How long do companies keep employment records?

While this is the guidance of the regulation, many companies keep employment records for more time, up to four years, or more in some cases.

Under the Age Discrimination in Employment Act of 1967 (ADEA) recordkeeping requirements, employers must also keep all payroll records for three years.

Additionally, employers must keep on file any employee benefit plan, like a pension or insurance 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 Fair Labor Standards Act (FLSA) recordkeeping requirements applicable to the EPA, employers must keep payroll records for at least three years. In addition, employers must keep for at least two years all records, this includes:

• Wage rates

• Job evaluations

• Seniority and merit systems

• Collective bargaining agreements

These requirements apply to all employers covered by Federal anti-discrimination laws, regardless of whether a charge has been filed or not against the employer.