PERSONNEL RECORD RETENTION

Ethel

What is the longest time these have to be retained? Or, is there a table somewhere I could access? We have a ton of records because I don't believe that since the company's founding in the 1930's anything has ever been thrown away. HELP!!

jmcaa

If you have a CPA who files your taxes, etc. for your company, you can ask them for a retention schedule.

Don D

Ethel: CPA's are relatively bright people, but typically they won't know squat about the legal requirements for personnel record retention, unless the records relate strictly to payroll or 401(k).

Here are a few federal requirements:
Age Discrimination in Employment Act, 20 or more ees, 3 years for payroll, 1 year for apps and other personnel records, or if EEOC involved then until that is resolved.

ADA, 15 or more ees, 1 year from making of the record for apps and records involving promotions,transfers, demotions, termination or request for accommodation.

Title VII, applications and other records as immediately above, 1 year from making of the record.

ERISA, six years for reports, documents, information and materials.

Ee Polygraph Protection Act, 3 years

Equal Pay Act, payroll records, 3 years

Executive Order 11246, which is OFCCP, Affirmative Action, retain each annual plan for 2 years.

FLSA, all payroll related records, at leaast 3 years.

FMLA, anything relating to it, 3 years.

Immigration Reform & Control Act, I-9, 3 years after date of hire or one year after termination, whichever is later.

OSHA, log of injuries, 5 years.

OSHA, other records, get this, employee's job tenure, plus 30 years plus one day.

Rehab Act, Personnel records, anything relating to exams, 2 years, or if lawsuit, forever.

FUTA, 4 years; Viet Vets, documentation of vets hired, 1 year; Benefits, six; Ee relocation, 6; accident reports, 5; time cards, 4.

That should give you a start.

Now you know why nobody ever threw anything out.

nietra

tenure plus 30 Years Plus one day???

Ok, usually I'm pretty quiet and only read the posts but I wonder how many times OSHA has found that that one day to be beneficial???

pork1

Probably every time they have gone in to investigate anything......

We are keeping the records until dooms day, we find x-employees, who are interested in coming back, we pull their file and there it is loud and clear, "the individual" was young and immature and left for a better job. We are a 12 year old company and we will keep the records until the 30 and one day rule is complete, then probably destroy the paperwork. Without the records you can not respond to the OSHA visitors, which will make them mad and starts the written finding "of failure to keep the records for 30 years + one day".

PORK

Don D

Pork is right. OSHA is the one federal agency you do not want to mess with. Safety, accidents, injuries, exposure, hazards and resulting unannounced inspections can get you shut down quicker than warm maple syrup runs through butter on a cathead biscuit.

HRinFL

Is a cathead biscuit the same thing as a whomp biscuit?

Don D

Maybe-I'm not sure. A cathead is one of those huge, homemade crisco or lard biscuits that has no symmetry; with errant, large, browned peaks and valleys, steam coming out the sides, just beggin' to be poked in the side with a fork, knowin' full well it's about to be flopped wide open and slathered in real, soft butter. Is that a whomp?

HRinFL

No, that's grammy's biscuits. A whomp biscuit is a canned biscuit. They are called whomp biscuits because you "whomp" them on the side of the counter to open the cannister!

grannyhr

Great information. I didn't notice anything on D.O.T. records. Do any of you know how long we have to keep D.O.T. driver records, i.e., accidents, drug and alcohol test results, etc.?

Ethel

Thanks to all. I not only learned about record retention but am now "learned" about biscuits!!!

Thanks again. Have decided that we will keep 30 yrs plus 1 day and dump the rest. OSHA is an agency that we strive to meet their requirements. We are a mfg facility so have had occasion to have them on site. Thanks to all.