Final answer:
The time employees records must be kept can vary, with different requirements depending on the type of record and the law, such as the WARN Act's 60 days notification for large layoffs, FLSA's three-year requirement for payroll documents, and OSHA's 30-year requirement for certain medical records.
Step-by-step explanation:
The length of time that employee records need to be retained by employers can vary based on the type of record and legal requirements. For example, the U.S. Equal Employment Opportunity Commission (EEOC) requires employers to keep personnel or employment records for one year from the date of termination. In the case of certain worker protection laws, like the WARN Act, which requires employers with more than 100 employees to provide a written notice 60 days before plant closings or large layoffs, documentation related to these notifications must also be preserved for a specific duration.
However, other records, such as payroll documents, must be kept for at least three years under the Fair Labor Standards Act (FLSA), and tax records should be kept for at least four years if they are relevant to any matter under the Internal Revenue Code. Furthermore, the Occupational Safety and Health Administration (OSHA) mandates that employers keep certain employee exposure to toxic substances and medical records for 30 years from the end of employment.
Some records related to retirement plans must be kept for a minimum of six years after the plan year to which they relate. Local laws may impose additional record-keeping requirements, and it is essential for businesses to be aware of and comply with all relevant regulations. When in doubt, consulting with a legal expert or HR professional is recommended to ensure compliance.