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National Summary
There are a wide range of federal and state laws that require employers to retain employee records for a specified period of time. Federal laws with such requirements include everything from the Fair Labor Standards Act (FLSA) to Title VII of the Civil Rights Act of 1964, as amended in 1991. The records that must be kept include everything from wage and hour information, I-9 forms, and records related to job applicants. In addition to the requirements that are generally applicable, there are laws requiring employers in certain industries or occupations to maintain additional records related to their employees. Employers must be aware of requirements specific to their industry and any additional state law requirements as well.
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1184timesavers.aspxPolicies Access to Medical Records Policy (Standard)  National
1194timesavers.aspxPolicies Access to Personnel Files Policy (Standard)  National
18311timesavers.aspxChecklists Access to Personnel Records/Confidentiality Checklist  National
75247training.aspxHandouts All About Recordkeeping (PDF) (Handout)  National
75248training.aspxQuizzes All About Recordkeeping (Quiz)  National
76504training.aspxTraining Talks All About Recordkeeping (Training Talk)  National
92232faqs.aspxQuestions & Answers Can we destroy original employee records after scanning and storing them electronically? 09/05/2012National
88387faqs.aspxQuestions & Answers Can we keep E-Verify documents in an employee's personnel file? 06/21/2011National
86832faqs.aspxQuestions & Answers Can we store employee medical files electronically? 04/11/2011National
90226faqs.aspxQuestions & Answers Do employers have to keep I-9 forms in separate files that are secured? Do we have to keep copies of supporting documents like passports, driver's licenses, etc? 10/17/2011National
81967faqs.aspxQuestions & Answers Do we have to keep W-4 forms separate from other records? My understanding is that all payroll tax records must be kept in a convenient and safe location and available for inspection. 03/22/2010National
82540faqs.aspxQuestions & Answers Do you have information on record keeping requirements under federal law and New Jersey law? 06/18/2010National
82276faqs.aspxQuestions & Answers Do you have information on the proposed FLSA recordkeeping rules concerning exempt employees? 05/12/2010National
86825faqs.aspxQuestions & Answers Does a national company follow federal or state (or both) recordkeeping laws? Are there penalties for not retaining the records required? 04/11/2011National
75554state_comparison_charts.aspxGuidance EEOC Q&A: Revisions to the EEO-1 Report  National
75555state_comparison_charts.aspxGuidance EEOC Q&A: Implementation of Revised Race and Ethnic Categories  National
75556state_comparison_charts.aspxGuidance EEOC's Instruction Booklet for the Revised EEO-1 Survey Report  National
75557state_comparison_charts.aspxGuidance EEOC's Job Classification Guide for the EEO-1 Survey Report beginning in 2007  National
1976timesavers.aspxChecklists Employee Records Checklist  National
91074state_comparison_charts.aspxGuidance Employee Records: Access, by State  National
91439state_comparison_charts.aspxGuidance Employee Records: Access, by State (PDF)  National
1982state_comparison_charts.aspxGuidance Employee Records: Retention, by State  National
91417state_comparison_charts.aspxGuidance Employee Records: Retention, by State (PDF)  National
79438timesavers.aspxForms Employment Eligibility Verification (I-9 Form, Rev. 03/08/13)  National
75666state_comparison_charts.aspxGuidance Federal Register Notice Describing Revisions to EEO-1 Report (11/28/05)  National
75558timesavers.aspxForms Final EEO-1 Form, beginning 2007, Section D (SF 100)  National
80649faqs.aspxQuestions & Answers For EEO-1 purposes, must an employer report if the workforce fluctuates above and below 100? 09/01/2009National
82550faqs.aspxQuestions & Answers How long do we need to keep I-9 forms and supporting documentation? Also, what does Wisconsin law say about employee access to personnel files? 06/21/2010National
87669faqs.aspxQuestions & Answers How long does our client need to retain employee records for all past employees? 05/18/2011National
83054faqs.aspxQuestions & Answers How long is an employer legally required to keep employment applications for non-hires? 08/03/2010National
85016faqs.aspxQuestions & Answers How should we organize personnel files? How long do we need to keep background check results? 01/25/2011National
81332faqs.aspxQuestions & Answers I am an employer in the state of New Jersey with over 100 employees. My company is looking to "go green" with a document storage system. We would like to know what HR files we would be required to still maintain a paper/hard copy of? 12/10/2009National
80494faqs.aspxQuestions & Answers I am looking for information that would give me some record retention guidelines for various compensation and benefits items. 08/14/2009National
93443faqs.aspxQuestions & Answers I am searching for a records retention schedule for hr records. 04/18/2013National
80927faqs.aspxQuestions & Answers I just received a subpoena from an attorney's office for a "complete set" of a former employee's personnel files. This is an issue we've never had to deal with before. What kinds of information am I obligated to provide? 10/07/2009National
82166faqs.aspxQuestions & Answers In Mississippi - An ex-employee that was a truck driver has requested a copy of his DOT long form where we, as the employer, paid for him to have his DOT medical card renewed. By law, what are we obligated to do? 04/26/2010National
82549faqs.aspxQuestions & Answers In Wisconsin - How long must we keep I-9 forms? Does an employee have a right to see his personnel file at any time? 06/21/2010National
83457faqs.aspxQuestions & Answers Is it better to keep personnel files in a central location or on-site locally? 10/04/2010National
85532faqs.aspxQuestions & Answers On our Emergency Contact Data Sheet given to employees, we ask about Blood Type. Under GINA, is this still legal or is it considered PHI? 02/16/2011National
79537timesavers.aspxChecklists Personal Information Security Checklist  National
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