FREE Labor Law Penalties by Company Size Chart
Alerts you to the penalties associated with key federal laws such as COBRA and discrimination.

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Recordkeeping Requirements in Alabama (AL)
Alabama requires employers to maintain the following types of records. Additional requirements may apply under federal law.
Unemployment Insurance
- For purposes of unemployment, the following information must be retained for 5 years for each employee:
- Name;
- Social security number;
- State(s) in which services are performed;
- Date of hire/rehire;
- Beginning/ending dates of each pay period;
- Wages;
- Benefits;
- Work dates/hours; and
- Times of unemployment.
Safety and Health/Workers' Compensation
- Employers are required to keep a record of all injuries, fatal and otherwise, for which payment is claimed or made for at least 12 years.
- Within 15 days of knowledge of an injury, an employer must furnish a report to the Alabama Department of Labor.
- Any generator, transporter, owner, or operator of a treatment, storage or disposal facility of hazardous waste must retain records of the generation, transportation, treatment, storage, or disposal of the waste for 3 years.
Child Labor
- Each employer must keep on premises an Employee Information Form (or a separate file which includes the information required by the form), Proof of Age, and Time Records showing:
- The number of hours worked each day;
- Starting and ending times; and
- Break times for each employee 18 years of age and younger.
- Acceptable Proof of Age records include copies of:
- A birth certificate;
- A driver’s license; or
- An identification card issued by a federal, state, or local government agency, provided the ID card includes the employee’s name and date of birth.
- Employers who choose not to use the Employee Information Form must keep a separate file for each employee 18 and younger which includes the following information for each employee:
- Name;
- Address;
- Telephone number;
- Date of birth;
- Date of hire;
- Proof of age;
- School of attendance; and
- Time records.
- Employers must maintain these records on file for 1 year.
- Employers with workers younger than 18 must obtain a Child Labor Certificate from the Alabama Department of Labor for each location where minors are employed.
Alaska Recordkeeping Requirements
Alaska requires employers to maintain the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
The following information must be retained for 3 years for each employee:
- Name;
- Address;
- Occupation;
- Wages paid each pay period; and
- Daily/weekly work hours.
Safety and Health/Workers' Compensation
Employers are required to keep a record of all injuries to an employee, including information about a disease, other disability or death with respect to an injury.
The injury or illness must be reported to the state Workers' Compensation Board within 10 days from the date the employer has knowledge of the injury, death, disease or infection.
Child Labor
Records containing information relating to the employment of minors must be kept for at least 3 years, including:
- Work permits for employees under age 17; and
- Proof of age for workers under 18.
Discrimination
Alaska requires employers to keep the records of the race, age, and sex of its employees and applicants for 2 years.
If an employer is under investigation for discrimination under the Alaska Human Rights Law, the employer must keep records for the duration of the investigation.
Employee Access to Records
- Current and former employees may examine and copy their personnel files and other personnel information kept by the employer concerning the employee.
- The employer may
require an employee or former employee who requests
copies of material to pay the
reasonable copying costs.
Arizona Recordkeeping Requirements
Arizona requires employers to maintain the following types of records. Additional requirements may apply under federal law.
Wages, Hours, and Sick Time
For each covered employee, employers generally must keep the following minimum wage and earned paid sick time records for 4 years:
- Full name, and on the same record, the employee's identifying symbol or number (if it is used in place of the employee's name on any time, work, or payroll record);
- Home address, including zip code;
- Date of birth, if under 19;
- Occupation;
- Time of day and day of week on which the employee's workweek begins;
- Regular hourly rate of pay for any workweek and an explanation of the basis of pay;
- Hours worked each workday and total hours worked each workweek;
- Total daily or weekly straight-time wages due for hours worked during the workday or workweek, exclusive of premium overtime compensation;
- Total premium pay for overtime hours and an explanation of how the premium pay was calculated (exclusive of straight-time wages for overtime hours recorded under the bullet point directly above);
- Total additions to or deductions from wages paid each pay period including employee purchase orders or wage assignments;
- Total wages paid each pay period;
- Date of payment and the pay period covered by payment;
- The amount of earned paid sick time available to the employee;
- The amount of earned paid sick time taken by the employee to date in the year;
- The amount of pay the employee has received as earned paid sick time; and
- The employee's earned paid sick time balance.
Unemployment Insurance
- For purposes of unemployment, the following information must be retained for 4 years:
- Check stubs and canceled checks for all payments;
- Cash receipts and disbursement records;
- Payroll journal;
- General journal and general ledger;
- Copies of tax reports filed with all federal and state agencies;
- Copies of W-2(s) and W-3(s);
- Other accounting records as may be required;
- For each payroll period, the:
- Beginning and ending dates of each pay period;
- Total amount of remuneration paid for all services, whether paid in cash, by check, or in any other manner, and the date of each such payment; and
- Date in each week on which the largest number of individuals worked and the number of individuals who worked on that day.
- For each worker, the:
- First and last name;
- Social Security number;
- Date hired, rehired, or returned to work;
- Date employment ended and the reason(s) for separation from work;
- Amount of remuneration paid in each calendar quarter;
- Amount of remuneration paid each pay period, including the value of any remuneration in a form other than cash;
- Amount and date of any special payment, such as a bonus, gift, or prize; and
- Place in which services were performed.
Safety and Health/Workers' Compensation
- Employers are required to keep a record of:
- Work related deaths;
- Injuries and illnesses such as those which involve medical treatment, loss of consciousness, restriction of work or motion or transfer to another job; and
- Employee exposure to potentially toxic materials or harmful physical agents.
- The accident must be reported to the state Workers' Compensation Board and the employer's insurance carrier
within 10 days from the date the employer has knowledge of the incident.
Child Labor
- Employers must keep a written statement of wages paid to employees under age 18.
Discrimination
- Employers with 15 or more employees must retain records relevant to a determination of unlawful employment.
Employee Access to Records
- Employees may inspect and copy records of exposure to hazardous substances.
- An employee subject to a drug test has a right of access to his or her own written test results, subject to the maintenance of confidentiality for other individuals.
Recordkeeping Requirements in Arkansas (AR)
Arkansas requires employers to maintain the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll Records
- The following information must be retained for 3 years for each employee:
- Name;
- Address;
- Occupation;
- Hours worked each day and week;
- Rate of pay; and
- Amount paid each pay period.
Safety and Health/Workers' Compensation
- Employers are required to keep a record of any injury to an employee.
- Employers are required to make a report to the state Workers' Compensation Commission within 10 days after receipt of notice or knowledge of injury or death.
Child Labor
- Records containing information relating to the employment of workers under the age of 18 must be kept for at least 3 years, including:
- Name;
- Address;
- Date of birth;
- Job;
- Pay rate;
- Days and hours worked; and
- Copies of employment certificates.
- Additionally, employers of employees who are under 16 years of age must obtain employment certificates.
Discrimination
- Employers must retain the following records for 3 years and must make these records available to any employee or court involved in a lawsuit against the employer for violations of the equal pay law:
- Salary;
- Wage rate;
- Job classification; and
- Other terms of employment.
California Recordkeeping Requirements
The chart below outlines the general recordkeeping requirements in California. Additional requirements may apply under federal law.
| Category | Employer Requirements | Retention Period |
| Wage, Hour, and Payroll Records | Employers must retain the following for each employee: - Name;
- Address;
- Age, if a minor;
- Hours worked daily;
- Wages;
- Job Classification;
- Terms and conditions of employment; and
- Number of piece-rate units earned and any applicable piece rates, if the employee is paid on a piece rate basis.
If the employer is subject to wage order requirements, it must retain the following for each employee: - Full name;
- Address;
- Birth date, if a minor;
- Occupation;
- Social Security number;
- Time records;
- Total wages paid each payroll period;
- Wages;
- Job Classification;
- Terms and conditions of employment; and
- Total hours worked in the payroll period and rate of pay.
| 3 years |
| Discrimination | Employers with 5 or more employees must retain all: - Completed job applications;
- Personnel files of terminated employees;
- Personnel or employment referral records; and
- Documents regarding rejected applicants.
| 2 years |
Additional requirements and exceptions to the information above may apply. For more information, please contact the California Labor Commissioner's Office.
Recordkeeping Requirements in Colorado (CO)
Colorado requires employers to maintain the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll Records
- The following information must be retained for 2 years for each employee:
- Name;
- Address;
- Social security number;
- Occupation;
- Date of hire;
- Age;
- Employment dates;
- Birth date, if under age 18;
- Daily hours;
- Pay rate;
- Allowable credits and declared tips;
- Gross and net pay; and
- Withholding information.
- Family leave records are to be retained for 3 years.
Note: Employers must retain records reflected in an employee’s itemized pay statement (§ 8-4-103(4)) for a period of at least 3 years after the wages or compensation were due. Such information includes:
- Gross and net wages earned;
- All withholdings and deductions;
- The inclusive dates of the pay period;
- The name of the employee or the employee's social security number; and
- The name and address of the employer.
Unemployment Insurance
- For purposes of unemployment, the following information must be retained for 5 years for each employee:
- Name;
- State of residence;
- Social security number;
- Date of hire, rehire or return to work after temporary layoff;
- Date and reason separated from employment;
- State(s) where services are performed;
- The worker's base of operations (or place from which services are directed or controlled, if no base of operations), if services are performed outside of Colorado;
- The basis on and the manner in which the worker is paid;
- If the worker works less than the customary full-time hours, specific amount of time lost and specific reason(s); and
- Wages paid each payroll period and the date of payment.
- For each payroll period, the following information must also be retained for 5 years:
- Beginning and ending dates;
- Total wages payable for employment during such period and the date on which wages were paid;
- Date in each calendar week on which the largest number of workers was employed and the number of such workers; and
- A reporting pay period not to exceed 1 month, if any established payroll period is longer than 1 month.
Safety & Health/Workers' Compensation
- Employers are required to keep a record of all injuries resulting in 3 lost shifts or days, and must report such injuries to the Colorado Division of Workers' Compensation and the insurer within 10 days of knowledge and immediately in the case of death or incident injuring 3 or more employees.
Child Labor
- Employers must retain age certificates for employees under 18 for the duration of employment.
Discrimination
- Whenever a charge of discrimination is filed with the Colorado Civil Rights Division, the employer must maintain all relevant records in its custody, control, or possession until final disposition (when the statutory time periods for all appeals have expired). Relevant records include, but are not limited to, the following:
- Personnel or employment records of a charging party and of all employees holding similar positions;
- Applications or test papers and assessments of all candidates for the positions sought by the charging party;
- Payroll records;
- Handbooks;
- Disability-related and medical records;
- Policies and procedures;
- Notices;
- Correspondence, emails, electronic records; and
- Other business or institutional records relevant to the allegations of the charge.
Employee Access to Records
In the case of a discrimination complaint or other type of employee lawsuit, relevant records must be retained. In addition, employees have a general right to access their personnel files maintained by current or former employers--this requirement is outlined below.
Right of Access- Employers must, at least annually, upon the request of an employee, permit that employee to inspect and obtain a copy of
any part of his or her own personnel file(s) at the employer's office
and at a time convenient to both the employer and the employee.
- A former employee may make one inspection of his or her personnel file after termination of employment.
- An employer may restrict the employee's or former employee's access to his or her files to be only in the presence of a person responsible for managing personnel data on behalf of the employer or another employee designated by the employer.
- The employer may require the employee or former employee to pay the reasonable cost of duplication of documents.
Scope of the Law - "Personnel file" means the personnel records of an employee, in the manner maintained by
the employer and using reasonable efforts by the employer to collect,
that are used or have been used to determine the employee's
qualifications for employment, promotion, additional compensation, or employment termination or other disciplinary action.
- Note: A "personnel file" does not include:
- Documents or records required to be placed or maintained in a separate file from the regular personnel file by federal or state law or rule;
- Documents or records pertaining to confidential reports from previous employers of the employee; or an active criminal investigation, an active disciplinary investigation by the employer, or an active investigation by a regulatory agency; or
- Any information in a document or record that identifies any person who made a confidential accusation, as determined by the employer, against the employee who makes a request for his or her personnel file under the law.
- The law does not require an employer to:
- Create, maintain, or retain a personnel file on an employee or former employee; or
- Retain any documents that are or were contained in an employee's or
former employee's personnel file for any specified period of time.
- Certain financial institutions are exempt from the law's requirements.
