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Record keeping Requirements. EEOC Regulations require that employers 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.
Unemployment Tax Records Under the records-in-general rule, such records must be retained for four years after the due date of the Form 940, Employer's Annual Federal Unemployment Tax Return or the date the required FTA tax was paid, whichever is later.
It may vary by state to state, but usually employment records are kept for a minimum of 7 years since the last date of employment. That said, the 7 years figure is a minimum, and any employer could keep records, including performance info and termination records indefinitely.
Fair Labor Standards Act Records that employers are required to maintain for at least three years include personal information about the employee, including Social Security number, sex, position and title, wages earned, pay rate and overtime earnings.
Workers' compensation records should be segregated into a separate file as they need to be kept for 30 years after the employee is separated in order to ensure compliance with OSHA. Federal and state payroll taxes, FLEA and EPA records, wages, benefits, bonuses, etc. 4 years after termination.
As part of the act, employers must keep various employment records, including job applications, for any permanent positions for one year from the date the application was received.
Employers must retain job applications and related information for three years. For further information visit The California Department of Fair Employment and Housing website.
Ideally, you'll want to keep this information for at least 6 months. This is the period of time during which a discrimination claim could be brought against your organization. The data you collect during your recruitment process is important for defending any of these potential claims.
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