(a) Every employer shall make and keep for 3 years payroll or other records for each of his employees which contain:
(1) Name;
(2) Address;
(3) Date of birth;
(4) Occupation;
(5) Rate of pay, and
(6) Compensation earned each week.
(b)(1) Every employer who, in the regular course of his business, makes, obtains, or uses, any personnel or employment records related to the following, shall, except as provided in paragraphs (b) (3) and (4) of this section, keep them for a period of 1 year from the date of the personnel action to which any records relate:
(i) Job applications, resumes, or any other form of employment inquiry whenever submitted to the employer in response to his advertisement or other notice of existing or anticipated job openings, including records pertaining to the failure or refusal to hire any individual,
(ii) Promotion, demotion, transfer, selection for training, layoff, recall, or discharge of any employee,
(iii) Job orders submitted by the employer to an employment agency or labor organization for recruitment of personnel for job openings,
(iv) Test papers completed by applicants or candidates for any position which disclose the results of any employer-administered aptitude or other employment test considered by the employer in connection with any personnel action,
(v) The results of any physical examination where such examination is considered by the employer in connection with any personnel action,
(vi) Any advertisements or notices to the public or to employees relating to job openings, promotions, training programs, or opportunities for overtime work.
(2) Every employer shall keep on file any employee benefit plans such as pension and insurance plans, as well as copies of any seniority systems and merit systems which are in writing, for the full period the plan or system is in effect, and for at least 1 year after its termination. If the plan or system is not in writing, a memorandum fully outlining the terms of such plan or system and the manner in which it has been communicated to the affected employees, together with notations relating to any changes or revisions thereto, shall be kept on file for a like period.
(3) When an enforcement action is commenced under section 7 of the Act regarding a particular applicant or employee, the Commission or its authorized representative shall require the employer to retain any record required to be kept under paragraph (b) (1) or (2) of this section which is relative to such action until the final disposition thereof.
(Approved by the Office of Management and Budget under control number 3046-0018)
(Pub. L. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))
[44 FR 38459, July 2, 1979, as amended at 46 FR 63268, Dec. 31, 1981; 56 FR 35756, July 26, 1991]
Notes of Decisions
Samuel Perez v. By the Rockies, LLC, & Duane Layton, 2023 COA 109 (Colo. Ct. App. 2023).
“14 (2022) (records of an employment action must be kept for one year, but if a charge of discrimination has been filed, the employer must keep all records relevant to the charge until final disposition); 29 C.F.R. § 1627.3 (2022) (Age Discrimination in Employment Act requires…”
Equal Emp. Opportunity Comm'n v. Hendrix Coll., 53 F.3d 209 (8th Cir. 1995).
“During the investigation, however, the EEOC discovered that Hendrix had a written policy of discarding all materials relating to unsuccessful faculty applicants upon completion of the faculty search, in violation of the ADEA’s recordkeeping regulations, 29 C.F.R. § 1627.3…”
Libront v. Columbus McKinnon Corp., 832 F. Supp. 597 (W.D.N.Y. 1993).
“A regulation of the Equal Employment Opportunity Commission (“EEOC”), 29 C.F.R. § 1627.3 (a)(3) (1982, 1983) specifically provided that employers shall make and keep for at least three years payroll or other records that include the employees’ date of birth.”
Bowman v. Firestone Tire & Rubber Co., 724 F. Supp. 493 (N.D. Ohio 1989).
“First, the federal Equal Employment Opportunity Commission requires that such records be kept under 29 C.F.R. § 1627.3 (1988). These records must contain employees name, address, date of birth, occupation, rate of pay and compensation earned each week.”
Waters v. Genesis Health Ventures, Inc., 400 F. Supp. 2d 814 (E.D. Pa. 2005).
“14 (emphasis added); see also 29 C.F.R. § 1627.3 (b)(1) (in the section discussing records to be kept with regard to age, § 1627.”
Punzo v. Sugarhouse Casino (E.D. Pa. 2022).
“Even if a student passed all of his/her auditions, he or she still had to complete Dealer School and, even then, was not guaranteed a position as a dealer.”
Loftus v. Kitsap Cnty. (W.D. Wash. 2022).
“5, 2022) (finding the failure to 3 retain records pursuant to 29 C.F.R. § 1627.3 was not sufficient for an adverse inference absent 4 ‘“bad faith’ evidence.”
Luca v. Soc. Sec., Comm'r of (E.D. Mich. 2025).
“29 C.F.R. § 1627.3 (2024). Part 1627.3 also requires employers to keep records for at least one year and, if a charge of discrimination is filed, until the charge is resolved.”
— 29 C.F.R. § 1627.3(b)(1)(iv) — 1 case
Punzo v. Sugarhouse Casino (E.D. Pa. 2022).
“Even if a student passed all of his/her auditions, he or she still had to complete Dealer School and, even then, was not guaranteed a position as a dealer.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.