May 8, 2020
The length of time you must keep the records depends on the type of records involved.
Fair Labor Standards Act (FLSA):
Under the FLSA, the record-keeping requirements are either two years or three years depending on the type of record involved:
– Supplementary basic records, (i.e., basic employment and earnings records and wage rate tables), order, shipping, and billing records, and records of additions to or deductions from wages paid, are required to be kept for two years.
– Payroll records, certificates, agreements, plans, notices, and sales and purchase records, are required to be kept for three years.
Civil Rights Act of 1964, Title VII, Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA):
Under the Civil Rights Act of 1964, Title VII, and the ADA, employers with at least fifteen employees must retain applications and other personnel records relating to hires, rehires, tests used in employment, promotion, transfers, demotions, selection for training, layoff, recall, terminations of discharge, for one year from making the record or taking the personnel action, whichever is later.
The ADEA requires the retention of the same records for one year for employers with twenty or more employees.
Title VII and the ADA require that basic employee demographic data, pay rates, and weekly compensation records be retained for at least one year.
Family and Medical Leave Act (FMLA):
The FMLA requires the retention of certain records with respect to payroll and demographic information as well as information related to the individual employee’s leave of absence for three years.
Occupational Safety and Health Act (OSHA):
OSHA requires that records of job-related injuries and illnesses be kept for five years. Employers are also required to fill out and post an annual summary.
In addition, records related to medical exams along with toxic substances and blood-borne pathogen exposure must be retained for thirty years after termination of employment.
Need more information?
ESKRIDGE LAW may be contacted by phone (310/303-3951), by fax (310/303-3952) or by email (geskridge@eskridgelaw.net). Please visit our website at eskridge.hv-dev.com.
This article is based on the law as of the date posted at the top of the article. This article does not constitute the provision of legal advice, and does not by itself create an attorney-client relationship with Eskridge Law.