Employee Record Retention

Submitted by lcmisoi@mainsl.com on Thu, 08/13/2020 - 17:06
Policy: 

The purpose of this policy is to ensure that all employees are aware of Mains’l’s recordkeeping responsibilities. Records and documents at Mains’l are adequately protected and maintained and this policy outlines when records are no longer needed by Mains’l or are of no value and are discarded at the proper time. 

The Human Resources Department retains and destroys personnel records in accordance with State and Federal laws governing records retention. The following outlines the HR Department’s operating procedures for personnel records retention and destruction of documents which such retention periods have passed. If the company’s retention procedure is not of sufficient duration for any State in which we do business, this procedure will be superseded by State requirements.

Records may be stored and maintained electronically. All personnel records and confidential employee data maintained by Human Resources will be destroyed after retention dates have passed.   

Any documents boxed and stored on or off site will be labeled with the following: contents, date, and date to be destroyed.

Procedure: 

The following set forth the periods of retention: 

Personal Data Category Longest Retention Period Laws/Regulations Requiring Retention
Recruitment, Hiring and Job Placement Records
 * Employment applications
 * Resumes
 * Other job inquiries sent to 
   employer
 *Employment referral records
 *Applicant identification records
 *Help Wanted advertisements
 		 2 years or the duration of any claim or litigation involving hiring practices Title VII
FEHA
ADA
ADEA
GINA
 

Payroll Records
*Name, employee number,
  address, age, sex, occupation
*Individual wage records
*Regular 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
* Time cards
* Shift schedules
*Employment tax records
 
 

 7 Years FLSA
Unemployment Insurance Codes
Labor Codes
IRS 
FMLA
ADEA
 
Employment Eligibility Forms Verification (I-9 Forms) The later of 3 years from hire date or 1 year after termination.  Note: I-9 for currents employees are never destroyed Immigration Reform and Control Act (IRCA)
Immigration and Nationality Act (INA)
 
Child Labor Certificates and Notices 3 years FSLA
Employee Personnel Files
*Disciplinary Notices
 *Promotions or demotions
 *Performance evaluations
 *Discharge, layoff, transfer and recall files
 *Training and testing files
 *Background checks
 *Applications
 		 3 years after employee has been terminated Title VII
ADEA
FEHA
ADA
 
Affirmative Action Programs and Documents 5 years Title VII
HRA
 
Employee Health Records
 *Health Assessment
 *Benefits applications/changes
 *Physician statements
 *Worker’s compensation records (except exposure records)
 *Drug and alcohol test records
 *OSHA Records
 		 5 years ADA
ERISA
OSHA
 
Work related safety/health exposure records 30 years OSHA
Family Medical Leave (FMLA) 3 years FMLA
California Family Rights Act (CFRA) 2 years after the files are created or received or 2 years after an employment action is taken FEHA
CFRA
 
Employee Benefits Data
 *Summary plan descriptions
 * Plan changes
COBRA
 *Beneficiary designations/changes
 * Earnings
 		 6 years ERISA
COBRA
 
401(k)
 * All documents related to 401(k)
 		 Indefinitely 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
FLSA
HRA