in the grid below represents the maximum number of years any federal law requires keeping the type of records described in the left-hand column.
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Type of employee record | Years to keep records |
Hiring & Personnel Action Information | |
Job applications, resumes, other replies to advertisements | Normally, 1 year from the date of record. However, to include some exceptions, 2 years from last action recommended |
Records relating to refusal or failure to hire, including test papers, medical tests, and/or other screening tools | Same as above |
Job orders submitted employment agency or labor unions | Same as above |
Advertisements or notices to the public or employees about openings, promotions, and/or training opportunities | Same as above |
Records showing impact of employment actions on protected Same groups, including selections, promotions, demotions, layoffs and recalls, termination, transfers, and opportunities for training or overtime work | Same as above |
Compensation Program Information | |
Documents concerning merit or seniority systems | Two years |
Explanations of any wage differences for employees of the Same opposite sex | Same as above |
Job evaluations and job descriptions | Same as above |
Wage rate tables | Same as above |
Collective bargaining agreements and individuals contracts | Same as above |
Benefits Programs Information | |
All records supporting disclosures required in reports to the Internal Revenue Service, Department of Labor and Pension Benefit Guaranty Corporation | Six years from the date report filed |
Plan description | One year from termination of plan |
Basic Employee Data | |
Name, addresses, SSN, gender and date of birth | Four years following last action |
Occupation, job classification | Same as above |
Work authorization, and work permits for minors | Same as above |
Work authorization, and work permits for minors | One year from termination |
I-9 | One year from termination, or 3 years; whichever is longer |
Compensation | |
Daily work schedule | Three years from last action |
Pay rate | Three years from last action |
Weekly compensation | Three Years |
Amounts and dates of actual payment; period of service covered | Four years |
Daily & weekly hours | Four years |
Straight time & overtime hours & pay | Four years |
Annuity & pension payments | Four years |
Accident & health plan payments | Four years |
Fringe benefits paid | Four years |
Tips | For years |
Deductions and additions | Four years |
Tax Records | |
Amounts of wages subjected to withholdings | Four years |
Agreements with employee to withhold additional taxes | Four years |
Actual taxes withheld and dates withheld | Four years |
Reasons for any difference between total tax payments and actual tax payments | Four years |
Withholding form (W-4) | Four years |
Employment Actions | |
Dates hired, separated, rehired, resumed, reason for separation | One year from date of action |
Promotions, demotions, transfers, layoffs, recalls, and training opportunities | One year from date of action |
Aptitude, ability, medical or other tests used in in employment actions | One year from date of action |
Polygraph test results & records, including reasons for administering | Three years from the date of action |
Health, Medical and Safety Data | |
Job related injuries and illnesses | 5 calendar years after record is made |
Requests for accommodation of disability | 1 year from last action |