Federal Law
Records to Retain
Retention Period
Walsh-Healey
  • Basic employment and wage/hour records
  • 2 years from last entry
  • Employee information and wage/hour records of employees under 19 years of age
  • 3 years from last entry
ERISA
  • Supporting documents of plan or reports
  • 6 years after filing documents
  • Employee/beneficiary records relevant to benefits
  • Duration of plan participation
OSHA
  • Log of injuries and illnesses and supplemental records (OSHA Forms 200 and 101)
  • 5 years beyond year log refers to
  • Legally required medical exam records
  • 30 years beyond termination
  • Records of monitoring of exposure to hazardous materials
  • 30 years
Toxic Substances Control Act
  • Manufacturers, processors or distributors of any chemical substance must retain records of employees’ significant adverse reactions to health or the environment
  • 30 years from date such adverse reaction first reported or known by person maintaining records
  • Any other records of such adverse reactions
  • 5 years from date first reported or known by person maintaining records
  • Records must include consumer allegations of personal injury or harm to health, reports of occupational disease or injury and reports of complaints of injury to the environment submitted to the manufacturer, processor, or distributor from any source
  • 30 years for employee claims of occupational disease or occupational health problems
Rehabilitation Act
  • Personnel records of handicapped applicants and employees
  • 1 year minimum
  • Records relevant to legal actions
  • 1 year or resolution of action
Vietnam Veterans
  • Documents and reports on disabled/non-disabled veterans hired, job opening, recruitment
  • 1 year after completion of government contract
  • Records relevant to complaints or legal actions
  • 1 year
IRCA
  • I-9 forms
  • 3 years from date of hire or 1 year after termination, whichever is later
ADA
  • Same as Title VII personnel record and discrimination charge requirements
Executive Order 11246
  • Affirmative Action programs with supporting documentation and related EEO documents including test validity and results
Not specified, recommend 5 years
FLSA
  • Basic employee information, payroll and collective bargaining agreements
  • 3 years
Equal Pay Act
  • Time cards, wage rate tables and merit/seniority system records
  • 2 years
  • Wage paid and pay practices
  • 3 years
Davis Bacon Act
  • Payroll records
  • 3 years after completion of contract
Title VII
  • Personnel records used in hiring, promotion/demotion, termination, and compensation
  • 1 year from date of personnel action
  • Records relevant to a discrimination charge (includes records of charging party and other employees/applicants in same or similar position)
  • Until charge is resolved
  • Records of apprenticeship programs including applicant names, addresses, sex, minority ID
  • 2 years from receipt of application or length of apprenticeship program, whichever is sooner
ADEA
  • Personnel records used in hiring, promotion/demotion, termination; job orders and job applications; employment test results; and employee notices regarding training programs and overtime work opportunities
  • 1 year from date of personnel action; 90 days for applicants and test results on temporary employees
  • Benefit plans, seniority or merit systems
  • Period of plan plus 2 years beyond termination
  • Records relevant to legal action
  • Until action is resolved
State Law
Records to Retain
Retention Period
Connecticut Personnel Files Law (C.G.S. § 31-128b)
  • Personnel and medical records
  • At least one year after termination
    Note: As of 10/1/01, medical records must be retained for at least three years following termination (P.A. 01-55)
Connecticut Wage and Hour Laws (C.G.S. § 31-66, 31-13a) and Regulations
  • Employee’s name, address and position;
  • Total daily and weekly hours worked showing beginning and ending of each work period;
  • Total hourly, daily or weekly base wage;
  • Overtime wages;
  • Deductions from wages;
  • Total wages paid each pay period; and
  • Minors’ work certificates
  • 3 years
Safety Committee Law (C.G.S. § 31-40v) and Regulations
  • Committee meeting minutes and attendance records
  • 3 years
Connecticut Dept. of Revenue Services (regulations)
  • Employee’s name, address, SSN;
  • Amounts and dates of payments subject to withholding;
  • Dates of employment;
  • Amounts paid by pay period;
  • Quarterly and annual returns;
  • W-4 forms, statements filed with DRS
4 years*

*The federal Internal Revenue Service has a similar 4-year record retention guideline. However, because the IRS can extend this deadline as long as records are relevant to a tax filing, most employers keep such records at least seven years (the usual period for an audit).