1. Recordkeeping and Record Retention

2. FLSA Requirements
Examples below of each type. Refer to your reference material for additional examples.
Three years after the last date of entry
Time reporting information
Three years from the last date in effect
Collective bargaining agreements
Two years from the last date of entry
Basic employment and earning records
Records substantiating additions to or deductions from employee’s wages
Two years from the last date in effect
Work schedules establishing the hours and days of employment

3. FLSA Requirements
Additional requirements for the following employee types:
Exempt white collar employees
Hospital employees
Tipped employees
Industrial homeworkers
Employees receiving remedial education (remember Section 2?)
Employees receiving subminimum wages under a DOL certificate
Federal government contractors (Walsh-Healey Public Contracts Act)

4. FLSA Requirements
No requirement on method of retention (e.g. paper, electronic)
Documents must be made available within 72 hours of a notice of inspection from the Division
Penalties for recordkeeping violations
Criminal penalty of up to $10,000 and/or imprisonment for up to 6 months

5. IRC Requirements
Four years after the due date of the tax, or the date the tax is actually paid, for the return period to which the records relate
FUTA tax records
Four years after the due date of the employee’s personal tax return.
Form W-4
Four years after the filing date of a employment claim
Three years after the due date of the return or statement relating to allocation of tips
Goal is to make the determination of the correct tax liability easy for the IRS

6. Title VII Requirements
Prohibits employers from discriminating against employee on the basis of race, color, religion, sex, or national origin.
No general recordkeeping requirements issued by EEOC.
Records must be kept for at least one year from the date they were made or the date of the personnel action to which they relate, whichever is later.
Title VII recordkeeping requirements also apply to ADA.
New EEO-1 report to collect employer pay data for 2018.
Due date: March 31, 2019

7. ADEA Requirements
Prohibits employers from making hiring, termination, or other personnel decisions based on the age of the individuals who are at least 40 years of age.
Examples below of each type. Refer to your reference material for additional examples.
Three year retention
Employee records
One year retention
Applicant records
ADEA documents must be kept at the employee’s worksite or central office. Employer has 72 hours to provide records upon request to EEOC.

8. IRCA Requirements Immigration Reform and Control Act Form I-9
Retention is at least three years after the date of hire or one year after the date of termination, whichever is later
No recordkeeping requirements to keep I-9 supporting documents

9. FMLA Requirements Three year retention period
Employers are required to make, keep, and retain records relating to their FMLA obligations in accordance with the recordkeeping requirements under the FLSA
Medical records are to be kept confidential and in a separate file from general personnel files

10. ACA Requirements Three years after the due date of the returns
Form 1095-C and Form 1094-C
Form 1095-B and Form 1095-C
In addition to the information returns
Keep forms’ instructions
Supporting documents

11. State Requirements
Each state sets it’s own recordkeeping and record retention requirements
State unemployment insurance laws
State wage-hour laws
Unclaimed wages
Colorado requirements
State unemployment insurance laws = 5 years
State wage-hour laws = 3 years
Unclaimed wages = 5 years

12. Record Retention Procedures
Identify what information is in the employee master file data
Identify what documents are needed from new employees
Identify the best storage method
Paper storage
Micromedia storage (microfilm or microfiche)
Media imaging
Electronic vaulting
Cloud storage
Storage method used must be able to retrieve, print, and view documents when needed
Disposal of data must be secure and reasonable

13. HIPAA Health Insurance Portability and Accountability Act of 1996
Designed to help employees and their families maintain health insurance coverage when the employees change or lose jobs
Includes provisions with how employers, hospitals, physicians, and insurers handle confidential patient information
HIPAA privacy law preempts state laws that are contrary to federal law

14. Record Retention Tips and Tricks
Category
Retention Period
Trick To Remembering
ADA
1 year
1st letter of the alphabet = 1
Time Sheets
2 years
2 words = 2 HR
3 years
2 letters + 1 = 3
Tax
4 years
3 letters + 1 = 4
OSHA
5 years
4 letters + 1 = 5
HIPPA
6 years
5 letters + 1 = 6

15. DO YOU KNOW???
If the DOL requests a Form I-9 for inspection, how long does the employer have to produce the Form I-9?
What records must be kept under the FLSA for at least two years from their last date of entry?
What is the general retention period under the IRC for copies of employer tax returns and information returns?
What are the retention requirements for the Form I-9?