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WHAT TO KEEP AND FOR HOW LONG The art of effective record retention (yes, it is an art) boils down to two standards -- reason and risk. Some business people fear risking adverse consequences and hang on to everything forever -- this is the kind of unreasonable behavior that can turn your office into a landfill! Others trash everything early and often -- an unreasonably risky path to neatness. To guide you in minimizing your risks, here's a list of generally accepted, reasonable time periods recommended for retaining business records which you may print out for future reference courtesy of Commerce Clearing House: Accident reports and claims (settled cases) -- 7
years Title VII (discrimination on the basis of race, color, religion, national origin, or gender, among others) Personnel records (including resumes, applications, layoffs, promotions, demotions, transfers, and compensation info) should be kept for One year Discrimination charges (including records of the party making the charge and other employees/applicants in the same or similar positions) should be kept until the charge is resolved or for one year after the employee leaves. Apprenticeship records (including applicant names and addresses, dates of application, and applicant's sex, minority group, and test scores) should be kept for Two years or duration of apprenticeship program, whichever is longer. Age Discrimination in Employment Act (known as ADEA; discrimination based on age). Keep payroll records for Three years and Personnel records (including for hiring, termination, and promotion; results from employment tests; job advertisements; and training records) should be kept for One year from date of the last personnel action. Employee benefit plan records should be kept at least One year longer than duration of plan. Personnel records for temporary positions should be kept for 90 days after the final personnel action. Records relating to any legal action should be kept until the case is resolved (In any event, you should keep these records at least seven years after resolution of any litigation because they might be useful in future cases.) Family and Medical Leave Act (FMLA) Keep general information (including employee name, address, and ZIP code; and payroll records, including daily and weekly hours worked, pay rates, total daily and weekly wages, weekly overtime, deductions, and date of payment for Three years. Keep FMLA leave records (including dates taken, copies of notices of leave, premium payments, certifications, and records of any disputes) for Three years. Occupational Safety and Health Act Form 300 should be kept for Five years. Required medical exam reports should be kept for 30 days after employment terminates. Records used to monitor exposure to hazardous materials should be kept indefinitely. Fair Labor Standards Act (FLSA) records (including employee name, address, and ZIP code; and payroll records, including daily and weekly hours worked, pay rates, and total daily and weekly wages) should be kept for Three years. Timecards, wage rate tables, and work schedules should be kept for Two years (Tip: To simplify this, keep all payroll-related records for three years.) Equal Pay Act Records regarding workweek definition, number of hours that each employee works, pay rates, total wages, and total deductions should be kept for Three years. Collective bargaining agreements should be kept for Three years after expiration. Timecards/time sheets, records covering merit systems, seniority systems, and wage rate tables should be kept for Two years. Rehabilitation Act. Keep Personnel records of disabled applicants and employees for One year. Employee Retirement Income Security Act (ERISA) records, including Supporting documents of plan or reports should be retained for Six years after filing date. Immigration Reform and Control Act (IRCA). I-9 Forms should be kept for Three years from date of hire or one year after termination, whichever is later. Davis-Bacon Act, Service Contract Act and Walsh-Healey Public Contracts Act. Keep all Payroll records for Three years after completion of contract. Basic employment and wage records should be retained for Two years from last entry. Employee information (including separate health/medical records should be kept for Three years from last entry. Sarbanes-Oxley Act. Any records relevant to legal actions should be retained indefinitely, after an investigation begins. Although some laws may not apply to you, most probably do. Compliance with their requirements may be mandatory. Use this checklist and develop a system for continuing to monitor your compliance -- for example, check your I-9s and record retention annually. Remember that these are just guidelines. Apply them reasonably to minimize the risks in your own circumstances. **copy multiple disk files to CD -- by department/division/subsidiary/topic Unsolicited Resumes... Unsolicited resumes should be given a quick look and returned immediately with a 3x5 card on which is printed: "Thank you for your interest in employment with us. We have a strict policy on unsolicited resumes: without exception, they are returned immediately. The one you sent us is enclosed." |