Recordkeeping Requirements in Delaware (DE)
Delaware requires employers to maintain the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for 3 years:
- Name, address, occupation, and classification of each employee or independent contractor;
- Rate of pay of each employee or method of payment for the independent contractor;
- The amount that is paid each pay period to each employee;
- Hours that each employee works each day and each work week;
- Itemized deductions; and
- For all individuals who are not classified as employees, evidence (including the written notice required below) and any other evidence in the employer's possession which the employer believes is relevant to determine whether each individual is an exempt person, an independent contractor or an employee.
- Construction services employers who hire independent contractors must, upon hiring, provide such persons with a written notice of their classification in both English and Spanish, which must be signed by both the employer and independent contractor, contain an explanation of the implications of the independent contractor classification, and feature contact information for the Delaware Department of Labor.
Unemployment Insurance
- For purposes of unemployment, employers must retain pay records for 4 years for each employee. The records must show at a minimum:
- Name and social security number;
- Gross and taxable wages for each payroll period; and
- All other payments made to the employee including holiday pay, bonuses, board and lodging, tips, and dismissal pay.
Safety and Health/Workers' Compensation
- Employers are required to keep a record of all injuries, fatal and otherwise, and also must report injuries to the state Workers' Compensation Commission within 10 days after knowledge of injury (within 48 hours in case of death or hospitalization).
- Material Safety Data Sheets (MSDS) and lists of hazardous chemicals are to be retained for 30 years.
Child Labor
- Employers must keep an employment certificate for each minor on file at all times and make it accessible to the Department of Labor upon request.
Recordkeeping Requirements in the District of Columbia (DC)
The District of Columbia requires employers to maintain the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for 3 years for each employee (or the prevailing federal standard at the time the record is created—whichever is greater):
- Name;
- Address;
- Social security number;
- Occupation;
- Birth date if under age 19;
- Date of payment and the pay period covered;
- Pay rate and amount; and
- The precise times worked each day and each workweek by each employee, except for employees who are not paid on an hourly basis and who are exempt from the minimum wage and overtime requirements under District law.
- For hourly nonexempt employees, the following must also be retained for 3 years:
- Number of weekly and daily hours;
- Daily starting and ending times;
- Mealtimes;
- Basis for wages;
- Straight time and overtime earnings;
- Deductions from and additions to wages; and
- Gross and net wages.
An employer must retain either copies of written notices required to be furnished to employees that are signed and dated by the employer and by the employee acknowledging receipt, or electronic records demonstrating that the employee received and acknowledged the notice via email or other electronic means. The template for such notice is available by clicking here (temporary staffing firms use this notice).
Employee Leave
- Under the District of Columbia Family and Medical Leave Act (DCFMLA), employers must maintain records on an annual basis which document the following:
- Total number of employees who have taken DCFMLA leave;
- Annual additional cost to the employer to replace an employee on DCFMLA leave;
- Annual additional cost to pay for employee's health insurance while on DCFMLA leave;
- Length of DCFMLA leave;
- Reason for DCFMLA leave;
- Salary, hourly wage or grade level of employee on DCFMLA leave;
- Employee's request for DCFMLA leave and supporting documents; and
- Employer's disposition of employee's request for DCFMLA leave.
Unemployment Insurance
- For purposes of unemployment, true and accurate records with respect to each employee must be retained for 7 years, and must contain the following information:
- Name and social security number of each employee;
- Beginning and ending dates of each pay period;
- Wages paid for each pay period, including the value of non-monetary remuneration; and
- Dates of employment and separation.
Safety and Health/Workers' Compensation
- Employers are required to keep a record of work-related deaths, injuries, and illnesses, other than minor injuries requiring minimal treatment.
- Employers also must retain records of employee exposure to any potentially toxic materials or harmful physical agents required to be monitored and measured.
Child Labor
- Records containing information relating to the employment of minors must be maintained, including:
- List of employees under age 18;
- Work and vacation permits; and
- Starting and quitting time of each employee.
Discrimination
- Employers must retain regularly kept business records for 6 months from the date of the making of the record or the date of the action which is the subject of the record, whichever is longer.
- If a discrimination complaint is filed, all personnel records and other records relevant to the charge or action must be retained until final disposition.
Employee Access to Records
- Current and former employees must have access to any records indicating their exposure to potentially toxic materials or harmful physical agents.
Florida Recordkeeping Requirements
The chart below outlines general recordkeeping requirements in Florida. Additional requirements may apply under federal law.
| Category | Employer Requirements
| Retention Period
|
Unemployment Insurance
| The following information must be retained for each employee: - Name and Social Security number;
- Payroll records and the address where they are maintained;
- Hours worked and wages paid (including any hourly or piece rate payments), and dates for both;
- Place of employment (county);
- Beginning and end dates of each pay period;
- Dates of hire/separation/rehire/return to work; and
- Special payments (including, for example, bonuses, gifts, prizes), with an explanation of the nature of such payments.
| 5 years |
Workers' Compensation
| Employers must maintain the following organizational and occupational records: - Federal Employer Identification Number;
- Business name and form (corporation, partnership, e.g.);
- Articles of incorporation or organization;
- Occupational licenses;
- Trade licenses or certifications; and
- Competency cards.
Among the records employers must maintain for every person to whom the employer pays or owes remuneration for any work are the following: - All checks or other records provided for salary, wage, or earned income;
- All Forms 1099 and W-2 issued;
- All written contracts or agreements between the employer and the person;
- All employment and unemployment reports filed pursuant to state law;
- Tax records filed with the IRS;
- All disbursement records;
- All employee leasing company, labor pool, and temporary labor service records;
- All subcontractor invoices;
- All workers' compensation insurance and certificates of election to be exempt;
- Certain contracts with general, independent and subcontractors, and with employee leasing companies; and
- Records establishing workers' independent contractor status.
| Current calendar year to date, plus the 2 preceding years. |
| Employers must keep a record describing every worker injury and whether the injury caused disability or death. | 2.5 years |
Child Labor
| The following documents must be maintained for each minor employed: - Proof of age (e.g., a photocopy of birth certificate, driver's license, or passport, or an age certificate);
- Waiver authorizations; and
- Proof of exemption from minor status.
| The duration of the minor's employment. |
Additional requirements and exceptions to the information above may apply, especially for specific industries.
Recordkeeping Requirements in Georgia (GA)
Georgia requires employers to maintain the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for at least 1 year for each employee:
- Name;
- Address;
- Occupation;
- Hours worked; and
- Wages paid.
Unemployment Insurance
- For purposes of unemployment, the following information must be retained for 4 years for each employee:
- Name;
- Social security number;
- State(s) where services are performed;
- Date of hire or rehire;
- Daily/weekly hours;
- Remuneration paid to employees, both cash and non-cash;
- Amounts paid as reimbursement for business expenses, along with dates of reimbursement, amounts of reimbursement, and amounts of such expenditures actually incurred and accounted for by the employee;
- Wages paid each pay period and the rate at which wages are paid;
- Beginning and ending dates of each pay period; and
- Total amount of remuneration paid in each quarter for services.
- With respect to pay periods in which the individual performs services in both covered and exempt employment, the following information also must be retained for at least 4 years after the last wage payment was due or paid for each employee:
- Hours spent in covered employment; and
- Hours spent in exempt employment.
- Records must be maintained by each employer in such form as to make it possible to determine from an inspection thereof with respect to any worker:
- Earnings by pay-period weeks or another 7-day basis period;
- Weeks of less than full-time work; and
- Time lost due to the individual's unavailability for work.
Safety and Health/Workers' Compensation
- Immediately upon knowledge of an injury, an employer must complete and file with its insurer’s or self-insurer’s claims office, an Employer’s First Report of Injury or Occupational Disease (Form WC-1).
- Injuries involving 7 or more days of lost time must be reported to the state Board of Workers' Compensation within 21 days of the employer’s knowledge of disability.
Child Labor
- Work certificates for employees under the age of 18 must be filed with the Georgia Labor Commissioner within 30 days from when the certificate was issued, and must be retained for the duration of the minor's employment.
Recordkeeping Requirements in Hawaii (HI)
Hawaii requires employers to maintain the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for 6 years for each employee:
- Name;
- Address;
- Social security number;
- Date of birth, if under 19 years of age;
- Occupation;
- Pay rate and length of pay period;
- Amount and reason for each deduction;
- Daily and weekly hours;
- Daily or weekly straight time wages;
- Weekly overtime wages;
- Total wages paid each pay period/date of payment/pay period covered;
- Rate or rates of pay and basis thereof (whether paid by the hour, shift, day, week, salary, piece, commission, or other basis);
- Gross and net wages;
- Allowances, if any, claimed as part of the minimum wage; and
- Date of hire/termination.
- Personnel records relating to the following must be retained for 1 year:
- Hiring;
- Promotion;
- Demotion;
- Layoff or termination;
- Compensation;
- Labor organization membership;
- Training and apprenticeship; and
- Employment referrals.
- Every employer, regardless of whether it uses a
professional employer organization or a third-party
administrator, must keep a record of the former
physical addresses and current physical address of the
employer and the North American Industry Classification System code applicable to the employer.
Safety and Health/Workers' Compensation
- Employers must report work-related injuries or illnesses causing 1 day's absence, medical treatment beyond first aid, or death to the state Department of Labor and Industrial Relations.
- Employers are also required to keep records regarding workplace activities related to safety and health.
Child Labor
- Every employer receiving a certificate of employment must return it to the Wage Standards Division immediately after termination of the employment. The date of termination must be displayed on the certificate.
Discrimination
- Employers must retain all records relevant to a complaint filed with an administrative agency or court until final disposition of the complaint.
Employee Access to Records
- Employees may access records of monitoring/measuring hazardous substances after notice of exposure.
Recordkeeping Requirements in Idaho (ID)
Idaho requires employers to maintain the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for 3 years for each employee:
- Personal information, including employee's name, home address, occupation, sex and date of birth if under 19 years of age;
- Hour and day when workweek begins;
- Total hours worked each workday and each workweek;
- Total daily or weekly straight time earnings;
- Regular hourly pay rate;
- Total overtime pay for each workweek;
- Deductions from wages;
- Total wages paid each pay period; and
- Date of payment of wages and pay period covered.
Unemployment Insurance
- For purposes of unemployment, the following information must be retained for each employee for a period of 5 years after the calendar year in which wages were due:
- Full name and home address;
- Social security number;
- Place of work within the state;
- Date of hire/rehire or return to work;
- Date employment was terminated and whether termination was voluntary (with reason given) or involuntary (with reason for discharge);
- Wages paid in each pay period and total wages for all pay periods ending in each quarter of the year, showing separately all money payments, the cash value of other remuneration and the amount of all bonuses or special commissions;
- Any special remuneration paid for services performed in more than one quarter of the year (such as annual commissions or bonuses, gifts and prizes), showing separately all money payments and the cash value and nature of any other remuneration; and
- Amounts paid to employees as allowances or reimbursement for travel and employee business expenses, and the amounts of such expenditures actually incurred and accounted for by them.
Safety and Health/Workers' Compensation
- Employers are required to report accidents and diseases resulting in medical treatment or absence of 1 day or more from work within 10 days.
- A supplementary report is required to be made after 60 days or when disability ends.
- Employers also must retain a record of the number and job classification of their employees and wages paid.
Child Labor
- Certain employers must keep records relating to the employment of minors over the age of 14 and under the age of 16, including:
Illinois Recordkeeping Requirements
Illinois requires employers to maintain the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for 3 years for each employee:
- Name and address;
- Hours worked each day in each work week;
- Rate of pay (and copies of written notices setting forth the employee’s rate of pay);
- Amount paid each pay period; and
- All deductions made from wages or final
compensation.
- For employers providing paid vacation, a record of the number of vacation days earned each year and the dates on which they were taken and paid must also be retained for 3 years.
- When an employer elects to pay employees in cash, the employer must obtain signed receipts from the employee indicating date of payment and amount received.
Note: Employers must keep payroll records regardless of an employee's status as either an exempt administrative employee, executive, or professional. Click here for more information.
Safety and Health/Workers' Compensation
- Employers are required to keep Material Safety Data Sheets (MSDS) and a record of all employee exposure to toxic materials and harmful physical agents for 10 years.
- Employers must also report all injuries and illnesses requiring more than first aid, as well as disability, deaths or loss of more than 3 work days, to the Illinois Workers' Compensation Commission.
