RECORD RETENTION REQUIREMENTS
SUMMARY GUIDE
I. Documents Related to
Recruitment
| Type of Record | Retention Period | Statute |
| Job orders submitted by the employer to employment agencies, or labor organizations for recruitment of employees | One year from date of personnel action | 29 U.S.C. §626; 29 C.F.R. §1627.3 (Age Discrimination in Employment Act) |
| Job advertisements and notices to public or to employees regarding job openings, training programs, promotions, and opportunities for overtime | One year from date of personnel action | 29 U.S.C. §626; 29 C.F.R. §1627.3 (Age Discrimination in Employment Act) |
| Criteria for selection for apprenticeship programs in recognized trade or craft; chronological list of all applicant’s’ names, addresses, dates of application, sex, minority group class (race or national original); and any test papers or interview records on which hiring decisions were made | (1) Two years or period of chosen applicant’s apprenticeship, whichever is longer; or (2) One year from date of report |
42 U.S.C. §2000e8c;
29 CFR §1602 (Title VII of the Civil Rights Act of 1964) |
II. Documents Related to
Employee Selection
| Type of Records |
Retention Period | Statute |
| Written training agreements, summarizes of applicants’ qualifications, job criteria, interview records and identification of minority and female applicants | Duration of training program plus three years | 29 U.S.C. §206(d)(1); 29 U.S.C. §211; 29 C.F.R. §516.5 (Fair Labor Standards Act and National Labor Relations Act) |
| Test appears and results from employment test | One year from date of personnel action | 29 U.S.C. §626;29 C.F.R. §1627.3 (Age Discrimination in Employment Act) |
| Results in physical examinations | One year from date of personnel action | 29 U.S.C. §626; 29 C.F.R. §1627.3 (Age Discrimination in Employment Act) |
| Promotion, demotion, transfer, selection for training, layoff, recall or discharge | One year from date of personnel action | 29 U.S.C. §626; 29 C.F.R. §1627.3 (Age Discrimination in Employment Act) |
| Hiring documents, including job applications, resumes, job inquiries, and records of refusals to hire | One year from date of personnel action | 29 U.S.C. §62; 29 C.F.R. §1627.3 (Age Discrimination in Employment Act) |
| Application forms and other preemployment records of applicants for temporary positions | One year after personnel action | 29 U.S.C. §626; 29 C.F.R. §1627.3 9Age Discrimination in Employment Act) |
| All personnel or employment records including application forms, resumes, other hiring records; records regarding promotion, demotion, transfer, layoff, discharge, pay rates, or other compensation terms | One year from date records made or personnel action taken, whichever is later | 42 U.S.C. §2000e8c; 29 C.F.R. §1602.14 (Title VII of the Civil Rights Act of 1964) |
| INS form I-9 Employment Eligibility Verification Form | Three years after date of hire or one year after date of termination, which is later | 8 U.S.C. §1324a (Immigration and Nationality Act). |
| Employers having 100 or more employees, EEO-I Form | Copy of most recent report for each reporting unit must always be retained. | 42 U.S.C. §2000e8c; 29 C.F.R. §1602 (Title VII of the Civil Rights Act of 1964) |
| Written affirmative action program with supporting documents, including evaluations, documents regarding compliance with EEO antidiscrimination and affirmative action regulations, test records and results. (Government contractors with 150 or more employees and contractors of $150,000 or more) |
Retention period not specified. It is nonetheless suggested that these
records be retained for at least five years (Under MN law, these records must be submitted every 2 years for renewal) |
Executive Order No. 11246 41 C.F.R. §60-1.4(a)
Minn. Stat. §363.073(1) |
III. Documents Related to
Compensation of Employees
| Type of Records |
Retention Period | Statute |
| Payroll records, collective bargaining agreements, including any changes, individual contracts, written agreements under the FLSA, sales and purchase records, and certificates and notices of the Wage and Hour Administrator | Three years | 29 U.S.C. §206(d)(1); 29 U.S.C. §211; 29 C.F.R. §516.5 (Fair Labor Standards Act and National Labor Relations Act) |
| Supplementary basic records including basic employment and earnings records; wage and rate tables utilized to calculate straight time and overtime work schedules; work-time schedules; order, shipping and billing records; records of additions to, or deductions from wages paid; records used for determining costs; and records explaining basis for payment of any wage differential to employees of the opposite sex | Two years | 29 U.S.C. §206(d)(1); 29 U.S.C. §211;29 C.F.R. §§516.6 and 1620.32 (Fair Labor Standards Act and National Labor Relations Act) |
