Employer's Record Retention Periods
Q: How long should California employers maintain employee records?
California employers are subject to a myriad of federal and state requirements for the retention of employment records. Below is a brief list of important records employers should maintain and the time periods they should be retained in order to avoid civil penalties and to protect against litigation. This is a general list that pertains to most employers in California. Employers should consult with an employment attorney to ensure that they are in compliance with all applicable document retention laws.
Payroll Records
Name, address, Social Security number, occupation, terms and conditions of employment,
the beginning and end of each work period, total daily and period hours, meal periods and split-shift schedules, rates of pay, total wages paid each payroll period, net wages and deductions. These records should be maintained for 4 years pursuant to the FLSA, Cal. Unemployment Insurance Code, and the statute of limitations for various wage and hour claims.
Employee Wage Records
Time cards, wage rate calculation tables for straight time and overtime, shift schedules, individual employee’s hours and days, piece rates, records explaining wage differentials between sexes. These records should be maintained for 4 years pursuant to the FLSA, Cal. Labor Code and the statute of limitations for various wage and hour claims.
Employee Personnel Files
Disciplinary notices, promotions and demotions, performance evaluations, discharge, layoff, transfer and recall files, training and testing files. These records should be maintained for 2 years pursuant to Title VII, ADEA, FEHA, and the ADA.
I-9 Forms (employment eligibility forms)
The later of 3 years from hire date or 1 year after termination pursuant to the Immigration Reform and Control Act.
Hiring Records
Job applications, resumes, advertisements for open positions, internal postings of open positions. These records should be maintained for 2 years pursuant to Title VII, FEHA, ADA, and the ADEA.
Employee Health Records
Records of job injuries, drug and alcohol test records. These records should be maintained for 5 years purusant to OSHA and Cal-OSHA regulations.
Employee Benefits Data
COBRA notices, summary plan descriptions and earnings, beneficiary designations. These records should be maintained for 6 years, but not less than 1 year following a plan termination as determined by ERISA.
Workers’ Compensation Records
Claim file for every work-injury claim containing at least the worker’s name, the claim’s administrator’s claim number, the date of injury, an indication whether the claims is an indemnity or medical-only claim, an entry if there has been a denial, and a Certificate of Consent to Self-Insure (if appropriate). Should be maintained for 5 years from the date of injury; or 1 year from the date compensation was last provided to the employee; or after all compensation due has been paid; or if a claim file has been audited, when the audit becomes final. Cal. Code of Reg.
Disclaimer: This is simply a general overview and is not a comprehensive article regarding a specific factual scenario. Each factual scenario is different and there is not enough time, nor space to address all different scenarios. You need to speak with a lawyer if you have a legal question.
California employers are subject to a myriad of federal and state requirements for the retention of employment records. Below is a brief list of important records employers should maintain and the time periods they should be retained in order to avoid civil penalties and to protect against litigation. This is a general list that pertains to most employers in California. Employers should consult with an employment attorney to ensure that they are in compliance with all applicable document retention laws.
Payroll Records
Name, address, Social Security number, occupation, terms and conditions of employment,
the beginning and end of each work period, total daily and period hours, meal periods and split-shift schedules, rates of pay, total wages paid each payroll period, net wages and deductions. These records should be maintained for 4 years pursuant to the FLSA, Cal. Unemployment Insurance Code, and the statute of limitations for various wage and hour claims.
Employee Wage Records
Time cards, wage rate calculation tables for straight time and overtime, shift schedules, individual employee’s hours and days, piece rates, records explaining wage differentials between sexes. These records should be maintained for 4 years pursuant to the FLSA, Cal. Labor Code and the statute of limitations for various wage and hour claims.
Employee Personnel Files
Disciplinary notices, promotions and demotions, performance evaluations, discharge, layoff, transfer and recall files, training and testing files. These records should be maintained for 2 years pursuant to Title VII, ADEA, FEHA, and the ADA.
I-9 Forms (employment eligibility forms)
The later of 3 years from hire date or 1 year after termination pursuant to the Immigration Reform and Control Act.
Hiring Records
Job applications, resumes, advertisements for open positions, internal postings of open positions. These records should be maintained for 2 years pursuant to Title VII, FEHA, ADA, and the ADEA.
Employee Health Records
Records of job injuries, drug and alcohol test records. These records should be maintained for 5 years purusant to OSHA and Cal-OSHA regulations.
Employee Benefits Data
COBRA notices, summary plan descriptions and earnings, beneficiary designations. These records should be maintained for 6 years, but not less than 1 year following a plan termination as determined by ERISA.
Workers’ Compensation Records
Claim file for every work-injury claim containing at least the worker’s name, the claim’s administrator’s claim number, the date of injury, an indication whether the claims is an indemnity or medical-only claim, an entry if there has been a denial, and a Certificate of Consent to Self-Insure (if appropriate). Should be maintained for 5 years from the date of injury; or 1 year from the date compensation was last provided to the employee; or after all compensation due has been paid; or if a claim file has been audited, when the audit becomes final. Cal. Code of Reg.
Disclaimer: This is simply a general overview and is not a comprehensive article regarding a specific factual scenario. Each factual scenario is different and there is not enough time, nor space to address all different scenarios. You need to speak with a lawyer if you have a legal question.
posted by Anthony Zaller at 5:10 PM
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