Child Labor
- Employers of minors under 16 years of age are required to maintain at the place of employment where the minor is employed:
- A register listing the name, age and place of residence of each minor;
- Each minor’s employment certificate; and
- Each minor’s time records (for at least 3 years irrespective of whether the employee has been terminated and for at least 6 months after the date of termination).
Recordkeeping Requirements in Indiana (IN)
Indiana requires employers to maintain the following types of records. Additional requirements
may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for each employee:
- Name;
- Address;
- Occupation;
- Daily/weekly hours worked; and
- Wages paid each pay period.
Safety and Health/Workers' Compensation
- Employers must keep a record of all disablements caused by occupational disease, fatal or otherwise, received by employees in the course of their employment.
- A written report must be made to the insurance carrier within 7 days of a disablement that causes the employee's death or absence from work for more than 1 day.
- Employers must report to IOSHA/OSHA anytime an employee is hospitalized within 24 hours. This does not
include employees taken in for testing or observation only. Employers
must also now report any amputation or loss of an eye within 24 hours.
- Employers are also required to maintain accurate records of employee exposures to potentially toxic material or harmful physical agents.
Child Labor
- Job permits for workers under age 18 must be retained for the duration of employment.
Discrimination
- An employer must keep records of the ages of its employees.
Employee Access to Records
- Employees may access records pertaining to hazardous substance exposures.
Iowa Recordkeeping Requirements
Iowa requires employers to maintain the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for 3 years for each employee:
- Name;
- Identifying number;
- Address;
- Date of birth, if under age 19;
- Daily and work week start time;
- Daily/weekly hours;
- Pay rate and basis for pay;
- Straight time wages;
- Wage additions or deductions;
- Total wages each pay period;
- Date of payment and pay period covered;
- Wage agreements; and
- Hours worked in tipped versus non-tipped employment.
Unemployment Insurance
- For purposes of unemployment, the following information must be retained for 5 years for each employee:
- Name;
- Social security number;
- Date of hire/rehire/termination/return;
- Reason for separation;
- Scheduled hours;
- Total wages paid in each period;
- Date of payment;
- Wages;
- Cash value of other remuneration;
- Allowances or reimbursement for travel or other business expenses incurred;
- State in which services were performed; and
- Hours spent in covered and non-covered employment.
Safety and Health/Workers' Compensation
- Employers must keep records of all injuries resulting in incapacity for longer than 1 day.
- If an injury results in temporary disability causing incapacity for more than 3 days, employers must file a report with the state Workers' Compensation Commissioner within 4 days.
- If the injury results in permanent total or partial disability or death, employers must file the report within 4 days.
- Employers are also required to keep a record of employee exposure to toxic materials.
Child Labor
- Records containing information relating to the employment of workers under age 16 must be kept for the duration of their employment, including:
- Work permits; and
- A list of names and ages of minors under the age of 16.
Discrimination
- Employers must retain all records relevant to the investigation of discrimination complaints until final disposition of the complaint or investigation.
Employee Access to Records
- Employees may examine and copy their own personnel files at agreed upon times, but not employment references.
- Employers may charge a reasonable fee per page for copies.
Recordkeeping Requirements in Kansas (KS)
Kansas requires employers to maintain the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for 3 years for each employee:
- Name;
- Occupation;
- Rate/amount of pay; and
- Daily/weekly hours.
Unemployment Insurance
- For purposes of unemployment, the following information must be retained for 5 years for each employee:
- Name and Social Security number;
- State or states in which services were performed;
- Dates hired and terminated;
- The amount of wages paid and the period for which paid, showing separately:
- Cash wages, including special payments;
- Reasonable cash value or remuneration in any medium other than cash; and
- Amounts paid as allowances or reimbursement for business expenses.
Safety and Health/Workers' Compensation
- Employers must report injuries which cause the employee to be wholly or partially incapacitated from work for more than the remainder of the day, shift or turn on which the injury was sustained to the Workers' Compensation Director within 28 days after the employer's receipt of knowledge of the injury.
- If death results, an additional report to the Workers' Compensation Director is due within 28 days after the employer's knowledge of the death.
Child Labor
- Records containing information relating to the employment of minors must be maintained, including work permits for workers under age 16 not attending a state secondary school.
Discrimination
- When a complaint or notice of investigation of discrimination has been served on an employer, the employer is required to maintain all personnel records relevant to the investigation until final adjudication of the complaint or investigation.
Recordkeeping Requirements in Kentucky (KY)
Kentucky requires employers to maintain the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for 1 year for each employee:
- Name or identifying number (if used in place of a name);
- Social Security number;
- Daily/weekly hours;
- Address;
- Date of birth, if under age 18;
- Sex and occupation in which employed;
- Occupation;
- Time of day and day of week on which the employee's workweek begins;
- Regular pay rate;
- Total straight time earnings;
- Overtime compensation;
- Total additions to or deductions from wages paid each pay period; and
- Total wages paid each pay period and date of payment.
Safety and Health/Workers' Compensation
- Employers are required to keep a record of all injuries causing disability for more than 1 day.
- Employers are also required to report such injuries to the state Department of Workers' Claims within 1 week after the employer has knowledge of the injury, including the following information:
- Name, nature and location of the business of the employer;
- Name, age, sex, wages and occupation of injured employee;
- Date and hour of the accident; and
- Nature and cause of the injury.
Child Labor
- Records containing information relating to the employment of workers under age 18 must be kept, separate from payroll records, including:
- Name;
- Age;
- Address;
- Starting/ending times; and
- Mealtimes.
- Work permits must also be kept on file.
Discrimination
- Employers with 8 or more employees must maintain the following types of records:
- All relevant records regarding whether unlawful practices have been or are being committed, for 1 year (or, if a complaint has been filed, until the action is resolved); and
- Applicant records for apprenticeship and training, and requests for reasonable accommodations by individuals with disabilities, for 2 years.
Recordkeeping Requirements in Louisiana (LA)
Louisiana requires employers to maintain the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for 1 year for each employee:
- Name;
- Address;
- Occupation;
- Daily/weekly hours; and
- Wages.
Unemployment Insurance
- For purposes of unemployment, the following information must be retained for 5 years for each employee:
- Name;
- Social security number;
- Place where services are performed, or if performed in more than one place, the base of operations;
- Date of hire, rehire, or return to work after a layoff;
- Date of separation;
- Compensation, showing separately all cash payments, the value of any noncash payments and special payments such as bonuses; and
- Reimbursements for business expenses.
Safety and Health/Workers' Compensation
- Within 10 days of an employer's actual knowledge of an injury resulting in death or in lost time in excess of 1 week after the injury, the employer must send a report to its insurer, if any, providing the following information:
- Name, address, and business of the employer;
- Name, social security number, address, telephone number and occupation of the employee;
- Date, time, and particular locality where the injury or death occurred;
- Cause and nature of the injury or death; and
- Wages the worker was earning at the time of the injury.
- Employers with more than 10 employees who are subject to federal OSHA recordkeeping requirements must, within 90 days of any occupational death of an employee, any non-fatal occupational illness, or any non-fatal occupational injury involving either loss of consciousness, restriction of work or motion, transfer to another job, or medical treatment other than first aid, send to the records management section the following information:
- Employer's name;
- Employee's name;
- Employee's occupation;
- A description of the employee's duties;
- A description of the employee's workplace;
- Date of death, injury, or onset of illness;
- A description of the accident or occurrence resulting in death, injury, or illness; and
- The number of work days lost or days of restricted activity involving the employee and resulting from the accident, occurrence, or illness.
- Employers must keep records of employee exposure to hazardous substances.
- Employers that have paid workers' compensation benefits are required to file an annual report showing the amount of actual workers' compensation benefits paid in the previous calendar year.
- The report must be provided no later than April 30th of each year.
Child Labor
- Work permits relating to the employment of workers under age 18 must be kept unless the employee is in a federally-funded training program or employed in certain performing arts.
Discrimination
- If a discrimination complaint has been filed, an employer must retain all records relevant to whether an unlawful employment practice has occurred until final resolution of the complaint.
Employee Access to Records
- Current and former employees have the right to access an employer's records of employee exposures to potentially toxic materials or harmful physical agents, as well as certain employee medical records and analyses using employee exposure or medical records as provided by federal OSHA standards.
Recordkeeping Requirements in Maine (ME)
Maine requires employers to maintain the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
-
The following information must be retained for 3 years for each employee:
Unemployment Insurance
- For purposes of unemployment, the following information must be retained for 4 years for each employee:
- Name;
- Social security number;
- Beginning and ending dates of payroll periods;
- Days per pay period on which the employee worked;
- Daily hours worked;
- Total wages earned each week; and
- Special payments of any kind, including but not limited to annual bonuses, gifts, prizes, and other awards.
Safety and Health/Workers' Compensation
- Employers must record any injuries causing work loss for 1 or more days, with a report to be submitted to the state Workers' Compensation Board within 7 days after the employer has knowledge of the injury.
- The employer also must report the average weekly wages or earnings of the employee within 30 days after the employer receives notice or has knowledge of a claim for workers' compensation (unless a wage statement has previously been filed with the Board), with a copy to the employee.
Child Labor
- Records containing the daily starting/stopping times and total hours worked for workers under age 18 must be kept, unless nonhazardous farm or domestic work is performed.
Sexual Harassment Training
- Under a state law, employers with 15 or more employees must keep for at least 3 years a record of mandatory sexual harassment training (including a record of employees who have received the required training).
Discrimination
- Employers must retain records for every employee for 1 year from the date of the record, action or involuntary termination including:
- Application forms;
- Rating sheets;
- Tests;
- Records;
- Information regarding hiring, promotion, demotion and transfer;
- Rates of pay;
- Seniority;
- Selection for training; and
- All other records relating to the employee's work.
Employee Access to Records
- Employers are also required to provide current or former employees a copy of their entire personnel file free of charge once a year upon request.
Recordkeeping Requirements in Maryland (MD)
Maryland state law requires employers to maintain the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for 3 years for each employee:
- Name;
- Address;
- Occupation;
- Job class;
- Rate of pay;
- Amount paid each pay period;
- Hours worked each day and each workweek; and
- Training wages.
Sick and Safe Leave
Under the state sick and safe leave law, an employer must keep for at least 3 years a record of:
- Earned sick and safe leave accrued by each employee; and
- Earned sick and safe leave used by each employee.
Certain smaller employers are only required to provide unpaid earned sick and safe leave.
Unemployment Insurance
- For purposes of unemployment, the following information must be retained for 5 years for each employee:
- Social security number;
- Wages per pay period;
- Special payments;
- Dates of hire, rehire or return from layoff;
- Dates and reasons for termination;
- Pay basis;
- Methods to compute wages;
- Amount of time lost due to unavailability; and
- Start/end date of pay period.
Safety and Health/Workers' Compensation
- Employers must report an employment accident to the state Workers' Compensation Commission within 8 hours after it occurs if the accident results in the death of an employee or hospitalization of at least 3 employees.
- If an accidental personal injury causes disability for more than 3 days or death, the employer must report the accidental personal injury and the disability or death to the Workers' Compensation Commission within 10 days after receiving oral or written notice of the disability or death.
- Employers also must promptly report disabilities that are caused by an occupational disease to the state Workers' Compensation Commission.
- Such kinds of reports must contain the following information:
- Whether the injury or disease arose out of and in the course of employment;
- The time, cause and nature of the disability and the injury or disease;
- The probable duration of the disability; and
- Any other information required by the state Workers' Compensation Commission.
- Employers also must notify workers of their exposure to hazardous substances.
Child Labor
- Employers must retain a work permit for each minor employed for the duration of their employment.
Discrimination
- Employers must keep records of wages, job class, and other conditions of employment.
Employee Access to Records
- Employees must be allowed access to hazardous exposure records.
