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HOT TOPICS

2017

MEMBERSHIP

DIRECTORY

87

Employment Applications /

1 year after decision not to hire

Fair Labor Standards Act, Americans with Disabilities

Resume (applicants

Act, Title VII of the Civil Rights Act, Age Discrimination

not hired)

in Employment Act, Genetic Information

Nondiscrimination Act

Background Checks

n/a

Fair Credit Reporting Act, New York Fair Credit

Reporting Act

Working Papers (Minors)

Duration of employment (return to New York Labor Law

minor at the end of employment)

Drug Test Results

General – 1 year

Equal Employment Opportunity Commission

I-9 Verification Form

3 years from date of hire or

U.S. Department of Homeland Security Regulations

after termination,

whichever is later

IRS FormW-4 (current)

4 years

Internal Revenue Code

IRS FormW-2

Permanently

Payday and Payrate Forms

6 years

New York Labor Law

Payroll Records

6 years

Fair Labor Standards Act, New York Labor Law,

Equal Pay Act, Age Discrimination in Employment Act

Commission Agreements

Duration of employment + 6 years New York Labor Law

Personnel Records

- Direct Deposit Authorization Duration of employment + 1 year

Fair Labor Standards Act, Americans with Disabilities

Act, Title VII of the Civil Rights Act, Age

- Disciplinary Records

Duration of employment + 1 year

Discrimination in Employment Act, Equal Pay

Act, Genetic Information Nondiscrimination Act,

- Employment Applications

Duration of employment + 1 year

New York Labor Law

- Union Dues Authorization

Duration of employment + 1 year

- Wage Deduction

6 years

Authorization

Employee Handbook

n/a

n/a

Collective Bargaining Agreements 3 years

Fair Labor Standards, Act Equal Pay Act

Time Cards/Time Sheets

6 years

Fair Labor Standards Act

FMLA Records

3 years

Family Medical Leave Act

Accident Report (Workers

18 years

New YorkWorkers’Compensation Law

CompensationInjury/IllnessReport)

Polygraph Records

3 years from date of the test

Employee Polygraph Protection Act

Garnishments

n/a

n/a

Pension and Retirement Records Duration the plan or system is in Employee Retirement Security Income Act, Age

effect + 6 years

Discrimination in Employment Act

COBRA Records

3 years

Consolidated Omnibus Budget Reconciliation Act

Transit Benefits

2 years

Commuter Benefits Law

Records

Source of Requirement

Number of Years Retained

EMPLOYMENT

NEW

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