HR Records Retention Schedule
Look up how long to keep common HR and payroll records under federal law.
Reviewed by theComplianceToolsLibrary Editorial Team · Last updated
Key facts
- Payroll records (FLSA)
- Keep at least 3 years; supporting wage-computation records 2 years
- Form I-9
- 3 years after hire or 1 year after termination, whichever is later
- Hiring/personnel records (Title VII, ADA, ADEA)
- Generally at least 1 year from the action
- OSHA 300 logs
- Keep for 5 years; benefit-plan (ERISA) records 6 years
How long do you keep HR records?
Different federal laws set different minimum retention periods for different records. The FLSA requires keeping payroll records for at least three years and the records used to compute pay (like time cards) for two. Title VII, the ADA, and the ADEA generally require keeping hiring and personnel records for at least a year from the action, and the ADEA requires three years for payroll data.
Other rules layer on top: Form I-9 has its own "three years after hire or one year after termination, whichever is later" rule; OSHA injury logs must be kept five years; and ERISA benefit-plan records six years. When laws overlap, keep the record for the longest applicable period. This tool lists the common ones so you can build a defensible retention schedule.
How to use this tool
- 1
Pick a record type
Choose the type of HR or payroll record.
- 2
Review the period
See the minimum federal retention period and the governing law.
- 3
Apply the longest rule
When multiple laws apply, keep the record for the longest period.
- 4
Calendar destruction
Schedule secure destruction once the retention period ends.
Common mistakes to avoid
- Destroying payroll records before the FLSA's three-year minimum.
- Applying one retention period to every record type.
- Keeping records indefinitely, increasing risk and storage burden.
- Forgetting the longer retention rules for federal contractors.
What to do next
- Build a written retention schedule by record type.
- Keep records for the longest applicable period when laws overlap.
- Securely destroy records once retention ends.
- Calculate I-9 destruction dates with the I-9 Retention Date Calculator.
Sources
Frequently asked questions
How long do I have to keep payroll records?
At least three years under the FLSA, with the records used to compute pay kept for two years.
How long should personnel and hiring records be kept?
Generally at least one year from the personnel action under Title VII, the ADA, and the ADEA.
How long must OSHA injury logs be retained?
OSHA 300, 300A, and 301 records must be kept for five years following the year they cover.
What if more than one retention rule applies?
Keep the record for the longest applicable retention period.
Related tools
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