Record Retention Requirements
There are many federal and state laws that require employers to retain employee records for a specified period of time. This information highlights some of the more important recordkeeping requirements that apply to most employers. Units should keep in mind that the time period for retaining records set forth in the various statutes are minimums. Since these records are critical to the university if its compliance with federal or state law is questioned or if it must defend itself against employment-related litigation, central administrative and employing units may want to retain employment-related records for much longer periods of time. Complete and accurate records are often an employer's best defense to employment-related litigation and wage and hour complaints. In addition, Kentucky has specific laws related to the maintenance of personnel files and other documents that may require longer retention periods.
Retention periods apply only to the office which maintains the original of the mentioned document(s). Duplicate copies may be destroyed sooner than the indicated retention requirement.
LAWS THAT REQUIRE EMPLOYERS TO RETAIN EMPLOYEE RECORDS FOR A SPECIFIC PERIOD OF TIME
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Age Discrimination in Employment Act (ADEA)
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Older Workers Benefit Protection Act (OWBPA) (Amendment to ADEA)
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Americans with Disabilities Act (ADA)
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Civil Rights Act of 1964, as Amended in 1991 (Title VII)
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Consolidated Omnibus Budget Reconciliation Act (COBRA)
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Davis-Bacon Act
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Employee Polygraph Protection Act
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Employee Retirement Income Security Act (ERISA)
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Equal Pay Act (EPA)
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Executive Order 11246/OFCCP Rules
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Fair Labor Standards Act (FLSA)
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Equal Pay Act/FLSA
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Family and Medical Leave Act (FMLA)
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Federal Unemployment Tax Act (FUTA)
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Freedom of Information Act (FOIA) and Privacy Act
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Health Information Privacy (HIPAA)
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Homeworker Regulations (FLSA)
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Immigration Reform and Control Act (IRCA)
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Internal Revenue Service Regulations
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Occupational Safety and Health Act (OSHA)
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Personal Responsibility and Work Opportunity Reconciliation Act of 1996
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Rehabilitation Act
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Social Security Act (FICA)
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Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA)
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Walsh-Healy Public Contracts Act
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Federal Rule of Civil Procedure
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Commonwealth of Kentucky Additional Requirements

