Records Retention

  Longest Retention Period  
Personnel Data Category 3 Years 4 Years 5 Years 6 Years Info Laws Requiring Retention

Recruitment, Hiring and Job Placement Records

  • Job applications
  • Resumes
  • Other job inquiries sent to employer
  • Employment referral records
  • Help wanted ads
  • Opportunities for training, promotion or overtime
  • Job opening notices sent to employment agencies or labor unions
  • Employment testing results
  • Salary information (pay rates, market factors, job classifications)
  • Terms and conditions of employment

3 years

Title VII
FEHA
ADA
ADEA
GINA
Cal. Fair Pay Act

Employee Wage Records

  • Time cards
  • Wage rate calculation tables for straight time and overtime
  • Shift schedules
  • Individual employees' hours and days
  • Piece rates
  • Records explaining wage differentials between sexes
  • Employment contracts
  • Wages
  • Wage rates
  • Itemized wage statements/pay stubs

3 years

FLSA
Cal. Labor Code secs. 226, 1174
Cal. Fair Pay Act
Child Labor Certificates and Notices

3 years

FLSA Cal. Labor Code

Employee Personnel Files

  • Disciplinary notices
  • Promotions and demotions
  • Performance evaluations
  • Discharge, layoff, transfer and recall files
  • Training and testing files
  • Job classifications
  • Terms and conditions of employment

3 Years

Cal. Labor Code
Sec 1198.5
Cal. Fair Pay act
TItle VII
ADEA
FEHA
ADA
GINA

Union and Employee Contracts

3 years

FLSA

FMLA Records

  • Leave policies and benefits
  • Dates and hours of leave used
  • Records relating to any dispute regarding designation of leave
  • Employee benefits relating to the leave

3 years

FMLA
Employment Eligibility Forms Verification (I-9 Forms)

The later of 3 years

Immigration Reform and Control Act

Payroll Records

  • Name, employee number, address, age, sex, occupation
  • Individual wage records
  • Time and day work week begins
  • Regularly hourly rate
  • Hours worked (daily and weekly)
  • Weekly overtime earnings
  • Daily or weekly straight time earnings
  • Deductions from or additions to wages
  • Wages paid each pay period
  • Payment dates and periods
  • Piece rates
  • Unemployment Insurance Records

4 years

FLSA
Cal. Unemployment Insurance Code sec. 1085
22 CCR sec. 1085-2
Affirmative Action Programs and Documents

5 years

Title VII
E011246

Employee Health Records

  • First aid records for job inquiries causing loss of work time
  • Drug and alcohol test records

5 years

OSHA
Cal/OSHA

Employee Benefits Data

6 years

ERISA

Unlawful Employment Practices, Claims, Investigations and Legal Proceedings Records

  • Personnel and payroll records about complaining parties
  • Personnel and payroll records about all others holding or applying for similar positions
Until disposition of case Title VII
FEHA
ADEA
ADA
GINA
NLRA
FLSA