Massachusetts Recordkeeping Requirements
The chart below outlines general recordkeeping requirements in Massachusetts. Additional requirements under federal law may apply.
| Category | Employer Requirements | Retention Period |
| Wage, Hour, and Payroll Records | Employers must retain the following information for each employee: - Name;
- Complete address;
- Social Security number;
- Occupation;
- Amount paid each pay period;
- Hours worked each day and each week;
- Rate of pay;
- Vacation pay;
- Deductions made from wages;
- Fees or amounts charged by the employer to the employee; and
- Dates worked each week.
| 3 years |
| Unemployment Insurance | Employers generally must retain the following information for each employee: - Records of employment and unemployment, including whether any week was less than full-time work and time lost by such worker due to unavailability for or inability to work;
- Wages, including payrolls and wages earned by calendar weeks; and
- Hours, including working sheets.
| 4 years |
| Child Labor | Employers must keep the following on file: - Employment permits issued to minors; and
- A complete list of all minors’ names and ages.
| As long as the minor works at that location or until the minor reaches the age of 18. |
| Health Insurance | Employers with 6 or more employees must annually submit a Health Insurance Responsibility Disclosure (HIRD) form, which collects information about employer-sponsored health insurance. | N/A |
Additional requirements and exceptions to the information above may apply. For more information, please contact the Massachusetts Office of Labor and Workforce Development.
Michigan Recordkeeping Requirements
The chart below outlines the general recordkeeping requirements in Michigan. Additional requirements may apply under federal law.
| Category | Types of Records Required | How Long to Keep |
| Payroll | For each employee: - Name
- Address
- Occupation
- Birth date
- Rate of pay
- Hours worked per pay period
- Total wages paid each pay period
- Itemization of deductions from wages
- Itemization of fringe benefits provided
| 3 years |
| Paid Sick Leave | Records documenting the hours worked and earned sick leave taken by employees. | At least 3 years |
| Unemployment Insurance | For each employee: - Name
- Workplace
- Social Security number
- Dates of each pay period
- Hours spent performing covered and exempt services
- Total amount of compensation paid in any quarter
- Remuneration paid for services and dates of payment, including cash value of remuneration in any medium other than cash
- Allowances or reimbursement for travel or other business expenses
- Date of hire, rehire, and/or return
- Date and reason for separation
| 6 years |
| Safety & Health | Employers generally must retain: - Hazardous exposure records
- Medical records
| - Hazardous exposure records: At least 30 years
- Medical records: At least the duration of employment plus 30 years
|
| Child Labor | Daily hours and start/quit times for workers under age 18 | 1 year |
Additional requirements and exceptions to the information above may apply. For more information, please contact the Michigan Department of Licensing and Regulatory Affairs.
Recordkeeping Requirements in Minnesota (MN)
Minnesota requires employers to maintain the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for 3 years for each employee:
- Name;
- Address;
- Occupation;
- Rate;
- Wages; and
- Daily and weekly hours.
Unemployment Insurance
- For purposes of unemployment, the following information must be retained for 4 years:
- Information for each worker:
- First and last name
- Social Security number
- Location where services were performed
- Rate of pay
- Actual days and number of hours worked
- Gross earnings and the amount paid
- Payroll Records:
- Payroll register
- Individual earnings records
- Time cards (selective review)
- Federal Records:
- Forms W-2 and W-3
- Forms 940 and 941
- Forms 1096 and 1099
- Federal income tax returns
- General Accounting:
- Chart of accounts
- Detailed general ledger
Safety and Health/Workers' Compensation
- Employers are required to report a death or serious injury to the state Department of Labor and Industry and the insurer within 48 hours after its occurrence.
- This initial report may be made by telephone, telegraph or personal notice and must be followed up with a written report of the injury within 7 days from its occurrence.
- Employers are also required to report to the state Department of Labor and Industry other injuries which wholly or partially incapacitate an employee for more than 3 days within 10 days from the occurrence.
- Federal OSHA generally requires employers to notify OSHA of all work-related fatalities within 8 hours, and of all work-related in-patient hospitalizations, amputations, or
losses of an eye within 24 hours. Minnesota OSHA requires Minnesota employers to report the following to Minnesota OSHA:
- All work-related fatalities within eight hours;
- All work-related inpatient hospitalizations within 24 hours;
- All work-related amputations within 24 hours;
- All work-related losses of an eye within 24 hours.
- Employers are required to retain records regarding hazardous exposures for 30 years and employee training on hazardous substances for 5 years.
Child Labor
- Records containing information relating to the employment of workers age 18 and under must be kept for the duration of employment, including:
- Age certificate;
- Copy of the minor's birth record; or
- Copy of the minor's driver's license.
Discrimination
- Employers must retain applicant and employee records for 1 year.
- If a charge is filed, all records related to the charge must be kept until the charge is resolved.
Employee Access to Records
- For most private employers, employees are allowed to review their employment files every 6 months upon written request, except for references, investigations, business operations, testing, records regarding another employee, medical reports, and legally privileged information.
- Former employees may examine their files once each year after separation for as long as the personnel record is maintained.
- Employers have 7 work days to respond to the request if the record is within the state and 14 days if the record is stored out of state.
- Employers may not charge for copying.
Recordkeeping Requirements in Mississippi (MS)
Mississippi requires employers to maintain the following types of records. Additional requirements may apply under federal law.
Unemployment Insurance
- For each individual worker and each pay period, records must show the:
- Employee’s Social Security account number;
- Employee’s name;
- Employee’s place of employment within the state;
- Period covered by each payment;
- Number of hours worked for each pay period;
- Employee’s wages for employment, showing separately:
- Cash wages; and
- Cash value of any other remuneration;
- Any special payments for services other than those rendered exclusively in a given quarter (such as annual bonuses, gifts, prizes, etc.), showing separately
- Cash payments; and
- Any other remuneration and the nature of said payment; and
- Number of hours worked and wages payable in each week (except for workers paid on a salary or fixed stipend).
Safety and Health/Workers' Compensation
- Employers are required to keep a record of all injuries to employees which must include:
- Name and address of the employee;
- Date of the accident;
- Name and address of the employer;
- Nature of the injury;
- Number of days lost; and
- Total medical expenses.
Child Labor
- Employers must retain the following information with respect to workers under 16 years of age who work in a mill, cannery (except fruit and vegetable canneries), workshop, factory or manufacturing establishment:
- Parental affidavits; and
- A register of the information in the affidavits.
- Employers must require workers under 16 years of age who work in a mill, cannery (except fruit and vegetable canneries), workshop, factory or manufacturing establishment to present a certificate of the superintendent or principal of the school of the district where the child lives stating:
- Place and date of birth;
- Last school attendance;
- Grade of study pursued;
- Name of school; and
- Name of teacher in charge.
Recordkeeping Requirements in Missouri (MO)
Missouri requires employers to maintain the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for 3 years for each employee:
- Name;
- Address;
- Occupation;
- Pay rate;
- Amount paid each pay period;
- Daily/weekly hours; and
- Goods/services provided by the employer.
Unemployment Insurance
- For purposes of unemployment, the following information must be retained for 3 years for each employee:
- Name and social security number;
- Date of hire/rehire/return/termination;
- Weekly days of work;
- Place work was performed;
- Beginning and ending of payroll period;
- Wages;
- Cash value of noncash remuneration;
- Gratuities; and
- Special payments.
Safety and Health/Workers' Compensation
- Employers are required to report the following information regarding injuries to employees to the insurer within 5 days and to the Division of Workers' Compensation within 30 days:
- Name;
- Address;
- Date of birth;
- Wages;
- Time and cause of accident;
- Nature and extent of the injury;
- Name/address of employee and attorney;
- Medical costs; and
- Amount of lost work time.
- Employers also must retain records of employee exposure to radioactive materials (including social security number and date of birth) for 5 years.
Child Labor
- Employers subject to any provisions of the child labor laws (generally regarding children under 16) must make and keep the following records on the premises for a period of at least 2 years:
- The work certificate;
- Name;
- Address;
- Age; and
- Times and hours worked by such child each day.
- Employers must keep the work certificate or work permit on file and must post in a conspicuous place a list of all children who are employed and under the age of 16.
- Such permits are to be returned to the issuer immediately upon termination of the child's employment.
Discrimination
- Employers with 6 or more employees must retain personnel files of applicants and employees for 1 year or until a pending claim is resolved, including:
- Applications; and
- Records of hiring, promotion, training, demotion, transfer, termination, pay rates and other compensation.
Recordkeeping Requirements in Montana (MT)
Montana requires employers to maintain the
following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for 3 years for each employee:
- Name, address,
date of birth, and sex;
- Occupation;
- Time of day and
day of week on which the employee's workweek begins;
- Regular hourly
rate of pay and length of pay period;
- Hours worked each
workday and total hours worked each workweek;
- Total daily or
weekly straight-time compensation;
- Total weekly
overtime compensation;
- Total additions
to or deductions from wages paid each pay period and the dates, amounts and nature
of such additions and deductions;
- Total wages paid
each pay period;
- Date of payment
and the pay period covered by payment;
- Certificates,
agreements and plans such as collective bargaining agreements and employment
contracts;
- Sales and
purchase records; and
- All basic time
and earnings cards, wage rate tables and worktime schedules.
Unemployment
Insurance
- For purposes of unemployment, the following information must be retained
for 5 years for each employee:
- Name;
- Social security
number;
- Wages;
- Special payments;
- Gratuities;
- Noncash
compensation;
- Date of
hire/rehire/return/termination;
- Cause of
termination;
- Method of compensation;
- Evidence of business
ownership;
- Beginning/end
dates for pay periods; and
- Number/dates of
weeks in which there were one or more employees.
Safety and
Health/Workers' Compensation
- Employers are
required to keep their books, records and payroll relating to the administration of Montana workers'
compensation law open to inspection at all times by the state Department of Labor
and Industry.
- Employers must maintain
a list of hazardous substances and chemicals, and records of potential or
actual exposure.
- Employers must
retain, for 2 years or while a complaint is pending, records of:
- Age;
- Sex; and
- Race of each
employee.
Recordkeeping Requirements in Nebraska (NE)
Nebraska requires employers to maintain the
following types of records. Additional requirements may apply under federal law.
Unemployment
Insurance
Safety and
Health/Workers' Compensation
- Employers are
required to maintain records of health and safety inspections.
- Employers are
also required to report accidents resulting in death or injury within 48 hours
of death or within two weeks of nonfatal injury.
Child
Labor
- Records
containing information relating to the employment of workers under the age of
16 must be kept, including:
- Two lists of
names, one of which must be filed and the other posted near the principal
entrance of the building where the child works; and
- Work permits,
which must be returned to school authorities upon termination of the child's
employment.
- Employers with 15 or more employees must
keep records of:
- Wages;
- Wage rates;
- Job
classifications; and
- Other terms and
conditions of employment.
Recordkeeping Requirements in Nevada (NV)
Nevada requires employers to maintain the
following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for 2 years for each employee:
- Gross/net wages
or salary;
- Deductions;
- Total hours per
day and pay period; and
- Date of payment.
Note: An agreement under state law to exclude certain periods for meals, sleep, and other free time from the wages of a domestic service employee may be used to establish the total hours of employment of a domestic service employee in a pay period in lieu of maintaining precise records of the number of hours worked per day. In such instances, the employer must keep a copy of the agreement and indicate in the record of wages that the work time of the domestic service employee generally coincides with the agreement.
If it is found by the parties that there is a significant deviation from the initial agreement, a separate record must be kept for the period in which the deviation occurs or a new agreement must be reached that reflects the actual facts.
Additionally, under a separate Nevada law regarding domestic workers, an employer must keep a record of the wages and hours of a domestic worker.
Unemployment Insurance
- For purposes of unemployment, the following information must be retained
for 4 years for each employee:
- Beginning/ending
dates;
- Total wages
payable;
- Date of payment;
- Name;
- Social security
number;
- Rate of pay;
- Date of
hire/rehire/return;
- Date/reason if
terminated;
- State in which
the work was performed; and
- The dates worked and the total amount of wages earned in each payroll period and the date on which the wages are paid with separate entries for:
- Money wages;
- Cash value of other remuneration (including meals and lodging); and
- Special payments by cash or other remuneration for services performed identified as bonuses, prizes or similar awards.
Safety and
Health/Workers' Compensation
- Employers are required to report to the state Division of Occupational Safety and
Health within 8 hours
any fatal accidents or accidents requiring
hospitalization of 3 or more employees, and also must maintain records of such reports.
- Employers also must
maintain for 3 years any notices of employee injury or death
provided by the employee or the employee's dependents.
- Within 6 working
days after the receipt of a claim for compensation from a physician,
chiropractor or medical facility, an employer must complete and file with
his insurer or third-party administrator an employer's report of industrial
injury or occupational disease.
- Self-insured
employers must keep a record of claim expenditures, checks for claims, and
papers used to report annual claim expenditures.
