Personnel Management & Records Retention

You should take care with your employee records. Establish a confidential file on each employee, and keep all files in a locked cabinet to protect employee privacy.

California employees have the right to inspect their personnel files. Inspections should take place during regular business hours, in the office where personnel records are usually kept. You must make the files available within a "reasonable time" after the employee's request. The employee should be given sufficient time to read the file.

We can help you with checklists of what should (and shouldn't) be in employee files.

Below are required and/or recommended retention times for personnel records.

If you have a problem, claim, or lawsuit, we recommend keeping all records pertaining thereto at least until there is complete closure on the matter even if the legal retention time has lapsed.

RECORD RETENTION TIME COMMENTS

Job postings, job ads, notices of job openings, etc.

2 years

 

Employment applications, resumes; other documents related to applicants

2 years

* Keep applications and resumes of current employees in their files.

Payroll records (amounts and dates paid, earnings, deductions, etc.)

4 years

 

Employees’ compensation records, e.g., timesheets or timecards, work or shift schedules, pay rates, etc.; sufficient info on exempt employees to determine compensation, perks and benefits

2 years

 

* Employee’s “personnel” file, including all job actions; records of having taken leave under family leave laws

2 years
after termination

Records of family leave should normally be kept 3 years.

I-9’s (employment eligibility)

3 years

* Keep the ones on current employees for as long as you keep their personnel files (although they should not be filed in the personnel file, but kept separate).

Retirement plan info

6 years

 

Job injury records if work time was lost

5 years

 

* Records of exposure to toxic substances, blood-borne pathogens; Material Safety Data Sheets (MSDS)

Employment +30 years

 

Union contracts;  * individual employee contracts

3 years

 

* Records of employment of minors

3 years

 

EEO data (100 or more employees)

Current

2 years after eliminating an adverse impact

Affirmative Action Plans (federal contractors)

Current

Keep supporting data for 2 years

Employee tax records, W-4’s

4 years from tax due date or when tax paid