InstituteRecordkeepingRecordkeepingHR GeneralistUSAHuman ResourcesEnglishAnalysisFocus AreaIn Depth (Level 3)
Recordkeeping required by federal law
['Recordkeeping']
- Federal law requires employers to retain certain employee records.
The table below provides an overview of the major federal human resources (HR)-related recordkeeping requirements. States may also require records, posting, and reporting beyond the information presented here, such as unemployment or workers’ compensation information. The table provides a quick reference on whether:
- Records are required,
- A poster or notice is required, and
- Forms, reporting, or a notice to employees is required.
Note: The quick reference table is applicable in most circumstances. However, certain factual scenarios may or may not require records to be kept. Likewise, certain posting and notice requirements depend on specific factual situations. For specific questions or circumstances, please consult each act for guidance.
| Recordkeeping | Postings | Reporting/Notice |
|---|---|---|
| Affirmative Action | ||
| Yes | No | Standard From 100 (EEO-1) |
| Age Discrimination in Employent Act (ADEA) | ||
| Yes | Yes | No |
| Americans with Disabilities Act | ||
| Yes | Yes | No |
| Civil Rights Act, Title VII | ||
| Yes | Yes | Standard From 100 (EEO-1) |
| Consolidated Omnibus Budget Reconciliation Act (COBRA) | ||
| Yes | No | Form 5500 |
| Davis-Bacon Act | ||
| Yes | Yes | WD-10 Form |
| Employee Polygraph Protection Act | ||
| Yes | Yes | Notice to examinee and disclosure of results |
| Employee Retirement Income Security Act (ERISA) | ||
| Yes | No | Form 5500, Form M-1, SPD, and SMM |
| Employment of minors | ||
| Yes | Yes (part of FLSA poster) | Varies by state |
| Equal Pay Act | ||
| Yes | No | No |
| Executive Order 11246 | ||
| See “Affirmative Action” | ||
| Executive Order 13201 | ||
| No | Yes | No |
| Fair Credit Reporting Act | ||
| No | No | Requirements for notice |
| Fair Labor Standards Act (FLSA) | ||
| Yes | Yes | WH-200, WH-201, WH-202 |
| Family and Medical Leave Act (FMLA) | ||
| Yes | Yes | Requirements for notice, WH-381 |
| Health Insurance Portability and Accountability Act (HIPAA) | ||
| Yes | No | Requirements for notice |
| Injury and Illness Recordkeeping (OSHA) | ||
| Yes | Yes, post Form 300A | Form 300, 300A, and 301 |
| Immigration Reform and Control Act (IRCA) | ||
| Retention of Form I-9 | No | Form I-9 |
| Internal Revenue Service (IRS) | ||
| Yes | Yes | Various tax forms |
| Labor Management Reporting and Disclosure Act (LMRDA) | ||
| Yes | No | Form LM-10 |
| Medical records (OSHA) | ||
| Yes | No | No |
| Rehabilitation Act of 1973 | ||
| No | No | No |
| Social Security Administration (SSA) | ||
| Yes | No | Yes, to address issues such as Medicare |
| Military leave (USERRA) | ||
| No | Yes | No |
| Walsh-Healy Act | ||
| No | No | No |