Child
Labor
- Employers must
keep on file work permits obtained by workers between the ages of 15 and 18 for
each job held until the age of 18.
- Upon termination
of employment, the employer must return the permit to the authority which
issued it.
Domestic Violence Leave
Under the state domestic violence leave law, an employer must maintain a record of the hours of leave taken under the law for each employee for a 2-year period following the entry of such information in the record and—upon request—must make those records available for inspection by the Labor Commissioner. The employer must exclude the names of the employees from the records, unless a request for a record is for the purpose of an investigation.
Furthermore, the employer of an employee who takes hours of leave under the law may require the employee to provide to the employer certain documentation that confirms or supports the reason the employee provided for requesting leave. Any such documentation is confidential and must be retained by the employer in a manner consistent with the requirements of the federal Family and Medical Leave Act (FMLA).
- Current and
former employees may examine and copy personnel records, but not investigative
reports, references, or criminal information.
- Employees and former
workers may have access to any records indicating exposure to toxic material or
harmful physical agents.
Recordkeeping Requirements in New Hampshire (NH)
New Hampshire requires employers to maintain
the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for 4 years for each employee:
- Name;
- Address;
- Job classification;
- Basis for pay if
not straight time;
- Hours worked;
- Wages paid;
- Starting/ending
times; and
- Meal periods.
Note: Every employer must maintain on file a signed copy of written notifications—signed by the employee and provided to each employee as required by the rules below:
- Every employer must—at the time of hiring and prior to any changes—notify his or her employees in writing as to the rate of pay or salary, whether by daily, weekly, biweekly, semi-monthly, or yearly, or by commissions, as well as the day and place of payment and the specific methods used to determine wages due under state law.
- Every employer must provide his/her employees with a written or posted detailed description of employment practices and policies as they pertain to paid vacations, holidays, sick leave, bonuses, severance pay, personal days, payment of the employee's expenses, pension, and all other fringe benefits.
- Every employer must inform his or her employees in writing of any change to such employees' rate of pay, salary, or employment practices or policies as referred to in the two bullet points above, prior to the effective date of such change.
Unemployment Insurance
- For purposes of unemployment, the following information must be retained
for 6 years for each employee:
- Name;
- Date of
hire/rehire/return to work/separation from employment;
- Number of hours
employed for each week;
- Social security
number;
- Weekly wages, including
money wages, cash value of non-cash remuneration, special payments and nature
of payments;
- Whether any week was less than full-time;
- Time lost, if any, due to reasons other than lack of work;
- Amount and date
of wage payments; and
- The number of
workers in covered employment.
Safety and
Health/Workers' Compensation
- Employers are required to keep a record for 30
years of employee exposure
to hazardous substances (including a Material Safety Data Sheet or MSDS for
each toxic substance).
- Employers must report to the state Department
of Labor work-related
injuries or illnesses within 5 days of learning of the accident, as well as a supplemental
report within 7 days if the disability lasts more than 3 days.
- Employers must retain these reports for 5 years.
Child
Labor
- Records
containing information relating to the employment of workers under 16 years of
age must be kept, including:
- Work certificates;
- Age verification;
and
- Proof of adequacy
of health.
- Employers must
obtain and maintain the consent of the parent of a 16- or 17-year-old youth who
has not graduated from high school or received a general equivalency diploma.
- Employers must
provide a reasonable opportunity for employees to inspect their personnel files
upon request and also must provide employees upon request with a copy of all or
part of their personnel files (an employer may charge a fee reasonably related
to the cost of supplying the requested documents), except that disclosure of
the following is not required:
- Information in
the personnel file of a requesting employee who is the subject of an
investigation at the time of the request, if disclosure of such information would
prejudice law enforcement; or
- Information relating
to a government security investigation.
New Jersey Recordkeeping Requirements
New Jersey requires employers to maintain the following types of records. Additional requirements may apply under federal law.
Note: Employers in New Jersey are required to post a notice regarding their recordkeeping obligations under certain state laws including the Wage Payment Law and the Wage and Hour Law. Employers are also required to provide a written copy of the notice to each employee at the time of the employee’s hiring.
Wages/Hours/Payroll
- The following information must be retained for 6 years for each employee:
- Name;
- Address;
- Birth date, if under age 18; and
- Hours and wages.
Earned Paid Sick Leave
Employers must retain records documenting hours worked and earned paid sick leave taken by employees for 5 years.
Unemployment Insurance
- For purposes of unemployment, the following individual worker records must be maintained for the current calendar year and for the 4 preceding calendar years:
- Full name, address, and social security number;
- The date hired, rehired, and returned to work after temporary layoff;
- The date separated from employment and the reason for such separation;
- The number of base weeks and wages; and
- Total remuneration paid, showing separately:
- Cash, commissions, and bonuses;
- Reasonable cash value of remuneration paid by the employer in any medium other than money, including room and board, meals and tips; and
- Special payments such as bonuses, gifts, etc., which have been paid during the pay period but which relate to employment in a prior period.
- In addition, the following payroll records must be maintained for the current calendar year and for the 4 preceding calendar years:
- The full name of each employee and the days of the calendar week in which work was performed for remuneration;
- The beginning and ending dates of each pay period;
- The total amount of wages paid to each employee in each pay period; and
- The total remuneration paid to all such individuals combined, separately by money and other remuneration, in each pay period and in all pay periods within each quarter.
Safety and Health/Workers' Compensation
- Employers are required to keep a record of safety and health/workers' compensation records regarding accidents and occupational diseases, workplace environmental surveys and fact sheets for hazardous substances present in the workplace.
Child Labor
- Records containing information relating to the employment of workers under age 19 must be kept for 1 year, including:
- Name;
- Birth date;
- Address;
- Daily hours;
- Start/ending times;
- Mealtimes; and
- Wages.
- Employment certificates must be kept for employees under the age of 18.
- Public employees must be able to access records relating to:
- Exposure to hazardous substances;
- Hazardous fact sheets; and
- Environmental surveys.
New Mexico Recordkeeping Requirements in New Mexico
New Mexico requires employers to maintain the
following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
The following information must be retained for at least
1 year for each
employee:
- Wages; and
- Daily/weekly
hours.
The following
information must be retained for 10 years after the filing of a report for unclaimed
wages of an employee:
- Name; and
- Last known
address.
Unemployment Insurance
For purposes of unemployment, the following information must be retained
for 4 years for each employee:
- Name;
- Address;
- Social security
number;
- Dates/period of
employment;
- Total wages per
pay period;
- Beginning/ending
dates of pay periods;
- Whether the employee worked less than full time, and if so, specific hours/dates; and
- The reasons for separation.
Safety
& Health/Workers' Compensation
Employers are required to keep a record of all
injuries resulting in more
than 7 days' absence, and also must report such injuries to the state
Workers' Compensation Administration within 10 days after the injury or after
the employer has been notified of the disability.
Records of
exposure to toxic materials must also be kept.
Material Safety
Data Sheets (MSDS) on hazardous substances must be retained for 30 years.
Child
Labor
Employers must
keep a file of all work permits for employees who are minors and conspicuously post a list of minors employed by virtue of a work permit.
Please Note: The state laws summaries featured on
this site are for general informational purposes only. In addition to state
law, certain municipalities may enact legislation that imposes different
requirements. State and local laws change frequently and, as such, we cannot guarantee
the accuracy or completeness of the information featured in the State Laws
section. For more detailed information regarding state or local laws, please
contact your state labor department or the appropriate local government agency.
New York Recordkeeping Requirements
Employers are generally required under both federal and state law to retain certain types of records relating to their current and former employees. The chart below outlines the general state law requirements for recordkeeping in New York.
| Category | Employer Requirements
| Retention Period
|
Wage, Hour, and Payroll Records
| Employers must keep weekly payroll records that show the following for each employee: - Name, address, and Social Security number;
- Daily/weekly hours;
- Rate(s) of pay and basis of payment;
- Deductions;
- Allowances, if any, claimed as part of the minimum wage;
- Gross and net wages;
- Student classification (if applicable); and
- When a piece rate is used, the rate(s) and number of pieces completed at each rate.
In addition, for executive, administrative, or professional employees, the employer's records must show each employee's: - Name, address, and Social Security number;
- Occupation description; and
- For employees in an executive or administrative capacity, total wages, and the value of any allowances for each payroll period.
| 6 years |
Unemployment Insurance
| The following information must be retained for each employee: - Name and Social Security number;
- Beginning and ending dates of each pay period;
- Total amount of compensation for each pay period, including value of
non-cash remuneration (e.g., board, rent, housing) and tips; and
- Total amount of compensation subject to unemployment compensation contributions under state law.
| 3 years |
Safety and Health/Workers' Compensation
| The following organizational records must be kept for workers' compensation: - Federal Employer Identification Number;
- Business name and form (such as corporation or partnership);
- Articles of incorporation or organization; and
- Current list of officers, partners, or principals of the business.
The following employment records must be kept for each employee: - Name, Social Security number (or taxpayer identification number);
- Each day, month, and year or pay period of employment;
- A description of general duties sufficient to allow classification for workers' compensation premium purposes;
- All records provided for salary, wage, or earned income;
- The value of other remuneration such as meals, tips, or lodging;
- Federally required annual wage or earnings statements;
- All written agreements with the employee describing the terms of employment;
- Tax records filed pursuant to federal and state law.
| 3 years |
Records must be kept of any injury or illness incurred by an employee in the course of employment on the appropriate form prescribed by the workers' compensation board.
| 18 years |
Employers must keep a record of the name, address, and Social Security number of each employee who uses or handles a hazardous substance, and which substance was handled by which employee. | 40 years |
| Child Labor | Employment certificates must be kept on file for each minor. | Certificates must be returned to minors upon termination of employment. |
Additional requirements and exceptions to the information above may apply, especially for specific industries. For more information, please contact the New York Labor Department.
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.
Recordkeeping Requirements in North Carolina (NC)
North Carolina requires employers to maintain
the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for 3 years for each employee:
- Name;
- Address/phone number;
- Date of birth, if under 20;
- Occupation/job title;
- Time of day and day of week the employee's workweek begins;
- Regular rate of pay;
- Hours worked each workday/workweek;
- Straight-time earnings each workweek;
- Overtime earnings each workweek;
- Additions or deductions from wages;
- Gross wages paid each pay period;
- Date of each payment;
- Tip credits; and
- Costs of meals, lodging, or other facilities.
Note: Certain state overtime provisions, and certain state recordkeeping (§ b) provisions as they relate to this exemption, do not apply to any employee of a seasonal amusement or recreational establishment.
Safety and
Health/Workers' Compensation
- Employers are
required to keep a record of all injuries, fatal and otherwise, received by
employees in the course of employment.
- Within 5 days
after the occurrence and knowledge of an injury to an employee causing disability
for more than 1 day, employers must file a report with the North Carolina
Industrial Commission.
- Employers are
also required to keep records of employee exposure to potentially toxic
materials or harmful physical agents.
- A list of
hazardous substances in the workplace and material safety data sheets for each hazardous
substance must also be kept.
Child
Labor
- Records
containing the following information relating to the employment of workers
under age 18 must be kept:
- Employment certificates
(except newspaper carriers);
- Age;
- Wages;
- Hours; and
- Conditions of
employment.
Recordkeeping Requirements in North Dakota (ND)
North Dakota requires employers to maintain
the following types of records. Additional requirements may apply under federal law.
Unemployment Insurance
For purposes of unemployment, the following information
must be retained for each employee for
5 years:
- Name;
- Social security number;
- State(s) in which the employee’s services are performed;
- Date hired, rehired, or returned to work;
- Date separated from work and the reason;
- Remuneration and dates of payment, showing separately:
- Cash remuneration, including special payments (such as bonuses, gifts, etc.);
- Reasonable cash value of remuneration other than cash, including special payments (such as bonuses, gifts, etc.); and
- Gratuities received from persons other than the employer.
- Amounts paid as allowances or reimbursement for traveling or other business expenses:
- Date of payment; and
- Amount of expenditures actually incurred by the employee.
- Weeks of less than full-time work;
- Beginning/ending dates of each pay period;
- Wages paid each quarter;
- Time lost due to reasons other than lack of work; and
- Calendar days worked.
Safety and
Health/Workers' Compensation
Employers must report a
notice of injury with the state Workforce Safety and Insurance Organization
within 7 days from the date the employer receives notice of injury from the
employee.