| Certificates of Age | Until termination of employment | 29 U.S.C. §206(d)(1); 29 U.S.C. §211; 29 C.F.R. §570.6 (Fair Labor Standards Act and National Labor Relations Act) |
| Payroll or other records containing name, address, birthdate, occupation, pay rate and weekly compensation | Three years | 29 U.S. C. §626; 29 C.F.R. §1627.3 (Age Discrimination in Employment Act) |
| Payroll records including name, address, job category, pay rate, weekly number of hours worked, deductions made, and wages paid | Three years from completion of contract | 40 U.S.C. §276a; 29 C.F.R. §5.5 (Davis-Bacon Act) |
| Name, address, and occupation of each employee | Three years | Minn. Stat. 177.30(1) (Minnesota Fair Labor Standards Act) |
| Rate of pay and amount paid each pay period to each employee | Three years | Minn. Stat. 177.30(2) (Minnesota Fair Labor Standards Act) |
| Hours worked each day and each work week for each employee | Three years | Minn. Stat. 177.30(3) (Minnesota Fair Labor Standards Act) |
IV. Documents Related to
Employee Benefit Plans
| Type of Records |
Retention Period | Statute |
| Employee benefit plans (such as pension or insurance plans); seniority and merit systems which are in writing | Duration of plan and for at least one year after plan's termination | 29 U.S.C. §626; 29 C.F.R. §1627.3 (Age Discrimination in Employment Act) |
| Basic information supporting plan descriptions including vouchers, worksheets, receipts, applicable resolutions and participants’ elections and deferrals | Six years after filing date of documents | Employee Retirement Income Security Act of 1974 §107 |
| Retain a signed and dated notation in each employee file (a) documenting the dates on which the employee was given each required reporting and disclosure document relating to an employer-sponsored benefit plan; and (b) the manner of deliver. Keep in a master file (instead of in each employee file). | Indefinitely | Employee Retirement Income Security Act of 1974 §209 |
| Beneficiary designation and distribution election forms for retirement plans. | For distribution to participants, three years following distribution. For distribution to a beneficiary, indefinitely. | Employee Retirement Income Security Act of 1974 |
| Any correspondence, inquiries or notes relating to individual eligibility determinations | Indefinitely | Employee Retirement Income Security Act of 1974 §209 |
| Wage and hour records for the purpose of determining retirement benefits. | Indefinitely; alternatively six years following date of lump sum distribution. | Employee Retirement Income Security Act of 1974 and the Fair Labor Standards Act |
| Copies of each document for referral purposes. examples of reporting and disclosure documents are COBRA notices, summary plan descriptions and summary annual reports. | Indefinitely | Employee Retirement Income Security Act of 1974 |
V. Documents Relating to
Employee Exposure to
Toxic Substances
| Type of Records |
Retention Period | Statute |
| Log and summary of occupational injuries and illnesses (OSHA form No. 200) | Five years following end of year to which records relate | 29 U.S.C. §657; 29 C.F.R. §1904.2 (Occupational Safety and Health Act) |
| Supplemental record for each occupational injury or illness (OSHA form No. 101) | Five years | 29 U.S.C. §657; 29 C.F.R. §1904.4 (Occupational Safety and Health Act) |
| Annual summary of occupational injuries and illnesses | Five years | 29 U.S.C. §657; 29 C.F.R. §1904.5 (Occupational Safety and Health Act) |
| Records of medical examinations required by law | Duration of employment plus thirty years, unless OSHA requirements provide otherwise | 29 U.S.C. §657; 29 C.F.R. §1910.1020 (Occupational Safety and Health Act) |
| Records of monitoring exposure to hazardous materials | Thirty years | 29 U.S.C. §657; 29 C.F.R. §1910.1020 (Occupational Safety and Health Act) |
| Manufacturers, processors, or distributors of any chemical substance must retain records of employees’ "significant adverse reactions" to health or the environment. | Thirty years from date such adverse reaction first reported to or known by person maintaining record | 15 U.S.C. §2607 (Toxic Substances Control Act) |
| Any other records of such adverse reactions | Five years from date first reported to or known by person maintaining the record | 15 U.S.C. §2607 (Toxic Substances Control Act) |
