2016 GNYADA Membership Directory

EMPLOYMENT

Records

Number of Years Retained

Source of Requirement

Employment Applications / Resume (applicants

1 year after decision not to hire

Fair Labor Standards Act, Americans with Disabilities Act, Title VII of the Civil Rights Act, Age Discrimination in Employment Act, Genetic Information Nondiscrimination Act Fair Credit Reporting Act, New York Fair Credit Reporting Act

not hired)

HOT TOPICS

Background Checks

n/a

Working Papers (Minors)

Duration of employment (return to New York Labor Law minor at the end of employment)

Drug Test Results

General – 1 year

Equal Employment Opportunity Commission

NEW NEW NEW NEW NEW NEW NEW NEW

I-9 Verification Form

3 years from date of hire or 1 year after termination, whichever is later

U.S. Department of Homeland Security Regulations

IRS FormW-4 (current)

4 years

Internal Revenue Code

IRS FormW-2

Permanently

Payday and Payrate Forms

6 years

New York Labor Law

Payroll Records

6 years

Fair Labor Standards Act, New York Labor Law, Equal Pay Act, Age Discrimination in Employment Act

Commission Agreements

Duration of employment + 6 years New York Labor Law

Personnel Records - Direct Deposit Authorization Duration of employment + 1 year

Fair Labor Standards Act, Americans with Disabilities Act, Title VII of the Civil Rights Act, Age Discrimination in Employment Act, Equal Pay Act, Genetic Information Nondiscrimination Act,

- Disciplinary Records

Duration of employment + 1 year

- Employment Applications - Union Dues Authorization

Duration of employment + 1 year Duration of employment + 1 year

New York Labor Law

- Wage Deduction Authorization Employee Handbook

6 years

n/a

n/a

Collective Bargaining Agreements 3 years

Fair Labor Standards, Act Equal Pay Act

Time Cards/Time Sheets

6 years

Fair Labor Standards Act

FMLA Records

3 years

Family Medical Leave Act

2016 MEMBERSHIP DIRECTORY 103

Accident Report (Workers CompensationInjury/IllnessReport) Polygraph Records

18 years

New YorkWorkers’Compensation Law

3 years from date of the test

Employee Polygraph Protection Act

Garnishments

n/a

n/a

Pension and Retirement Records

Duration the plan or system is in effect + 6 years

Employee Retirement Security Income Act, Age Discrimination in Employment Act

COBRA Records

3 years

Consolidated Omnibus Budget Reconciliation Act

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