Professional Documents
Culture Documents
Age Payroll or other records, including Three years for payroll or other
Discrimination in those for temporary positions showing records showing basic
Employment Act employees' names, addresses, dates of employee information.
(ADEA) birth, occupations, rates of pay and
Applies to weekly compensation. One year for applications and
employers with at Applications (including those for other personnel records.
least 20 temporary employment), personnel
employees. records relating to promotion, Where a charge or lawsuit is
demotion, transfer, selection for filed, all relevant records must
training, layoff, recall, or discharge; be kept until "final disposition"
job advertisements and postings; of the charge or lawsuit.
copies of employee benefit plans,
seniority system and merit systems.
Americans with Applications and other personnel One year from making the
Disabilities Act records (e.g. promotions, transfers, record or taking the personnel
(ADA) demotions, layoffs, terminations) action.
Applies to requests for reasonable Where a charge or lawsuit is
employers with at accommodation. filed, all relevant records must
least 15 be kept until "final disposition."
employees.
Civil Rights Act Applications and other personnel One year from making the
of 1964, Title VII records (e.g. promotions, transfers, record or taking the personnel
Applies to demotions, layoffs, terminations), action.
employers with at including records for temporary or
least 15 seasonal positions. Where a charge or lawsuit is
employees. Requires the filing of an annual EEO-1 filed, all relevant records must
Report (for Federal contractors with 50 be kept until "final disposition."
or more employees, non-contract
employers with 100 or more). A copy of the current EEO-1
Report must be retained.
Consolidated Provide written notice to employees
Omnibus Budget and their dependents of their option to
Reconciliation Act continue group health plan coverage
(COBRA) following certain "qualifying events,"
such as the employee's termination,
layoff or reduction in working hours,
entitlement to Medicare and the death
or divorce of the employee (that would
cause dependents to lose coverage
under the employer's plan).
Davis Bacon Act Records containing the following Three years from the end of the
information for each employee: contract.
Service Contract
Act • Basic employee data to include name,
address, social security number,
Walsh-Healy gender, date of birth, occupation and
Public Contracts job classification.
Act -- Walsh-Healy requires the retention
of current work permits for minors
Applies to federal
contractors. • Compensation records to include:
- Amounts & dates of actual payment.
- Period of service covered.
- Daily and weekly hours.
- Straight time and overtime hours/pay.
- Fringe benefits paid.
- Deductions and additions.
• Annual reports.
• Plan termination.
Employee Polygraph test results and the reasons Three years.
Polygraph for administering.
Protection Act
Equal Pay Act Payroll records including time cards, Three years.
wage rates, additions to and deductions
from wages paid and records
explaining sexually based wage
differentials.
Executive Order Requires the preparation of an AAPs must be updated
11246 Affirmative Action Plan (AAP) for annually; AAPs and
Applies to federal Minorities and Women. documentation of good faith
contractors. Applications and other personnel efforts must be retained for two
records that support employment years.
decisions (e.g. hires, promotions, Personnel or employment
terminations) are considered "support records must be retained for
data" and must be maintained for the two years. If there are less than
AAP. 150 employees or contract is
less than $150,000, the
retention period is one year.
Fair and Accurate Consumer credit reports. Recently written rules for the
Credit Fair and Accurate Credit
Transactions Act Transactions Act (FACTA) will
(FACTA) require every employer that
employs one or more
employees to shred any and all
documents that contain
information derived from a
credit report. These provisions
will go into effect on June 1,
2005. Penalties for failing to
obey the shredding provisions
could be severe.
The penalties for failure to
observe the shredding rules
include: civil liability in which
an employee can recover actual
damages from his/her employer
for all damages incurred from
identity theft; statutory
damages of up to $1,000 per
employee; an employer may
open itself to class action
liability if a large number of
employees are affected; federal
fines of up to $2,500 for each
violation; and state fines of up
to $1,000 per employee.
Fair Labor Payroll or other records containing the For at least three years.
Standards Act following information for each
(FLSA) employee:
Editors Note: [The United States Supreme Court recently held in Jones v. R.R. Donnelly
& Sons that a four-year federal statute of limitations applies in cases of race
discrimination brought under 42 U.S.C. §1981. Prior to the ruling, state law statutes of
limitation applied in most states, with a time frame ranging from one year and up. This
decision will end the differences under most state laws and provide plaintiffs with more
time to file a claim than what was previously provided under state statutes of limitations.]
Recently written rules for the Fair and Accurate Credit Transactions Act (FACTA) will
require every employer that employs one or more employees to shred any and all
documents that contain information derived from a credit report. (Reported by USA
Today, 1/14/05). These provisions will go into effect on June 1, 2005. Penalties for failing
to obey the shredding provisions could be severe.
The penalties for failure to observe the shredding rules include: civil liability in which an
employee can recover actual damages from his/her employer for all damages incurred
from identity theft; statutory damages of up to $1,000 per employee; an employer may
open itself to class action liability if a large number of employees are affected; federal
fines of up to $2,500 for each violation; and state fines of up to $1,000 per employee.
Thanks to Cornelia Gamlem and Wallace Bonaparte of the SHRM Workplace Diversity
Committee for contributing this white paper. It is intended as general information, and is
not a substitute for legal or other professional advice.
For more information on this subject, send an e-mail to the SHRM Information Center
at , please click here to ask the Information Center for help.