Records Management and Retention
1 yr
EEOC
Application + hiring records
3 yrs
FLSA
Payroll records
30 yrs
OSHA
Toxic substance exposure
ten drawers · ten timelines
The HR Filing Cabinet
Picture the HR records room as a real filing cabinet. Each drawer holds a different type of record with its own retention label. The two highlighted drawers are exam outliers.
hr records · cabinet
EEOC
Applications · Title VII personnel
1 year
ADEA
Employment records
1 year
FLSA
Time cards · schedules
2 years
FLSA
Payroll records
3 years
IRCA
I-9 forms
3 hire OR 1 term · LATER
FMLA
Leave records
3 years
OSHA
Injury logs (300)
5 years
ERISA
Plan documents
6 years
HIPAA
PHI disclosures
6 years
OSHA
Toxic substance exposure
30 years
★ highlighted = exam outliers
two outliers to memorize
- › I-9 forms — the only timeline expressed as later of two dates. Most other rules start at the event date.
- › Toxic substance exposure — 30 years, ten times longer than other OSHA records. Outlier by a wide margin.
when retention rules pause
Litigation Hold
When litigation is reasonably anticipated, normal retention rules are SUSPENDED. The cabinet is locked, drawers can be opened only on order. Failure to preserve = spoliation sanctions.
electronic records (ESI)
Federal Rules of Civil Procedure cover electronically stored information. Email, IM, system logs, HRIS data — all discoverable.
destruction process
Documented process. Cross-cut shredding for paper. Certified data wiping for digital. Retention violations = bad faith evidence.
Exam Traps
I-9 retention is the LATER of two dates
3 years from hire OR 1 year from termination, whichever is later. Not both, not earlier. Most-tested timing rule.
Toxic exposure records = 30 YEARS
Most other OSHA records are 5 years. Toxic substance exposure is the 30-year outlier. The exam tests this.
Litigation hold OVERRIDES retention schedules
When litigation is reasonably anticipated, normally-destroyed records must be preserved. Spoliation sanctions if not.
Longest applicable rule controls
State laws often exceed federal minimums. Match the strictest applicable retention period.
I-9 — later of two dates
3 years from hire OR 1 year from termination, whichever is later. Most other timelines start at the event date.
Litigation hold freezes everything
Once litigation is foreseeable, normal retention rules pause. Destroying records once a charge is anticipated can be spoliation.
Each file type has its own drawer. Each drawer has a label saying how long the files stay.
Payroll drawer says 3 years. Hiring records drawer says 1 year. Toxic exposure drawer says 30 years.
State says payroll requires 5 years. State wins. Move payroll to the longer drawer.
Inspector freezes all the drawers. Nothing comes off until the matter resolves. Spoliation is what happens when you peek.
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