Child
Labor
Employment
certificates for workers under age 16 must be kept on file.
Discrimination
The following information must be retained for each employee:
- Wages and rate of pay;
- Job classification; and
- Other conditions of employment.
Employers must preserve records relating to the above for as long as the employee is employed and two years thereafter, and must make reports from the records as the labor commissioner prescribes.
Recordkeeping Requirements in Ohio (OH)
Ohio requires employers to maintain the
following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
The following information must be retained for
3 years for each employee:
- Name;
- Address;
- Occupation;
- Rate/amount of
pay for each pay period; and
- Daily/weekly
hours.
Unemployment
Insurance
For purposes of unemployment, the following information must be retained
for 5 years for each employee:
- Name;
- Address;
- Social security
number;
- Gross earnings;
- Date of payment and amount of wages paid with respect to each pay period;
- Date(s) on which services were performed;
- Dates hired/rehired/returned to work;
- Date and cause of termination;
- Time lost due to being unavailable for work;
- Character of services performed;
- Division between covered and excluded employment (when both such services appear in the same pay period); and
- Cash value of any remuneration in lieu of or in addition to cash.
Safety and Health/Workers' Compensation
- For purposes of workers' compensation, employers must maintain
complete records showing all payroll expenditures for at least 5 years.
- Employers must keep a record of all injuries and occupational
diseases received by employees in the course of their employment that
result in a disability lasting 7 or more days.
- A report must be submitted to the Bureau of Workers' Compensation
within 1 week after learning of the injury, death, or occupational
disease. The report must state the following:
- Employer's name and type of business;
- Place of work;
- Employee's name/address;
- Employee's occupation and amount of time worked in that capacity;
- Nature and cause of injury, disease, or death; and
- Such other information as is required by the Bureau.
Child Labor
- Every minor 14 to 17 must have a work permit, unless otherwise provided by law.
- The employer must keep a list of minors employed at each
establishment, which must be posted in a conspicuous place to which all
minor employees have access.
- For a period of 2 years, every employer must keep written records that shows each minor's:
- Name;
- Address;
- Occupation;
- Number of hours worked each day;
- Hours starting and stopping work;
- Meal periods; and
- Wages paid each pay period.
Employee Access to Records
- Employers must provide employees with access to their wage and hour records.
- Employees and former employees must be given access to medical
records resulting from a physical examination required by an employer as
a condition of employment, or resulting from a work injury or disease.
Recordkeeping Requirements in Oklahoma (OK)
Oklahoma requires employers to maintain the
following types of records. Additional requirements may apply under federal law.
Unemployment
Insurance
For purposes of unemployment, the following information must be retained
for 4 years for each employee:
- Name;
- Social security
number;
- Type/name of
business;
- All payroll
records;
- All general
ledgers, cash disbursement ledgers; check registers, cash receipts journals and check
stubs;
- Beginning and
ending dates of each pay period;
- Start/end work dates;
- Total wages paid,
showing separately cash wages, the cash value of any noncash remuneration,
tips, special payments, and total amount of wages paid for each pay period;
- Date of
hire/separation and reason (indicating in detail whether separation from work
was because of lack of work, voluntary on part of employee, employee misconduct
or other reason);
- State(s) where
services were performed;
- Employer's
quarterly contribution and wage reports filed with the Oklahoma Employment
Security Commission;
- Records that
supply data that is required in any field on any Oklahoma Employment Security Commission
report form that is required to be filed by an employer;
- Any other records
deemed necessary for review by the Oklahoma Employment Security Commission;
- All accounting
records, business and personal;
- All bank
statements and banking records; and
- All federal and
state income tax returns, business and personal, including schedules.
Safety and
Health/Workers' Compensation
Employers must file a report with the state Workers' Compensation
Court and employer's insurance carrier within 10 days after receiving notice of the injury.
Child
Labor
Records
containing information relating to the employment of workers under age 16 must
be kept, including:
- Name;
- Age;
- Age and school
certificates;
- Opening/closing
times;
- Required/permitted
hours of work;
- Start/end times;
- Mealtimes; and
- Hours minors may
work each shift.
Recordkeeping Requirements in Oregon (OR)
Oregon requires employers to maintain the following
types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
The following information must be retained for
2 years for each employee:
- Full Name;
- Address;
- Date of birth, if under 19;
- Occupation in which employed;
- Day/week the employee's workweek begins;
- Regular rate of pay and an explanation of the basis of
pay indicating the amount paid on a per hour, per day, per week,
per piece, commission on sales, or other basis;
- Amount excluded from the regular rate of pay;
- Hours worked each workday and total hours worked each
workweek;
- Total daily or weekly straight-time earnings;
- Overtime hours;
- Total additions to or deductions from wages, including dates,
amounts, and nature of the items making up the total additions and deductions;
- Total wages paid each pay period; and
- Date of payment and the pay period covered by payment.
Itemized Wage Statement
Under Oregon law, an employer must provide an employee (on regular paydays and at other times that payment of wages, salary, or commission is made) with an itemized statement that contains certain information.
The statement must be a written statement, sufficiently itemized to show (among other things): the date of the payment; the dates of work covered by the payment; the name of the employee; the name and business registry number or business identification number; the address and telephone number of the employer; the rate or rates of pay; whether the employee is paid by the hour, shift, day or week or on a salary, piece or commission basis; gross wages; net wages; the amount and purpose of each deduction made during the respective period of service that the payment covers; and allowances (if any) claimed as part of the minimum wage.
Unless the employee is paid on a salary basis and is exempt from overtime compensation as established by local, state, or federal law, such statement must also include the regular hourly rate or rates of pay; the overtime rate or rates of pay; the number of regular hours worked and pay for those hours; and the number of overtime hours worked and pay for those hours.
Unemployment
Insurance
- For purposes of unemployment, the following information must be retained
for 3 years for each employee:
- Name;
- Social security
number;
- Total remuneration for each pay period;
- Total remuneration for all pay periods in each calendar quarter;
- Value of any noncash remuneration;
- Date of each pay period;
- Hiring and termination dates;
- Number of hours worked in each calendar
quarter;
- Date each pay period ends within each calendar
quarter;
- Total wages, by pay periods, ending within each
calendar quarter; and
- Total number of employees in each pay period.
Safety and
Health/Workers' Compensation
- Employers are required to report work-related
deaths, serious injuries and illnesses to the insurer within 5 days of
occurrence.
- Written records
of safety committee meetings and records of employee exposure to toxic
materials must also be kept.
Child Labor
- Records containing
information relating to the employment of workers under age 18 must be kept for
2 years,* including:
- Name;
- Home address;
- Date of birth;
- Sex;
- Occupation;
- Starting/Ending times for each workday and workweek;
- Hours worked each workday/workweek; and
- Beginning/termination dates of employment.
- If the minor is under 16 years of age:
- Starting/stopping times each day; and
- A schedule of the maximum number of hours for each day
and week.
- An employer must obtain a validated employment
certificate from the Bureau of Labor and Industries and post it in a conspicuous
place.
- Employers must keep on file a list of all minor employees.
- Employees may
examine and copy their personnel files, excluding information relating to
convictions, arrests, criminal inquiries or confidential reports from a former
employer.
- The employer may
charge enough to cover copying costs.
- Generally, within 45 days after receipt of an employee's request, an employer must provide reasonable opportunity for the employee to inspect (at the place of employment or place of work assignment) his or her personnel records that are used or have been used to determine the employee's qualification for employment, promotion, additional compensation, employment termination or other disciplinary action, and time and pay records of the employee for the period required by federal law.
- Note: Under federal recordkeeping requirements, each employer must preserve for at least 3 years payroll records, collective bargaining agreements, and sales and purchase records. Records on which wage computations are based should be retained for 2 years—i.e., time cards and piece work tickets, wage rate tables, work and time schedules, and records of additions to or deductions from wages.
- Within 45 days after receipt of the employee's request, the employer must furnish a certified copy of the records.
- For the services referred to above, an employer may charge an employee no more than an amount reasonably calculated to recover the actual cost of providing the services.
- Notwithstanding the time periods described in the law, if the employee's personnel records or time and pay records are not readily available, the employer and employee may agree to extend the time within which the employer must provide the employee reasonable opportunity to inspect the records or furnish the employee a certified copy of the records.
- Upon termination of employment, the employer must keep:
- The terminated employee's personnel records for not less than 60 days.
- The terminated employee's time and pay records for not less than the period required by federal law.
- Note: Under federal recordkeeping requirements, each employer must preserve for at least 3 years payroll records, collective bargaining agreements, and sales and purchase records. Records on which wage computations are based should be retained for 2 years—i.e., time cards and piece work tickets, wage rate tables, work and time schedules, and records of additions to or deductions from wages.
*Note that under the federal Fair Labor Standards Act, payroll records must be kept for 3 years; and records on which wage computations are based should be retained for 2 years—i.e., time cards and piece work tickets, wage rate tables, work and time schedules, and records of additions to or deductions from wages.
Recordkeeping Requirements in Pennsylvania (PA)
Pennsylvania requires employers to maintain
the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
Records
- The following information must be retained for 3 years for each employee:
- Name;
- Address,
including zip code;
- Regular hourly
pay rate;
- Occupation;
- Start/end times;
- Daily/weekly
hours;
- Daily
straight-time and overtime wages;
- Total overtime;
- Additions to/deductions
from wages;
- Allowances, if
any, claimed as part of the minimum wage;
- Total wages paid
each pay period; and
- Pay period dates
and pay period covered by the payments.
- Employers also
must maintain special records for tipped employees, students and learners.
Unemployment Insurance
- For purposes of unemployment, the following information must be retained
for 4 years for each employee:
- Name;
- Social security
number;
- Wage rate;
- Total compensation;
- Travel or other business expenses;
- Location of
employment;
- Full-time
scheduled hours;
- Daily attendance
records;
- Date/reason for
separation;
- Number of credit weeks;
- Documentation of
payments made to the worker;
- Any contract
between the employer and worker;
- Federal and state
tax returns; and
- If the worker is classified as an independent contractor, all records supporting that classification.
Safety
& Health/Workers’ Compensation
- Employers are required to keep a record of
each injury to an employee, including:
- A description of the injury;
- A statement of any time during which the
injured person was unable to work because of the injury; and
- A description of the manner in which the
injury occurred.
- An employer must report all injuries received by employees in the course of or resulting from their employment immediately to its insurer. If the employer is self-insured, such injuries must be reported to the person responsible for management of the employer’s workers' compensation program.
- Employers also must report injuries to the
state Department of Labor and Industry within 48 hours for every injury
resulting in death, and within 7 days via mail after the date of injury for all
other injuries except those resulting in disability continuing less than the
day, shift, or turn in which the injury was received.
- Employers must
retain information on hazardous substances present in the workplace during the
prior year.
Child
Labor
- Employers must maintain the following records at the workplace:
- A list of all the minors employed in the establishment;
- A schedule of the hours of labor, which must contain:
- The maximum number of hours each minor is required or permitted to work on each day of the week;
- The weekly total for each minor; and
- The daily hours for commencing and stopping work and for time allowed for meals.
- For each minor, the employer must keep a copy of:
- The work permit;
- The original verified permission statement (for minors under 16); and
- A copy of the letter sent to the issuing officer announcing the employment of the minor.
- An employer must maintain records for employed minors in compliance with the recordkeeping requirements of the state minimum wage law, and must maintain accurate records of the actual days, hours, and times of day the minors worked (including breaks).
- Employers with 4 or more employees must retain records, documents, and data relating to the employment, transfer, promotion and dismissal of workers for 120 days following termination of employment or until the final disposition of a complaint.
- Sponsors of
apprenticeship and certain other programs must maintain adequate records for 5
years, including:
- A summary of the
qualifications of each applicant;
- The basis for
evaluation and for selection or rejection of each applicant; and
- Records
pertaining to interviews and operation of the apprenticeship program
(including, but not limited to, job assignment, promotion, demotion,
layoff, or termination, rates of pay, or other forms of compensation or
conditions of work).
- Employees are
generally entitled to inspect (but not make copies of) their personnel records,
except for medical records, planning documents, credit information,
investigations, references, legal inquiries, or grievances.
- Former employees generally
do not have the right to review their own personnel files, except for employees
who are laid off with re-employment rights or those on leaves of absence.
