Department of Labor – In addition to the general requirements of both the IRS and the DOL, record
retentions are mandated by several federal acts. They are:
ï¶ Family and Medical Leave Act
° Basic payroll and employee data
· Dates FLMA leave is taken
· Hours worked by employee in last 12 months
· Hours of FLMA leave for exempt employee
· Copies of employee notice to employer
· Copies of general and specific notes given to employees
· Copies of policy regarding taking of paid and unpaid leave by employee
· Documents verifying premium payments of employee benefits
· Records of FLMA leave disputes between employee and employer
Title VII of the Civil Rights Act of 1964 and the Americans with Disability Act of 1990 have no
general record requirement under the law, but to meet the requirements all records relating to
hiring, promotion, demotion, transfer, layoff or termination, rates of pay, and selection for
training or apprenticeship should be kept for one year from date of action.
ï¶ The Age Discrimination in Employment Act of 1967 requires that you keep the following records for
three
years:
° Name
° Address
° Date of birth
° Occupation
° Pay rate
° Compensation earned
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Also keep the following for one year from the date of action:
° Job applications
° Resumes
° Response to advertised job openings
° Records related to the failure to hire an individual
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You must also keep all records related to:
° Layoff or discharge of an employee
° Job orders submitted to a placement agency
° Employee administrated by employee physical exams used to make personnel decisions
° Job advertisements
ï¶ The Immigration Reform and Control Act requires that you must retain copies of the I-9 Form for
three years after the date of hire.
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