Document
Retention Period
Beginning of Retention Period
Legal Reference
EMPLOYMENT RECORDS
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); The Age Discrimination in Employment Act of 1967 (ADEA); Americans with Disabilities Act (ADA); Genetic Information Nondiscrimination Act (GINA)
Time records (work hours, rest periods, vacation/sick/holiday, etc.)
Minimum 3 years; Minimum 6 years - records that relate to ERISA
From date of record
29 C.F.R. § 516.5; The Equal Pay Act (EPA) (minimum 2 years); Section 107 of the Employee Retirement Income Security Act (ERISA)
Performance records (performance reviews, promotions/demotions, licenses/certifications, investigations, disciplinary actions, etc.)
Minimum 3 years
From date of termination
Fair Labor Standards Act (FLSA); The Age Discrimination in Employment Act of 1967 (ADEA); Americans with Disabilities Act (ADA); Genetic Information Nondiscrimination Act (GINA)
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); The Age Discrimination in Employment Act of 1967 (ADEA); Americans with Disabilities Act (ADA); Genetic Information Nondiscrimination Act (GINA)
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)
Collective bargaining/union
Minimum 3 years
From end of agreement
29 C.F.R. § 516.5
Background checks and drug tests
Minimum 1 year; Minimum 5 years
From the date of tests
Fair Credit Reporting Act; US Department of Transportation
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); The Age Discrimination in Employment Act of 1967 (ADEA); Americans with Disabilities Act (ADA); Genetic Information Nondiscrimination Act (GINA)
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)
Tracking/recordings (biometric, geo-location, online tracking, camera recordings, etc.)
Varies based on state law
N/A
N/A
Miscellaneous 1
Employer Information Report EEO-1: Minimum 1 year
From date of termination
The Age Discrimination in Employment Act of 1967 (ADEA)
Miscellaneous 2
Labor Condition Application (LCA) Public Access File (PAF): Minimum 1 year
From the last date anyone is employed under the LCA
Labor Condition Application
Miscellaneous 3
Permanent Labor Certification Audit File: Minimum 5 years
From date of filing
Program Electronic Review Management (PERM)
BENEFIT/PENSION/EQUITY RECORDS
Benefits (plan documents, enrollment records)
Minimum 6 years
From date filed
Section 107, Employee Retirement Income Security Act (ERISA)
Pension records
Minimum 6 years
From date filed
Section 107, Employee Retirement Income Security Act (ERISA)
Equity records
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PAYROLL/WAGE/TAX RECORDS
Payroll and wage data (payslips, etc.)
Minimum 3 years; Minimum 6 years - ERISA related records
From date of record
29 C.F.R. § 516.5; The Equal Pay Act (EPA) (minimum 2 years); Section 107, Employee Retirement Income Security Act (ERISA)
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
Miscellaneous 1
Domestic Relations Orders (including all related correspondence): Minimum 6 years
From date filed
Section 107, Employee Retirement Income Security Act (ERISA)
MEDICAL/SAFETY/LEAVE RECORDS
Leave (family, medical, etc.)
Minimum 3 years
From end of record
The Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule; The Consolidated Omnibus Budget Reconciliation Act (COBRA); The Family and Medical Leave Act (FMLA)
Injury and illness incident reports
Minimum 5 years
From date of termination
The Occupational Safety and Health Act (OSHA)
Medical records
Medical surveillance records: Duration of employment plus 30 years
See retention period
The Occupational Safety and Health Act (OSHA)
Hazardous material and other exposure records
Minimum 30 years
From termination
The Occupational Safety and Health Act (OSHA)
Miscellaneous 1
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)
Ultimate Software's HR Compliance Assist team relies on a network of internal and external compliance experts and lawyers to provide clients with best practices and recommendations on topics such as HR document retention, employee data privacy, and HR electronic records. HR Compliance Assist also provides local compliance monitoring and alert services in select countries where Ultimate Software's customers have employees. HR Compliance Assist is a service exclusively available to Ultimate Software customers.
