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United States of America |
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RETENTION PERIOD |
BEGINNING OF RETENTION PERIOD |
LEGAL REFERENCE |
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EMPLOYMENT RECORDS |
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Contracts (new hire agreements, severance, etc.) |
Minimum 3 years (employment history related records minimum 2 years from term. or personnel action) |
From date of termination |
Fair Labor Standards Act (FLSA); |
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Time records (work hours, rest periods, vacation/sick/holiday, etc.) |
Minimum 3 years |
From date of record |
29 C.F.R. § 516.5; |
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Performance records (performance reviews, promotions/demotions, licenses/certifications, investigations, disciplinary actions, etc.) |
Minimum 3 years |
From date of termination |
Fair Labor Standards Act (FLSA); |
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Data and personnel files |
Minimum 3 years (employment history related records minimum 2 years from term. or personnel action) |
From date of termination |
Fair Labor Standards Act (FLSA); |
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Government verification records (work papers, immigration, eligibility to work, etc.) |
Minimum 3 years from date of hire and 1 year from termination |
See retention period |
Labor Condition Application (LCA) |
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Collective bargaining/union |
Minimum 3 years |
From end of agreement |
29 C.F.R. § 516.5 |
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Background checks and drug tests |
Minimum 1 year |
From the date of tests |
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Acknowledgements, policy agreements and required notices |
Minimum 3 years (employment history related records minimum 2 years from term. or personnel action) |
From date of termination |
Fair Labor Standards Act (FLSA); |
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Recruitment (interview notes, resumes/CVs, reference checks, etc.) |
Minimum 1 year (including employment tests and physical exam records) |
From the date of record |
The Age Discrimination in Employment Act of 1967 (ADEA) |
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Tracking/recordings (biometric, geo-location, online tracking, camera recordings, etc.) |
Varies based on state law |
N/A |
N/A |
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Employer Information Report EEO-1 |
Minimum 1 year |
From date of termination |
The Age Discrimination in Employment Act of 1967 (ADEA) |
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Labor Condition Application (LCA) Public Access File (PAF) |
Minimum 1 year |
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Labor Condition Application |
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Minimum 5 years |
From date of filing |
Program Electronic Review Management (PERM) |
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BENEFIT/PENSION/EQUITY RECORDS |
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Benefits (plan documents, enrollment records) |
Minimum 6 years |
From date filed |
Section 107, Employee Retirement Income Security Act (ERISA) |
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Pension records |
Minimum 6 years |
From date filed |
Section 107, Employee Retirement Income Security Act (ERISA) |
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Equity records |
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PAYROLL/WAGE/TAX RECORDS |
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Payroll and wage data (payslips, etc.) |
Minimum 3 years |
From date of record |
29 C.F.R. § 516.5; |
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Tax records |
Minimum 4 years (employee tax records) |
From date taxes are due or paid |
26 C.F.R. §§ 31.6001-1, 31.6001-5 |
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Domestic Relations Orders (including all related correspondence) |
Minimum 6 years |
From date filed |
Section 107, Employee Retirement Income Security Act (ERISA) |
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MEDICAL/SAFETY/LEAVE RECORDS |
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Leave (family, medical, etc.) |
Minimum 3 years |
From end of record |
The Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule; |
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Injury and illness incident reports |
Minimum 5 years |
From date of termination |
The Occupational Safety and Health Act (OSHA) |
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Medical records |
Medical surveillance records: Duration of employment plus 30 years |
See retention period |
The Occupational Safety and Health Act (OSHA) |
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Hazardous material and other exposure records |
Minimum 30 years |
From termination |
The Occupational Safety and Health Act (OSHA) |
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Requests for medical accommodations |
Minimum 1 year from date of record, date of termination, or personnel action, whichever is later |
See retention period |
Americans with Disabilities Act (ADA) |
