The following is not meant to be legal advice, and is provided for information purposes.
There is a need for employers to retain employee records, but for how long. There is no single answer because it depends on the types of records.
Under the Fair Labor Standards Act (FLSA), the record-keeping requirements are either 2, 3, or 5 years depending on the records involved. Supplementary basic records such as earnings records and wage rate tables, are required to be kept for at least 2 years. Payroll records, certificates, agreements, stock plans are required to be kept for at least 3 years.
The Civil Rights Act of 1964, Title VII, Age Discrimination in Employment (ADEA), and Americans with Disabilities Act (ADA) require employers with at least 15 employees to retain employment applications or other personnel records regarding hiring, tests, promotion, transfers, demotions, layoffs, terminations for at least 1 year from the making of the records or taking of the personnel action.
The Family and Medical Leave Act (FMLA) requires record retentions on payroll and demographics for at least 3 years.
The Occupational Safety and Health Act (OSHA) requires records on job injuries and illnesses to be kept for at least 5 years.
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