GNYADA 2019 Membership Directory & Services Guide

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

2019 membership directory & services guide / hot topics PG 117 Drug Test Results 1 year I-9 Verification Form IRS FormW-4 (current) 4 years IRS FormW-2 Permanently Payday and Pay Rate Forms 6 years Payroll Records 6 years Commission Agreements Personnel Records - Direct Deposit Authorization - Disciplinary Records - Employment Applications - Union Dues Authorization - Wage Deduction Authorization 6 years Employee Handbook 6 years Collective Bargaining 3 years Agreements Time Cards/Time Sheets 6 years FMLA Records 3 years Accident Report (Workers, 18 years Compensation Injury/Illness Report) Polygraph Records 3 years from date of the test Garnishments 6 years Pension and Retirement Records Duration the plan or system is in effect + 6 years COBRA Records 3 years EPA 609 Certificate Duration of employment (MVAC Certification) New York Paid Family Leave Duration of employment Records New York Anit-Sexual Harrassment Training New York City Earned Sick and 3 years 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 2 years New York City Anti-Sexual Harassment Training Records (Effective April 1, 2019) NEW

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

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

Internal Revenue Code

New York Labor Law

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

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

Best practice

Fair Labor Standards Act, Equal Pay Act

Fair Labor Standards Act Family Medical Leave Act

New YorkWorkers’Compensation Law

Employee Polygraph Protection Act

Best practice

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

Best practice

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.

New York City Paid Sick and Safe Leave Law

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*

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