Records to be kept by employers.
Every employer shall make and keep for 3 years payroll or other records for each of his employees which contain:
Compensation earned each week.
Every employer who, in the regular course of his business, makes, obtains, or uses, any personnel or employment records related to the following, shall, except as provided in paragraphs (b) (3) and (4) of this section, keep them for a period of 1 year from the date of the personnel action to which any records relate:
Job applications, resumes, or any other form of employment inquiry whenever submitted to the employer in response to his advertisement or other notice of existing or anticipated job openings, including records pertaining to the failure or refusal to hire any individual,
Promotion, demotion, transfer, selection for training, layoff, recall, or discharge of any employee,
Job orders submitted by the employer to an employment agency or labor organization for recruitment of personnel for job openings,
Test papers completed by applicants or candidates for any position which disclose the results of any employer-administered aptitude or other employment test considered by the employer in connection with any personnel action,
The results of any physical examination where such examination is considered by the employer in connection with any personnel action,
Any advertisements or notices to the public or to employees relating to job openings, promotions, training programs, or opportunities for overtime work.
Every employer shall keep on file any employee benefit plans such as pension and insurance plans, as well as copies of any seniority systems and merit systems which are in writing, for the full period the plan or system is in effect, and for at least 1 year after its termination. If the plan or system is not in writing, a memorandum fully outlining the terms of such plan or system and the manner in which it has been communicated to the affected employees, together with notations relating to any changes or revisions thereto, shall be kept on file for a like period.
When an enforcement action is commenced under section 7 of the Act regarding a particular applicant or employee, the Commission or its authorized representative shall require the employer to retain any record required to be kept under paragraph (b) (1) or (2) of this section which is relative to such action until the final disposition thereof.
(Approved by the Office of Management and Budget under control number 3046-0018)
(Pub. L. 96-511, 94 Stat. 2812 (
44 U.S.C. 3501
[44 FR 38459, July 2, 1979, as amended at 46 FR 63268, Dec. 31, 1981; 56 FR 35756, July 26, 1991]