Preventive Law for Employers
NJ Employment Law

Your Guide to Employment Recordkeeping

Jon Hyman, Esq., of the always-excellent Ohio Employer’s Law Blog, has put out a handy-dandy cheat sheet on employment recordkeeping.   He wrote it for Ohio, which has a 6-year statute of limitations for employment discrimination claims (as opposed to NJ’s 2 years)  I have adapted it here for Garden State employers.

A tip of the Kiernan’s Corner hat to Jon!

Resumés, applications, background checks, drug test results, driving records, employment verifications, letters of reference and related documents and related employment materials, including interview records and notes  

2 years from date of hiring decision

Unemployment, temporary disability and NJ Family Leave Insurance records

   Current and 4 preceding calendar years.

   Once an employer becomes inactive, subsequent 6 quarters.

I-9 Forms   The later of 3 years from date of hire or 1 year after termination of employment
Written contracts   6 years after expiration
Handbooks, and other policies or procedures   6 years after expiration
Collective bargaining agreements   6 years after expiration
Payroll and time records   The later of 6 years from creation or  3 years after termination of employment
NJFLA, FMLA,  USERRA and related leave records   3 years after termination
Personnel files, including performance appraisals and disciplinary action records   2 years after termination
Benefit records   6 years after filing date
OSHA and other employee safety records   5 years after termination
Workers’ compensation records   10 years after the later of the injury or illness or the close of the claim
EEO-1s   2 years after filing date
Affirmative Action Plans   2 years after close of AAP year
OSHA 300/300A   5 years after posting
ERISA 5500   6 years after filing


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Who is Ann Kiernan?

Ann Kiernan is an employment lawyer who has been practicing law in New Jersey for more than 30 years. She represents only employers and management and regularly provides management training companies big and small. Employment law is constantly changing, and Ann is familiar how these changes affect employers. To keep up-to-date and learn what issues are currently affecting businesses and employers in New Jersey, read the blog.

Contacting Ann Kieran

The Law Office of Ann F. Kiernan is located at

210 New York Avenue
New Brunswick, NJ

Ann may be reached via telephone at 732-846-3201 and email.

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