Question

Josh is terminated on May 18, 2017. Until what date must his employer retain his personnel file? forever April 15, 2022 May 18, 2021 April 15, 2021

Answer 1

Answer is May 18,2021

An employer must keep general employee records, such as earnings tables, at least two years, according to the Fair Labor Standards Act guidelines. Payroll records, agreements, notices and similar documents must stay available for at least three years after termination.

Under the Fair Labor Standards Act (FLSA), employers are required to keep payroll records for nonexempt employees for three years. Payroll records for nonexempt employees include employer copies of pay stubs or proof of wage payments, proof of overtime wages paid, straight-time and overtime hours worked, payroll deductions and other wage-related materials. The record keeping requirements for salaried, exempt employees differ slightly, only because exempt employees aren't entitled to overtime and therefore you wouldn't have proof of overtime paid. The FLSA requires that employers maintain nonexempt records for three years from the employment termination date.