Essential Employer Recordkeeping Obligations: Overlook at your Own Peril

Written By Kevin McKernan

Federal Rules 

  • Fair Labor Standards Act (FLSA): Retention Period: minimum of 3 years (2 years for timecards). 

  • Equal Employment Opportunity Commission (EEOC): Retention Period: one year from the date of the making of the record or the date of the personnel action. 

  • Occupational Safety and Health Administration (OSHA): Retention Period: 5 years. 

  • Form I-9: Retention Period: the later of 3 years from the date of hire or 1 year after the date that employment ends. 

  • IRS: Retention Period: 4 years for the returns (and a similar period for the data used to complete the returns). 

This document is designed for general information only. The information presented in this document should not be construed to be formal legal or tax advice nor the formation of a lawyer/client.

For further information please contact me at www.kmckernanlaw.com kevin@kmckernan.com or 718-317-5007.

Kevin McKernan
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