Adhering to the federal record retention requirements is an important first step in protecting an organization from liability. Here is an overview of the files affected by US federal regulations.
Job Advertisements and Postings
Pursuant to the Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), and Fair Labor Standards Act (FLSA), job advertisements and internal postings should be retained for a minimum of 1 year.
Resumes and Applications
The ADA, Rehabilitation Act, Title VII of the Civil Rights Act, and ADEA require employers to keep all resumes and job applications on file for 1 year. Because the ADEA further stipulates a 2-year retention period for paperwork for individuals over the age of 40 (something that may be difficult to determine and is, of course, illegal to ask), consider making it policy to hold onto all resumes and applications for that long.
Employment Action Records
Records relating to promotions, demotions, transfers, and terminations must be retained for 1 year according to the ADA, ADEA, and Title VII. While training records, in general, should also be kept on file for 1 year, those related to safety and health must be retained for 3 years in accordance with the Occupational Safety and Health Act (OSHA).
Wage and Hour Records
The FLSA and Equal Pay Act oblige you to keep basic employment and earnings records for 2 years and payroll records for 3 years.
Tax Records
Information relating to income tax withholdings must be retained for 4 years according to the Federal Insurance Contribution Act (FICA) and Federal Unemployment Tax Act (FUTA).
Retirement and Pension Records
The Employee Retirement Income Security Act (ERISA) mandates that employee benefit plan information, including summary plan descriptions (SPDs) and annual reports, be kept on file for 6 years.
Leave Records
Information relating to leaves of absence under the Family Medical Leave Act (FMLA), such as time off and medical certification, must be retained for 3 years.
I-9 Forms
Under the Immigration Reform and Control Act of 1986 (IRCA), I-9 forms must be retained for 3 years after employment begins or 1 year following termination (whichever is later).
Job-Related Illness and Injury Records
OSHA requires that information pertaining to job-related illness and injury be kept on file for 5 years. In cases of exposure to toxic substances or blood-borne pathogens, medical exam results must be retained for 30 years after the employee's termination.
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