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National Summary
There are a wide range of federal and state laws that require employers to retain employee records for a specified period of time. Federal laws with such requirements include everything from the Fair Labor Standards Act (FLSA) to Title VII of the Civil Rights Act of 1964, as amended in 1991. The records that must be kept include everything from wage and hour information, I-9 forms, and records related to job applicants. In addition to the requirements that are generally applicable, there are laws requiring employers in certain industries or occupations to maintain additional records related to their employees. Employers must be aware of requirements specific to their industry and any additional state law requirements as well.
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152020index.aspxQuestions & Answers A former employee has requested a copy of his personnel file. Am I legally obligated to give this to him? We are located in Texas.  National
152996tools.aspxPolicies Access to medical records policy (standard)  National
152997tools.aspxPolicies Access to personnel files policy (standard)  National
152013index.aspxQuestions & Answers An employee went to her supervisor and let her know that her name changed. What documents do I need to effect this change in H.R.?  National
152033index.aspxQuestions & Answers An employee with whom we have signed a settlement and release ending all claims against us has called requesting a copy of her file. Are we compelled to provide the file info given the signed release?  National
155214index.aspxQuestions & Answers Are there any restrictions on who in a company can have access to payroll information, including salesmen commission statements?  National
155404index.aspxQuestions & Answers Are we required to have our employees re-sign I-9 and W-4 forms every year?  National
153085tools.aspxChecklists Bulletin Board Checklist  National
152039index.aspxQuestions & Answers Does the state of Ohio have a law regarding employee rights to view their personnel file? Are they permitted to make copies or just make notes of what is in their file?  National
152036index.aspxQuestions & Answers Does Workers Comp claims belong in a separate file from the employees file. I know all medical information needs to be in a separate file- Does WC belong there too?  National
153084tools.aspxChecklists Employee Records Checklist  National
155516tools.aspxForms Employment Eligibility Verification (I-9 Form, Rev. 08/07/09)  National
159177tools.aspxForms Final EEO-1 Form, beginning 2007, Section D (SF 100)  National
151676index.aspxQuestions & Answers How long are employee disciplinary reports required to be kept in the employee's personnel file?  National
155289index.aspxQuestions & Answers How long do we need to retain resumes and employment applications? Are there any differences if an individual was not considered a candidate for a position and is not interviewed or hired?  National
152043index.aspxQuestions & Answers How long do you have to keep training records for terminated employees?  National
152041index.aspxQuestions & Answers How long to we have to keep the records for employees who no longer work at the company?  National
152015index.aspxQuestions & Answers How many years must you keep an employee's file after the date of termination?  National
152017index.aspxQuestions & Answers I am the human reasource manager, but everytime i need personal files, i have to go through other employees, and i am watched scrupulously until i am finished. Are there any laws against this?  National
152019index.aspxQuestions & Answers I need to know the the rules on keeping employee's files.  National
152022index.aspxQuestions & Answers If an employee wants to review their personnel file should the company let them? Also other than human resources who has a right to look at the file?  National
153539index.aspxQuestions & Answers In regard to INS regulations and the completion of form I-9, what is my responsibility concerning the authenticity of document(s) presented to me?  National
152023index.aspxQuestions & Answers Is it against the law to not report new hire information to the State Directory of New Hires? Trying to figure out if GNiel is just trying to scare me into buying more forms from then. I am in New York.  National
152027index.aspxQuestions & Answers Is it appropriate and or legal for a president of a company to keep separate personnel files in addition to any files kept in HR?  National
152026index.aspxQuestions & Answers Is it legal in the state of Minnesota to charge employees (present or termed) for copies of items in his/her personel file. If so, what is an average cost that employers are charging.  National
155468index.aspxQuestions & Answers Is there a rule--of thumb or legal---that suggest how long applications should/need to be kept?  National
152021index.aspxQuestions & Answers Legally, as a federal contractor, do we have to keep resumes on file? If so, for how long?  National
152031index.aspxQuestions & Answers Looking for a cell phone reimbursement policy for our company.  National
152030index.aspxQuestions & Answers My company has to conduct a manpower audit as part of a organisation transformation exercise can you give me some pointers on how to conduct the exercise  National
152044index.aspxQuestions & Answers Our company may be forced to close soon. What are the responsibilities of the HR manager?  National
156481index.aspxAnalysis Records  National
152910tools.aspxForms Request for Days Off  National
152028index.aspxQuestions & Answers Resume's and applications have to be kept on file for how long?  National
155640index.aspxQuestions & Answers The EEOC requires a EEO-1 Report when a private employer has 100 or more employees. Is the agency referring to current employees, or would it refer to the number of W-2s the organization issues in a tax year?  National
152999tools.aspxPolicies Treatment of Confidential Information  National
152040index.aspxQuestions & Answers UTAH - How long I am required to keep an employee's personnel file?  National
152037index.aspxQuestions & Answers We are sponsoring an employee who is in the United States on a work visa. There are copies of all his paperwork. Should this information be kept in the employee's personnel file or in a separate file?  National
152038index.aspxQuestions & Answers We have an employee who absolutely refuses to disclose his social security number to insurance carriers. What are the legalities on this?  National
152035index.aspxQuestions & Answers What do the laws in Kentucky say about information disclosure to a teminated employee, what do we have to give him and what do we not?  National
152014index.aspxQuestions & Answers What information should go in a personnel file?  National
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