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Online Law Newsletter: Employment Law

How Long Should You Keep Your Records?

Summary of retention periods for business records
a. Legally Mandated
b. Recommended

Legally Mandated:

Records Law requires you to retain it for at least:
Records of employee exposure to hazards such as toxic chemicals, high levels of noise, airborne contaminants, or blood-borne pathogens 30 years after termination of employment
California income tax records 6 years for some records; indefinitely for others
ERISA records 5 years
The OSHA Log 200 and annual summaries of occupational injuries and illnesses 5 years after the date of injury or date on which compensation benefits were last provided, whichever is later
An open claims file for each work-injury claim, including claims that were denied 2 years after claim is closed or five years after the date of injury, whichever is later
Closed claim files: original paper files (even if microfilmed for storage) 5 years
A claim log of all work-injury claims 5 years
Back-up documentation for any Labor Management Reporting and Disclosure Act report filed with the Secretary of Labor Entire time it is in effect plus 4 years
Employee's W-4 Form (withholding exemption certification) Entire time it is effect plus 4 years
Social Security and Medicare records 4 years after the date the tax is due or paid, whichever is later
Unemployment insurance records: Any information needed to enable employer to determine employee's total remuneration in each week 4 years after the date the tax is due or paid, whichever is later
Payroll records 3 years
Federal income tax records 3 years, but in some instances up to 15 years
Federal Family and Medical Leave Act Records 3 years
California Family Rights Act Records 2 years
INS Form 1-9 3 years or for one year after termination of employment, whichever is longer
Polygraph examination records 3 years after date of examination
Employee notices 3 years
Retirement, pension and insurance plans, trusts, and collective bargaining agreements 3 years
Sales and purchase records 3 years
Contractors subject to the Service Contract Act and the Davis-Bacon Act: All wage and hour records 3 years
Contractors subject to the Walsh-Healey Act: Wage and hour records for covered employees and other records for emplyees under age 19 2 years
Work-time schedules and other records, permits, or certificates relating to the employment of minors 2 years
Records needed to prepare California 2 years after the date the CEIR is prepared
Personnel or employment records regarding: Hiring; promotion; demotion; selection for training, transfer layoff or termination; job advertisements; job applications; job descriptions; test papers; physical examinations; seniority; merit systems; etc. 2 years
Affirmative action records required by the Office of Federal Contract Conmpliance Programs 1 year
Records of gratuities received by employer Retention period not specified
Every contractor or subcontractor performing a public works project must keep an accurate record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or employee employed in connection with the project Retention period not specified

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Recommended:
Certain personnel records that should be maintained for periods even longer than those mandated by law or by statues of limitation. California Labor Code 1198.5 allows an employee to inspect (1) personnel records that are, or were, used to establish the employee's qualifications for employment, promotion, or additional compensation, or for termination or other disciplinary actions and (2) a "desk file" on employees retained by a supervisor.

Type of Record Law requires you to retain it for at least:
Applications for employment and offer letters Permanent
Records of all changes in salary and position since date of hire Permanent
Forms signed by employees to secure benefits and forms reflecting changes in beneficiary and in coverage 7 years; permanent for pension records
Attendance records 3 years
Performance evaluations Permanent
Forms signed by employees expressing adherence to employer's policies Permanent
Awards to employees Permanent
Letters praising employees' performances 5 years
Disciplinary actions 5 years
Records of employer's property issued to employee For duration of employment
Records of training, including injury and illness prevention program taining, provided to employee 1 year; some permanent
Verification of employees' references 3 years
Verification of employment provided to subsequent prospective employers 3 years
Requests for transfer 5 years
Records of leaves of absence taken 5 years
Wage attachments/garnishment notices 6 years
Notices of union membership, dues check off Permanent
Education records Permanent
Records of termination and reasons therefore Permanent

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