Recordkeeping Requirements in Rhode Island (RI)
Rhode Island requires employers to maintain
the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for 3 years for each employee:
- Name;
- Address;
- Occupation;
- Rate of pay;
- Amount of pay each period; and
- Daily/weekly working hours.
Safety
and Health/Workers' Compensation
- Employers must complete a First Report of Injury for any work-related injury, if that injury requires any medical treatment or if the employee loses full wages for at least 3 days. Employers must also report any work-related deaths.
- Employers that use, transport, store, or expose workers
to hazardous chemicals must keep and maintain a workplace chemical list,
which must be retained for 30 years and made available for inspection during all hours of
operation.
Unemployment Insurance
For purposes of unemployment, the following information must be retained for 4 years for each employee:
- Name and address;
- Social security number;
- Rate of pay;
- Hours worked;
- Gross wages earned for each payroll period, showing
separately:
- Amount of regular wages;
- Value of non-cash wages; and
- Commissions, bonuses, gifts, tips, gratuities, dismissal wages,
and the period they were made;
- Reimbursements for traveling or other business expenses;
and
- Time lost due to unavailability for work.
Child
Labor
- Employers
who hire minors 14-15 must fill out the Intention to Employ a Minor form.
- An
employer must keep a Special Limited Permit to Workon file for all employees under 16.
- An
employer must keep a Certificate
of Age on file for workers 16 and 17 years old.
Employers with
50 or more employees must
keep copies of sexual harassment policies at the workplace and make policies
available to state or federal agencies upon request.
Employees may
examine and copy personnel records and records of toxic exposure, but are not entitled to access information relating to
references, planning documents, security inquiries, grievances, or managerial
records.
Recordkeeping Requirements in South Carolina (SC)
South Carolina requires employers to maintain
the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
Employers with 5 or more employees must retain the following information for 3 years for each employee:
- Name;
- Address;
- Wages; and
- Deductions.
Unemployment Insurance
For purposes of unemployment, the following information must be retained for 5 years for each employee:
- Name;
- Social security number;
- Hours per week;
- Wages including special payments;
- Reasonable value of non-cash remuneration;
- Date of hire, rehire, or date returned to work;
- Date and reason for separation;
- Whether any week was less than full-time;
- Time lost, if any, due to unavailability for work; and
- For each pay period:
- Beginning and ending dates; and
- Largest number of workers in employment during each calendar week.
Safety and
Health/Workers' Compensation
- Employers must keep a record of all
injuries and fatalities.
- Employers must report injuries requiring medical attention
within 10 days after the injury and again after 60 days.
- Employers must
monitor and measure exposure to potentially toxic materials, harmful physical
agents or radiation, keep accurate records, and notify employees of exposure.
- Employers must
also maintain medical records made under the state Safety and Health
Act.
- Employees may
inspect records of potential exposure to toxic or hazardous substances.
- Employers must
provide workers' compensation records within 14 days of an employee's written
request.
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.
Recordkeeping Requirements in South Dakota (SD)
South Dakota requires employers to maintain
the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll/Unemployment Insurance
- The following information must be retained for 4 years for each employee:
- Name and social security number;
- Location that services were performed;
- Weekly hours/wages;
- Date hired, rehired, or returned to work;
- Time lost due to unavailability for work;
- Date and reason for separation;
- Hours worked and wages received for exempt employment;
and
- Total wages paid during each quarter, showing:
- Money wages;
- The cash value of other remuneration, including
gratuities and tips; and
- Deductions from wages for expenses incurred by the
employee.
Safety and
Health/Workers' Compensation
- Employers must
record all accidents resulting in an injury to an employee in the course of
employment within 7 working days after the incident.
- Employers are required to keep a record of
injuries for 4 years.
- For an injury
requiring medical treatment other than minor first aid or causing absence for 7 or more days, the employer must file
a written report within 7 days of the time the employer has notice of the
injury with the insurer or the state Department of Labor, if self-insured.
Child
Labor
- Records
containing information relating to the employment of workers under age 16 must
be kept, including:
- A list of
employees under the age of 16;
- Employment
certificates; and
- Work permits.
Discrimination
- Employers with more than 25 employeesmust keep records
of:
- Wage rates;
- Job
classifications; and
- Other terms and
conditions of employment.
Recordkeeping Requirements in Tennessee (TN)
Tennessee requires employers to maintain the
following types of records. Additional requirements may apply under federal law.
Unemployment
Insurance
- For purposes of unemployment, the following information must be retained
for each employee for 7 years:
- Name;
- Social security
number;
- Place of
employment within Tennessee;
- Time period
covered by payroll;
- Date employee was
hired, or rehired or returned to work;
- Date when work
was terminated by layoff, quit, discharge or death;
- Wages for
employment under Tennessee law;
- Full-time weekly
wage;
- Money wages in
each pay period and total wages for all pay periods in each month showing money
wages and cash value of all other remunerations;
- Special payments;
- Scheduled hours
per day or week; and
- Number of hours
for which the employee was paid.
Safety and
Health/Workers' Compensation
- Employers covered by the Tennessee Workers' Compensation Act must submit all known or reported injuries or illnesses to their insurance carriers on Tennessee Employer's First Report of Work Injury or Illness (Form C-20) within 1 working day of knowledge of the injury or illness.
- Insurance carriers and self-insured employers must file the Form C-20 with the Division of Workers Compensation through Electronic Data Interchange (EDI) as soon as possible, but not later than 14 days after knowledge of the injury or illness.
- Safety compliance
activities must be recorded.
- Material Safety
Data Sheets (MSDS) for each hazardous substance in the workplace and a list of
chemicals used in the workplace are to be retained for 30 years.
Child Labor
- Separate and
independent records containing information relating to the employment of minors
must be kept at the location of the minor's employment, including:
- Employment application;
- Birth certificates or other evidence of minor's
age;
- Time records; and
- Daily start/end hours.
- Employers must
also post a notice furnished by the state Department of Labor and Workforce
Development in a conspicuous place on the business premises and must provide the
Department with records relative to the employment of minors.
- Employers of the
following minors must keep records of the basis for employment:
- High school
graduates;
- Minors who are
legally married;
- 16- or 17-year-old
apprentices or student learners;
- 16- or 17-year-olds
who have been excused from school by the director of schools;
- Enrollees in a
public program funded by the federal government; and
- Minors who are at least 14 years of age who
are enrolled in a course of study and training in a cooperative career and
technical training program.
Discrimination
- Employers with 8 or more employees must
maintain records relevant to the determination of whether discriminatory practices
have been or are being committed, for
6 months following termination including:
- Application
forms;
- Records of hiring,
promotion, demotion, transfer, layoff, or termination;
- Pay rates; and
- Information
regarding the selection for training or apprenticeship, including the
chronological order in which applications were received and the manner in which
persons are selected to participate in the apprenticeship or other training
programs.
Employee Access to Records
- Employers must allow
all employees to review MSDS and records regarding exposure to toxic materials
or harmful physical agents.
Texas Recordkeeping Requirements
The chart below outlines the general recordkeeping requirements in Texas. Additional requirements may apply under federal law.
| Category | Employer Requirements
| Retention Period |
| Wage, Hour, and Payroll Records | Employers must keep all records relating to employees' wages and other compensation, as well as all unemployment tax records. In addition, employers must keep records establishing: - Ownership and any changes in ownership of the employer;
- Address of the employer's headquarters;
- Mailing address of the employer;
- Address at which records are available for inspection; and
- Addresses of the owners of the employer or, if the employer is a corporation or unincorporated association, the addresses of directors, officers, and individuals on whom process may be served.
| 4 years |
| Discrimination | Employers must keep all personnel records following an employee's last day of work. | 1 year |
| Safety, Health, and Workers' Compensation | - Employers are required to file a wage statement containing specified information when an employee becomes entitled to workers' compensation benefits or dies from a compensable injury.
- Employers must keep a record of all injuries, containing specified information, for 5 years.
- Employers must retain a record of each hazard communication training session given to employees for at least 5 years.
- Employers must retain workplace chemical lists of each hazardous
chemical normally present in the workplace in excess of 55 gallons or
500 pounds—updated annually—for 30 years. In addition, employers must
maintain a copy of a current Safety Data Sheet (SDS) for each hazardous
chemical purchased.
- Self-insurers must maintain the books, records, and payroll information necessary to compile an annual report with the Texas Department of Insurance.
| See provisions at left. |
Additional requirements and exceptions to the information above may apply. For more information, contact the Texas Workforce Commission.
Utah Recordkeeping Requirements
Utah requires employers to maintain the following
types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following pay records must be retained for 3 years for each employee:
- Name;
- Address;
- Birth date;
- Hours worked; and
- Wages paid.
Unemployment
Insurance
- For purposes of unemployment, the following information must be retained
for 3 years for each employee:
- Name;
- Social security
number;
- City/county of
work;
- Place of services;
- Worker's place of residence;
- Date hired;
- Date/reason for
separation;
- Ending date of
each pay period;
- Total wages paid each
period; and
- Daily time cards or time records (kept in the regular course of business).
Safety
and Health/Workers' Compensation
- Employers are required to keep a record of all
deaths and injuries resulting in
medical treatment, unconsciousness, lost time, restriction of work or transfer
to another job.
- The employer is to complete the "Employer's First Report of Injury" within seven days and send a copy to the Labor Commission, the employer’s insurance carrier, and the injured worker.
- The employer must notify the Division of Occupational Safety and Health within 8 hours of any work related fatality; disabling, serious, or significant injury; or occupational disease incident. A serious injury includes: amputation, fractures of major bones (both simple and compound), and hospitalization.
- Records of
activities to develop information on causes and prevention of injury and
illness must also be kept, including exposure to potentially toxic materials or
harmful physical agents.
Discrimination
- Employers with 15 or more employees must retain
all personnel records related to hiring, promotion, demotion, transfer, layoff,
termination, pay rates, compensation, and selection for training or apprenticeship
for 6 months or until final disposition of a complaint.
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.
Recordkeeping Requirements in Vermont (VT)
Vermont requires employers to maintain the
following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for 2 years for each employee
(note that employers covered by the Fair Labor Standards Act must keep
more detailed payroll records for 3 years):
- Hours worked; and
- Wages paid.
Unemployment Insurance
- For purposes of unemployment, the
following information must be retained for 4 years:
- For each employee:
- Address/social security number;
- Place of employment;
- Wages or salary/frequency of payment;
- Date hired or returned to work;
- Date/reason for separation;
- Days worker performed services/hours of
work each day;
- Total remuneration paid each quarter;
- Whether any week was less than full time;
- Time lost, if any, and reason; and
- Remuneration for each pay period showing
separately:
- Money payments (excluding special
remuneration);
- Special remuneration of all kinds, showing
separately:
- Money payments;
- Reasonable value of non-cash
payments;
- The nature of special remuneration; and
- The period(s) services were performed for
special remuneration.
- Reasonable value of non-cash remuneration
(e.g., lodging, room and board) paid by the employer;
- Amount of gratuities received; and
- Reimbursements for traveling or other
business expenses, dates of payment, and amount of expense incurred by the
employee.
- For each pay period:
- Dates/amount of remuneration for subject
and non-subject employment;
- Beginning/ending dates of each pay period;
and
- Date each week of the largest number of
individuals worked/number of employees who worked on that day.
Safety and
Health/Workers' Compensation
- Employers are required to keep a record of all
injuries and fatalities, and also must report fatalities and injuries if the
disability lasts for 1 day or requires medical attention.
- Employers also must keep records of exposure to hazardous substances and a list of
chemicals in the workplace.
Child
Labor
- Records
containing information relating to the employment of workers under the age of 18
must be kept, including:
- Daily/weekly
hours;
- Starting and
ending times; and
- Mealtimes.
- Employers also must
retain employment certificates for employees under age 16 working during school
hours.
Employers must allow
all employees to view records of their exposure to hazardous substances.
Recordkeeping Requirements in Virginia (VA)
Virginia requires employers to maintain the
following types of records. Additional requirements may apply under federal law.
Unemployment
Insurance
For purposes of unemployment, the following information must be retained
for 4 years for each employee:
- Name;
- Social security number;
- Location where services are performed;
- Date of hire/termination and reason;
- Scheduled hours;
- Weekly wages of partially employed individuals;
- Whether any week was less than full-time;
- Time lost, if any, and reason;
- Total wages in each pay period and quarter, showing separately:
- Money wages, including tips and severance pay, and
- Cash value of other remuneration.
