2020Directory_FNL_FlippingBook

EMPLOYMENT

Records

Number of Years Retained

Source of Requirement

Employment Applications/ Resume (applicants not hired)

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, NewYork Fair Credit Reporting Act

Background Checks

6 years

Working Papers

Duration of employment (return to minor at the end of employment)

New York Labor Law

HOT TOPICS

Drug Test Results

1 year

Equal Employment Opportunity Commission U.S. Department of Homeland Security Regulations

I-9 Verification Form

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

IRS FormW-4 (current)

4 years

Internal Revenue Code

IRS FormW-2

Permanently

Payday and Pay Rate Forms

6 years 6 years

New York Labor Law

Payroll Records

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

Commission Agreements Personnel Records - Direct Deposit Authorization - Disciplinary Records - Employment Applications - Union Dues Authorization

Duration of employment + 6 years

New York Labor Law

Duration of employment + 1 year Duration of employment + 1 year Duration of employment + 1 year 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, New York Labor Law

- Wage Deduction Authorization 6 years Employee Handbook 6 years

Best practice

Collective Bargaining Agreements Time Cards/Time Sheets

3 years

Fair Labor Standards Act, Equal Pay Act

6 years 3 years 18 years

Fair Labor Standards Act Family Medical Leave Act

FMLA Records

Accident Report (Workers, Compensation Injury/Illness Report) Polygraph Records

New YorkWorkers’Compensation Law

3 years from date of the test

Employee Polygraph Protection Act

Garnishments

6 years

Best practice

Pension and Retirement Records

Duration the plan or system is in effect + 6 years

Employee Retirement Security Income Act, Age Discrimination in Employment Act Consolidated Omnibus Budget Reconciliation Act

COBRA Records

3 years

EPA 609 Certificate

Duration of employment

Best practice

(MVAC Certification) New York Paid Family Leave Records New York Anit-Sexual Harrassment Training Safe Leave Records (current and, past policies date that Notice of Employee Rights was provided and proof it was received) New York City Transit Benefits New York City Earned Sick and New York City Anti-Sexual Harassment Training Records

Duration of employment

New York Paid Family Leave Law

Keep each employee’s for the duration New York Paid Family Leave Law

of their employment and genera training attendance records for 3 yrs.

3 years

New York City Paid Sick and Safe Leave Law

NEW

2 years

New York City Commuter Benefits Law New York City Human RightsLaw

3 years *Best practice is to keep individual employee records for the duration of employment +3 years*

127 2020 MEMBERSHIP DIRECTORY & SERVICES GUIDE (Effective April 1, 2019)

©2019 GNYADA