Workplace Recordkeeping Requirements

12.01.2022

HR & Safety

Various state and federal laws require employers to retain workplace records for a certain period of time.

Other laws mandate that employers post notices in the workplace.

Failure to maintain records or post required notices can result in significant monetary penalties.

The chart below lists the records that employers are required to maintain and the period to do so. Note that not all employers are subject to every statute listed in the chart.

Federal Law	Records to Retain	Retention Period
Walsh-Healey	Basic employment and wage/hour records	Three years from employee’s last entry
	Employees under 19 years of age basic information and wage/hour records	Three years from employee’s last entry
ERISA	Supporting documents of plans or reports	Six years after filing documents
	Beneficiary records relevant to benefits due or may become due	Unexpressed in the statute; employers should maintain for the duration of beneficiaries’ plan participation
OSHA	Log of injuries and illnesses (OSHA Forms 300, 300A, 301)	Five years beyond year log refers to
	Records monitoring exposure to hazardous materials and medical exam records	Duration of employment plus 30 years
Toxic Substances Control Act	Records that were reported to the EPA	For at least 3 years after the last day of the reporting year but are encouraged to retain the records longer
	Records of adverse health reactions of employees	For 30 years from the date reactions were first reported or known
	Other records of adverse reactions	For five years from the date reactions were first reported or known
Rehabilitation Act	Personnel records of disabled applicants and employees	Two years from the date of making the record or personnel action involved, whichever occurs later
	Personnel records of disabled applicants and employees and the employer has fewer than 150 employees or does not have a government contract of at least $150,000	One year from the date of making the record or personnel action involved, whichever occurs later
	Records relevant to legal actions	Relevant records must be preserved until the final disposition of the action
	Affirmative action data and initiatives	Three years from the date of making the record
Vietnam Era Veterans’ Readjustment Assistance Act	Documents and reports on veterans hired, requests for reasonable accommodations	Two years from the date of making the record or personnel action involved, whichever occurs later
	Documents and reports and the employer has fewer than 150 employees or does not have a government contract of at least $150,000	One year from the date of making the record or personnel action involved, whichever occurs later
	Records relevant to complaints or legal actions	Relevant records must be preserved until the final disposition of the action
	Affirmative action data, initiatives, and benchmarks for veteran hiring	Three years from the data of making the record
IRCA	I-9 form and certificate copy	Three years from the date of hire or one year after termination, whichever is later
ADA, Title VII, GINA	Personnel records	One year from the date of making the record or personnel action, whichever occurs later
	Records relevant to a discrimination charge (including records of all other employees holding positions similar to that held or sought by the aggrieved person)	Relevant records must be preserved until the final disposition of the charge
	Records of apprenticeship programs including applicant names, addresses, sex, minority ID	Two years from receipt of application or length of apprenticeship program, whichever is longer
Executive Order 11246	Affirmative Action Program (AAP) documentation	Supply and service contractors must maintain current year AAP documentation and preserve for at least one year
	Documentation of the 16 affirmative action specifications16 affirmative action specifications	Construction contractors must retain records for an unspecified time; it is recommended five years
	Personnel or employment records	Two years from the date of making the record or personnel action involved, whichever occurs later
	Personnel records and the employer has fewer than 150 employees or does not have a government contract of at least $150,000	One year from the date of making the record or personnel action involved, whichever occurs later
FLSA	Basic employee information, payroll, and collective bargaining agreements	Three years
	Wage computation information including timecards, wage rate tables, etc.	Two years
FMLA	Basic employee information including payroll	Three years
	Dates and hours of FMLA taken by eligible employees, copies of written notices given to employees and leave notices, premium payments	Three years
Equal Pay Act	Time cards, wage rate tables, and merit/seniority system records that explain the basis of wage differential to employees of the opposite sex	Two years
	Payroll, certificates, sales, and purchase records	Three years
Davis Bacon Act	Payroll and basic records	Three years after completion of contract
ADEA	Any employee benefit plan, seniority, or merit system	Full period the plan is in effect and for at least one year after termination
	Payroll records	Three years
	Personnel records used in employment action	One year after the record is made or personnel action is taken, whichever is later
	Personnel records used in employment action (temporary position)	90 days after the personnel action
	Records relevant to legal action	Until action is resolved
State Law	Records to Retain	Retention Period
CT Personnel Files Law	Personnel Files	At least one year after termination of the employee
	Medical Records	At least three years following termination of the employee
CT Wage & Hour Laws & Regulations	Wages paid with supporting documents and minors’ work certificate	Three years
CT Safety Committee Law & Regulations	Safety committee meeting minutes and attendance records	Three years
CT Dept. of Revenue Services Regulations & IRS guidance	Employee’s name, address, SSN; Dates of employment; Wages paid with supporting documentation; W-4 forms and statements filed with the DRS; Quarterly and annual return	At least four years; employers should consider keeping records for at least six years as that is the usual maximum period for an IRS audit