- Any special payments such as annual bonuses, gifts, prizes, etc., showing separately:
- Money payments;
- Other remuneration, and
- Nature of these payments.
- Amounts paid for advancement, allowance or reimbursement for traveling or other business expenses, showing:
- Dates of payment, and
- Amount of expenditures actually incurred and accounted for by such worker.
Safety and Health/Workers' Compensation
Employers are required to keep a record of all
injuries and also must report injuries to the state Commission of Workers' Compensation within 10
days of knowledge of the accident or disease. To accomplish this, an employer should immediately notify its insurance carrier about the accident. Employers must report to the Virginia Department of Labor and Industry within 8 hours any work-related incident resulting in a fatality or within 24 hours any work-related incident resulting in (i) the inpatient hospitalization of one or more persons, (ii) an amputation, or (iii) the loss of an eye.
Employers also must
keep records of exposure to toxic materials and material safety data sheets
(MSDS).
Child
Labor
Records
containing information relating to the employment of workers under the age of
16 must be maintained, including:
- Hours worked;
- Daily start and end
times;
- Meal periods; and
- Employment certificates.
Employee Access to Records
Employers must allow
employees to view their medical records and information regarding exposure to hazardous substances.
Copies of Employment Records
Upon written request, employers must—within 30 days—furnish their employees, former employees, or their attorneys a copy of the employees’:
- Wage or salary records
- Dates of employment
- Job descriptions and titles
- Injury records (for injuries employees sustained during the course of employment)
Recordkeeping Requirements in Washington (WA)
Washington requires employers to maintain the
following types of records. Additional requirements
may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for 3 years for each employee:
- Name;
- Address;
- Occupation;
- Date of birth, if
under age 18;
- Rate of pay and amount
of pay each pay period;
- Hours worked each
workday and total hours worked each workweek;
- Time of day and
day of week that the employee's workweek begins;
- Additions to or
deductions from wages for each pay period (and dates, times, and nature of the
items which make up the total additions and deductions);
- Total daily or
weekly straight-time earnings;
- Total overtime
excess compensation for the workweek;
- Total wages paid
each period;
- Date of payment
and pay period covered; and
- Original records of this required information must be kept.
Paid Sick Leave
For all employees who are subject to the state paid sick leave (and minimum wage) law, employers must keep and preserve payroll or other records containing the following information (among other things) with respect to every employee covered by the law:
- Paid sick leave accruals each month, and any unused paid sick leave available for use by an employee;
- Paid sick leave reductions each month including, but not limited to: paid sick leave used by an employee, paid sick leave donated to a co-worker through a shared leave program, or paid sick leave not carried over to the following year; and
- The date of commencement of his or her employment.
Unemployment
Insurance
- For purposes of unemployment, the following information must be retained
for each employee for 4 calendar years following the year in which employment
occurred:
- Name;
- Social security
number;
- Beginning date of
employment and separation date of employment;
- Basis upon which
wages are paid;
- Location where
services were performed;
- Summary time record
showing the days that work was performed and the number of hours worked each
day;
- Total gross pay
period earnings;
- Specific sums
withheld and purpose of each; and
- Cause for discharge
or reason that employee quit, if known.
Safety and Health/Workers’ Compensation
- Employers are required to keep a record of work-related
deaths and of injuries and illnesses, other
than minor injuries requiring only first aid treatment and which do not involve
medical treatment, loss of consciousness, loss of workdays, restriction of work
or motion, or transfer to another job, for 5 years.
- Employers are also required to retain records of
the following information for each employee to facilitate the determination of
premiums due to the state for workers' compensation insurance for 3 full
calendar years following the calendar year in which employment occurred:
- Name;
- Social security number;
- Beginning date of employment and, if
applicable, separation date;
- Basis on which wages are paid;
- Number of units earned or produced for workers
paid on a piecework basis;
- Risk classification applicable to each worker,
if work hours are divided between 2 or more classifications;
- Number of actual hours worked;
- Summary time record showing the days that work
was performed and the actual number of hours worked each work day;
- Total gross pay period earnings;
- Specific sums withheld from earnings and the purpose
of each sum withheld;
- Net pay earned by each worker; and
- All original time records.
- Employers who pay their workers by check are required to keep all
check registers and bank statements.
- Employers who pay their workers by cash are required to keep
records of the cash transactions, including a detailed record of wages paid to
each worker.
- Employers must retain Material Safety Data Sheets (MSDS) for each
hazardous substance in the workplace for 30 years.
- Employers must also retain records of employee exposure to
potentially toxic materials or harmful physical agents which are required to be
monitored or measured.
- Employers must promptly notify any employee who has been or is
being exposed to toxic materials or harmful physical agents at levels which
exceed those specified by any applicable safety and health standard, and must
inform the employee of the corrective action taken.
Child
Labor
- Records
containing information relating to the employment of minors must be kept for 3
years from the last date of the minor's employment, including:
- Parent/school authorization forms with any
attachments; and
- Copies of any variances obtained.
- Employers also must obtain work permits for employees under 18 years of
age, which must be kept on file during employment and returned to the
Department of Labor and Industries upon termination of employment.
State Paid Family and Medical Leave Law
Employers must keep an employment record for 6 years that contains certain employee and premium information.
- Employees may, at least annually, inspect their personnel files upon request, and may also
request a review of their file and deletion of irrelevant or incorrect
information.
- Note: Former workers generally have the same rights to review their personnel files as current workers.
- Employees may have access to their own payroll records.
- Employees
may also have access to records regarding their exposure to toxic materials or
harmful physical agents.
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.
Recordkeeping Requirements in West Virginia (WV)
West Virginia requires employers to maintain
the following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following information must be retained for 2 years for each employee
(note that employers covered by the
federal Fair Labor Standards Act must keep
payroll records for 3 years):
- Name;
- Address;
- Date of birth (if under 18);
- Rate of pay;
- Occupational or
job classification;
- Sex;
- Hours worked each
workday and workweek;
- Time of day and
day of week on which employee's workweek begins;
- Regular hourly
rate of pay for any week overtime is worked;
- Total
straight-time earnings;
- Amount of overtime;
- Payroll
deductions;
- Amount paid each
pay period;
- Wage rate tables;
- Work time
schedules;
- Records of
additions and deductions; and
- Related written
agreements or memoranda.
Unemployment
Insurance
- For purposes of unemployment, the following information must be retained
for 5 years for each employee:
- Name;
- Social security number;
- Wages;
- Date on which the
employee was hired or rehired, or returned to work after layoff;
- Date when work was
terminated by layoff, quitting, discharge or death;
- Wages each week and
total wages for all periods in a quarter, to include cash wages, cash value of
other remuneration and special payments;
- Cause of any
separation or layoff;
- Hours worked and
wages earned each week, if the employee is on a variable pay basis;
- Period covered by
the payroll;
- Place of employment
within the state;
- Scheduled hours per
day or week; and
- Cause of all lost
time for each week.
Safety and
Health/Workers' Compensation
- Employers must report every injury to their insurance carrier within 5 days of receiving notice of an employee's desire to file a claim.
- The employer must keep accurate records of employees' exposure to hazardous chemicals. These records must be made available to an affected employee upon request.
Worker Authorization
- Employers must keep records proving employees’ legal statuses or authorizations to work. These records must be kept for each employee at the place of employment for 2 years, and must be available for inspection.
- Proof of legal status to work includes documents such as a valid:
- Social security card;
- Immigration or non-immigration visa, including photo identification;
- Birth certificate;
- Passport;
- Photo identification card issued by a government agency;
- Work permit or supervision permit authorized by the Division of Labor;
- Permit issued by the Department of Justice; or
- Other document providing evidence of legal residence or authorization to work.
Child
Labor
- The following documentation must be maintained at the employer’s establishment for the duration of a minor’s employment:
- Age certificates for minors 16 and 17 years old; and
- Work certificates for minors 14 and 15 years old.
Discrimination
- Employers with 12 or more employees must
retain all personnel and other records relevant to the investigation of any discrimination
complaint until such complaint is finally adjudicated, including:
- Personnel,
employment or membership records related to the complainant and all other
employees, applicants or members holding or seeking similar positions to that
of the employee;
- Application forms
or tests completed by unsuccessful applicants; and
- Any other books,
papers, documents or records of any form relevant to the scope of the
investigation.
Recordkeeping Requirements in Wisconsin (WI)
Wisconsin requires employers to maintain the
following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following information
must be retained for 3 years for each employee:
- Name;
- Address;
- Birth date;
- Beginning and termination
dates of employment;
- Starting and quitting
times;
- Mealtimes;
- Daily/weekly
hours;
- Rates and amount
of pay; and
- Itemized
deductions.
Employers are not required to keep records of the hours of employment of an employee who is exempt from state overtime rules and who is not compensated on an hourly basis.
Unemployment
Insurance
- For purposes of unemployment, the following information must be retained for6 years for each employee:
- Name;
- Address;
- Social security
number;
- Dates each employee performed services;
- Weekly/quarterly wages;
- Dates of payment; and
- Employee-approved
salary reduction amounts.
Safety and
Health/Workers' Compensation
- Employers with 3 or more employees are required to keep a record of all
work-related accidents resulting in
death or disability to an employee, including for each employee:
- Name;
- Address;
- Age;
- Wages of the
employee;
- Nature and extent
of the injury; and
- The time and
causes of the accident.
- Insurers and self-insured
employers must record workers' compensation payments made.
- Employers must
retain Material Safety Data Sheets for each hazardous substance in the workplace
for 30 years.
Child
Labor
- Records
containing information relating to the employment of workers under age 18 must
be kept for 3 years, including:
- Name;
- Address;
- Birth date;
- Date of entering
and leaving employment;
- Time of beginning
and ending work each day;
- Time of beginning
and ending meals;
- Total hours
worked each day and each week;
- Pay rate and
wages for each payroll period;
- Amount and reason
for all deductions; and
- Output of
employee if paid on other than a time basis.
- Work permits are
also required.
- Current and former employees may
inspect and copy certain personnel and medical records 2 times a year.
- However, medical
information may be released to the employee's physician if the employer believes
that disclosure to the employee would have a detrimental effect on the
employee.
- Personnel records
which may not be inspected include those relating to:
- The investigation
of possible criminal offenses;
- Letters of
reference;
- Portions of test
documents;
- Any pending claim
between the employer and the employee;
- Materials used by
the employer for staff management planning; and
- Materials of a
personal nature about a person other than the employee, if such access would be an unwarranted invasion of privacy.
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.
Recordkeeping Requirements in Wyoming (WY)
Wyoming requires employers to maintain the
following types of records. Additional requirements may apply under federal law.
Wages/Hours/Payroll
- The following
information must be retained for 2 years for each employee:
- Name;
- Address;
- Occupation;
- Rate/amount of
pay each pay period; and
- Daily/weekly
hours for each employee.
Unemployment
Insurance
- For purposes of unemployment, the following information must be retained for 4 years for each employee:
- Name;
- Social security number;
- Place where services are performed;
- Date of hire, rehire, or return to work;
- Date separated from work;
- Remuneration for each pay period, showing separately:
- Money wages;
- Reasonable value of non-cash payments;
- Tips/gratuities; and
- Special payments such as annual bonuses, gifts, prizes, etc., showing separately:
- Money payments;
- Reasonable value of non-cash remuneration;
- Nature of such payments;
- Period services were performed;
- Allowances or reimbursement for traveling/business expenses, and period for which payable;
- Severance payments; and
- Retirement payments.
- Beginning/ending dates of each pay period;
- Total amount of remuneration for each pay period;
- Each calendar week with one or more workers in employment;
- Daily hours; and
- Hourly, weekly, or monthly pay rates.
Safety and
Health/Workers' Compensation
Child
Labor
- Certain forms verifying proof of age must be kept on file for workers under 16 years old. Acceptable proof of age forms include:
- A birth certificate;
- A properly prepared form I-9; or
- Any other document showing age, as approved by the department.
- Employers must
furnish employees with the results of pre-employment physical exams, as well as
the results of physical
exams deemed necessary due to exposure to hazards or environmental conditions.
Please Note: The state laws summaries featured on this site are for general informational purposes only. In addition to state law, certain municipalities may enact legislation that imposes different requirements. State and local laws change frequently and, as such, we cannot guarantee the accuracy or completeness of the information featured in the State Laws section. For more detailed information regarding state or local laws, please contact your state labor department or the appropriate local government agency.