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 |