| Consumer allegations of personal injury or harm to health, reports of occupational disease or injury and reports or complaints of injury to the environment submitted to the manufacturer, processor, or distributor from any source | Thirty years for employee claims of occupational disease or occupational health problems | 15 U.S.C. §2607 (Toxic Substances Control Act) |
VI. Documents Related to
Drug and Alcohol Testing
| Type of Records |
Retention Period | Statute |
| Records related to positive test results and/or refusals to take a required alcohol and/or controlled substances test; driver evaluation and referrals | Five years | 49 C.F.R. §382.401 (Controlled Substances and Alcohol Use and Testing) |
| Equipment calibration documentation, records related to administration of alcohol and controlled substances testing programs, copy of annual calendar year summary | Five years | 49 C.F.R. §382.401 (Controlled Substances and Alcohol Use and Testing) |
| Records related to the collection process, including collection logbooks; documents relating to the random selection process, reasonable suspicion testing, post-accident testing; documents verifying employee’s inability to provide breath for testing | Two years | 49 C.F.R. §382.401 (Controlled Substances and Alcohol Use and Testing) |
| Records related to negative and cancelled test results | One year | 49 C.F.R. §382.401 (Controlled substances and Alcohol Use and Testing) |
| Records related to breath - alcohol testing related training | Two years | 49 C.F.R. §382.401 (Controlled Substances and Alcohol Use and Testing) |
VII. Documents Related to
Discrimination Charge
| Type of Records |
Retention Period | Statute |
| Personnel records concerning any discrimination charge brought by any agency or individual (e.g., records about charging party and all other employees holding similar positions, application forms, or test papers completed by all applicants for same position) | Until final disposition | 42 U.S.C. §2000e8c; 29 C.F.R. §1602 (Title VII of the Civil Rights Act of 1964) |
| In action brought against employer, any personnel records concerning employee or applicant | Until final disposition | 29 U.S.C.§626; 29 C.F.R. §1627.3 (Age Discrimination in Employment Act) |
VIII. Documents Related to
Disability Discrimination Charges
| Type of Records |
Retention Period | Statute |
| Records concerning complaints of handicap discrimination, (in programs and activities receiving or benefitting from federal financial assistance) and relevant employment records of charging party and employees in similar positions. | Three years | 29 U.S.C. §793; 41 C.F.R. §60-741.81 (Rehabilitation Act of 1973) |
| Any personnel or employment record made or kept by an employer concerning an individual with a disability (e.g., request for reasonable accommodation, application forms, and other records having to do with hiring, promotion, demotion, transfer, layoff or termination, rates of pay or compensation, and selection for training or apprenticeship) | One year from the date the record is made or the personnel action involved is taken, whichever occurs later | 29 C.F.R. §1602.14 (Americans with Disabilities Act) |
| Personnel records of an individual whose employment has been involuntarily terminated | One year from the date of the termination | 29 C.F.R. §1602.14 (Americans with Disabilities Act) |
| Personnel records concerning a charge of discrimination filed or an action brought against an employer under Title VII or the ADA | Until final disposition of the charge or the action (the date of expiration of the statutory period within which the aggrieved person may bring an action in U.S. District Court or the date such litigation is terminated) | 29 C.F.R. §1602.14 (Americans with Disabilities Act) |
IX. Documents Related to
Employee Leaves of Absence
| Type of Records |
Retention Period | Statute |
| Basic payroll and identifying employee data, including name, address, occupation, rate of pay and terms of compensation, daily and weekly hours worked per pay period and additions or deductions from wages | Three years | 29 U.S.C. §2616; 29 C.F.R. §825.500. (Family and Medical Leave Act of 1993) |
| All records pertaining to compliance with FMLA’s leave requirements, including dates and hours (if less than a full day) of FMLA leave; copies of employer notices, documents describing premium payments and employee benefits and records of disputes with employees over FMLA benefits. | Three years | 29 U.S.C. §2616; 29 C.F.R. §825.500. (Family and Medical Leave Act of 1993) |
| Documents describing FMLA notices and copies of employer’s FMLA policy | Three years | 29 U.S.C. §2616; 29 C.F.R. §825.500. (Family and Medical Leave Act of 1993) |