How long should I keep employee records?

There’s no single retention period for “employee records” — different laws set different minimums for different record types. Here are common U.S. federal benchmarks (always verify against current law and your state’s requirements).

Common minimums

• Personnel/employment records (EEOC): generally 1 year from the record or personnel action — or from the date of involuntary termination. If a discrimination charge is filed, keep related records until the matter is finally resolved.
• Payroll records (FLSA): 3 years; supplementary wage-computation records (time cards, schedules) 2 years.
• Form I-9 (USCIS): 3 years after hire OR 1 year after employment ends — whichever is later.
• Employment tax records (IRS): at least 4 years.
• FMLA records (DOL): 3 years.
• Benefit-plan records (ERISA): generally 6 years for records supporting required filings.

Other laws (ADEA, ADA, OSHA, and state laws) add their own requirements, and some — like certain OSHA exposure records — require very long retention.

How to handle it

A personnel file touches several of these rules at once, so the practical approach is to set retention by the longest applicable requirement for the records in question, and apply it through your retention schedule. Because employee records are loaded with PII, pair retention with strong access controls and secure disposition — and keep them only as long as required, since over-retention raises privacy and breach risk.

This is general information, not legal advice — confirm against the cited authorities, your state law, and counsel.