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In general, employers must keep all personnel or
employment records for one year. If an employee is
involuntarily terminated, his/her personnel records
must be retained for one year from the date of termination.
If a claim of discrimination is filed, all relevant
personnel records must be retained until final disposition
of the matter. Under the ADEA, employers must also
keep all payroll records for three years. Employers
must also keep on file any employee benefit plan and
any written seniority or merit system for the full
period the plan or system is in effect and for at least
one year after its termination. Under the Fair Labor
Standards Act (FLSA), employers must keep payroll records
for at least three years. Employers must also keep
for at least two years all records (including wage
rates, job evaluations, seniority and merit systems,
and collective bargaining agreements) that explain
the basis for paying different wages to employees of
opposite sexes in the same establishment.
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