How Long Do You Have to Keep Employee Records?

There's no single answer to how long you have to keep employee records. The right retention period depends on the document and the requirements that apply to it, and those rarely agree on a deadline. In the U.S., most retention requirements come from the U.S. Department of Labor and the U.S. Equal Employment Opportunity Commission, with the IRS, OSHA, and others setting their own requirements.

Many HR teams default to a retention window of seven years after an employee leaves. That window covers the longest statutes of limitations for most federal and state claims, but it's no substitute for knowing the individual rules below.

Here's a brief overview of a few of the federal recordkeeping requirements you may need to adhere to.

Employee Record Retention Chart: Federal Requirements

The federal record retention requirements chart below covers the Fair Labor Standards Act (FLSA), U.S. Equal Employment Opportunity Commission (EEOC), Occupational Safety and Health Administration (OSHA), Internal Revenue Service (IRS), Employee Retirement Income Security Act (ERISA), Age Discrimination in Employment Act (ADEA), Family and Medical Leave Act (FMLA), and more. Read every figure as a federal minimum. State and local laws frequently require longer retention, so use these as a starting point and have an employment attorney confirm your specific obligations.

Disclaimer: This chart is for general informational purposes only and does not constitute legal advice. Always consult a qualified employment attorney or HR professional.

A practical approach is to keep all employment-related records for seven years, which covers most potential statutes of limitations.

In the unwelcome event of a lawsuit against your business, personnel files may help provide relevant documentation and evidence. Such files — performance evaluations, commendations, pay-increase notifications, disciplinary records — must be kept until the case reaches final disposition.

Payroll and Compensation

Record retention for payroll records typically must account for separate FLSA and ADEA timelines. Getting these wrong carries real exposure: incomplete payroll records leave you open to agency fines and weaken your footing when responding to a potential wage claim.

• Payroll Records (Wages, Hours, Deductions): 3 years
• Time Cards and Timesheets: 2 years
• Wage Rate Tables: 2 years
• Piecework Records: 2 years
• Sales and Purchase Records (Commissioned Work): 3 years

Those same payroll documents fall under payroll record retention requirements at tax time, when the IRS expects your EIN, the amounts and dates of all wage payments, and supporting documents like tip reports.

Tax Records

Employment tax records follow a four-year rule set by the IRS, measured from the date the tax is due or paid, whichever is later.

• W-4 Forms: 4 years
• Federal Tax Records (W-2, Form 941, Form 940): 4 years
• State Income Tax Withholding Records: 4 years
• Records Related to Claimed Deductions: 4 years

Pay particular attention to anything supporting tax credits or deferrals your business claims. Those records prove you qualified, and some are worth keeping past the four-year mark in case the claim is examined.

Hiring and Employment Eligibility

Hiring records cover everyone you considered, not just the people you hired. The EEOC generally wants application materials kept for a year. How long to keep employee records after termination depends on the document.

• Form I-9 (Employment Eligibility Verification): 3 years from hire or 1 year after termination, whichever is later
• Job Applications and Resumes: 1 year
• Job Postings and Advertisements: 1 year
• Interview Notes and Test Results: 1 year
• Background Check Records: 1 year

Personnel and Performance

According to EEOC regulations, employers must retain all personnel or employment records for one year. If a charge has been filed against the company, records must be retained until the final disposition of the charge or any lawsuit based on the charge.

• Personnel Files (General Employment Records): 1 year after termination
• Performance Evaluations: 1 year after termination
• Disciplinary Records: 1 year after termination
• Promotion & Demotion Records: 1 year after action
• Termination Records and Separation Documents: 1 year after termination

Note: While the Lilly Ledbetter Fair Pay Act does not mandate specific document retention limits, it significantly resets the statute of limitations for pay discrimination with every discriminatory paycheck. To defend against claims, employers should retain all payroll, compensation, and performance records for the entire duration of employment, plus 5 to 7 years.

Benefits and Retirement

Benefits and retirement records run longer than most, largely because ERISA governs them. Plan-related records generally sit on a six-year hold, while certain plan documents survive for the life of the plan plus a year.

• Employee Benefit Plan Records (Pension, Profit Sharing): 6 years
• COBRA Election and Notices: 6 years
• FMLA Leave Records: 3 years
• Benefit Plan Documents and Seniority/Merit Systems: Full period plan is in effect + 1 year
• ERISA Plan Descriptions and Amendments: 6 years from filing

Medical and Safety

Safety and medical records have some of the longest retention periods, because many occupational illnesses surface decades after the exposure that caused them. All medical information must be kept separate from the general personnel file.

• Medical Records & Exam Results: Duration of employment +30 years
• Exposure Records (toxic substances or harmful physical agents): 30 years
• OSHA 300 Injury/Illness Logs: 5 years
• Workers’ Compensation Records: Varies by state
• Drug Test Results (DOT‑regulated): 1–5 years, depending on the type/result of test

Anti-Discrimination and Complaints

Complaint-related records don't follow a calendar; they follow the case. Once a charge or complaint surfaces, every related document stays in place until the matter reaches final disposition.

• EEOC Charges and Related Documents: Until final disposition
• ADA Accommodation Requests: 1 year from record or action, whichever is later
• Harassment/Discrimination Complaints: 1 year or until final disposition, whichever is later
• Affirmative Action Records (federal contractors only): 2 years from record or action, whichever is later

State vs. Federal Compliance Gaps

Federal minimums are only the baseline. Payroll record retention by state can require longer timelines, and the gap can be significant. New York, for example, requires six years of wage and hour records, double the FLSA's three-year rule.

When state and federal timelines conflict, follow the longer one and verify the specifics with your state Department of Labor. A few areas where employee record retention by state often goes beyond federal minimums include:

• Longer retention for payroll and wage records, like New York's six-year rule
• Expanded employee rights to access or copy their own personnel files
• Specific final pay stub and wage statement requirements at separation
• Extended holds tied to longer state deadlines for discrimination or wage claims

Best Practices for Secure Storage and Disposal of Employee Records

Paper and digital storage each call for different kinds of protection.

• Physical Files: Locked cabinets, restricted keys, and protection from fire and water damage.
• Digital Records: Encryption, permission settings, and dependable backups, ideally in a cloud or off-site location that would survive a flood or fire at your office.

The common thread is access control — whatever the format, only people with a legitimate business reason should open an employee's file.

• Use a central electronic system to store employee records. Digital files are easier to search, simpler to back up, and take up far less space than paper — and they can be separated by type to maintain confidentiality.
• Keep certain records separate regardless of format. Medical information must be stored apart from the general personnel file, and documents like Form I-9 should have their own dedicated location.
• Maintain strict confidentiality for all employee files. Only those with a legitimate business need should have access — whether records are digital or paper.

The FTC's Disposal Rule covers information drawn from consumer reports, such as background checks, and requires you to destroy it so it can't be read or reconstructed — shred, burn, or pulverize paper, and wipe or destroy digital media.

One circumstance overrides your entire disposal schedule. If litigation is underway or you can reasonably anticipate it, a legal hold takes effect, and all scheduled destruction must stop until the matter is resolved. Destroying records that turn out to be relevant can carry serious consequences, even when the timing is unintentional.

To cover most federal limitations and audit periods:

• Core Personnel and Payroll/Tax Records: 7 years after termination, where feasible.
• Specialized Records (I‑9, OSHA exposure files, benefit plans): Follow their specific, usually longer, statutory periods.

Still, the rules are complex. Confirm specifics with your employment attorney or CPA before finalizing your record retention policy.