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Record Retention Decisions Can Be Confusing You may wonder my business is small, so why should I be concerned about a record

retention policy? Business records include documents and notes containing information that can be referenced later. Generally, your business should develop a retention policy based on your business type and relevant legal compliance and regulatory requirements. or instance, it is mandatory that employers !eep certain recruiting and hiring records and properly destroy them when no longer needed or required. "herefore, most human resource e#perts recommend that all employers develop a record$retention policy. I am sharing this series%ecord %etention Guidelinesas a source of general information and to provide you with a networ! of resources. %ecord retention is a confusing topic to employers& mostly because there is no such thing as a 'one si(e fits all) approach. It also seems that the more you learn about this topic, the more you reali(e there is to learn. Federal and Individual State(s) Laws Govern Retention of Emplo ment Records *nderstanding and ma!ing employee record$retention decisions is complicated because numerous federal and individual state agencies govern how businesses must maintain personnel and applicant records. or e#ample, you may operate a business in one state or in multiple states. "herefore, your business is affected by various laws that require employers to retain particular records for a specified period of time. In cases where both federal and state requirements address a particular employment$record document or issue, the employer must follow the stricter requirement. "hat is why, it is important to chec! the state laws for those laws that apply in your state+s,, and to review these laws periodically in case they have changed. -s we navigate through a myriad of compliance issues, we.ll gradually wor! our way through this ma(e. In fact, many employers develop flowcharts to serve as a roadmap. Basically, employers need to !now/ +0, how long to !eep certain employee documents& and +1, when to destroy certain employee documents. General !re"Emplo ment Record Retention Guidelines In 2art 0 of this series, we will start at the beginning of the employee$recruiting process by covering pre$employment records. 3mployers must !eep the following pre$employment records for no less than one year in order to comply with certain federal legislation such as "itle 4II of the 5ivil %ights -ct of 0678, -mericans with 9isabilities -ct +-9-, and the -ge 9iscrimination in 3mployment -ct +-93-,. 0. 1. <. 8. -dvertisements related to :ob openings ;ob applications ;ob orders submitted to any agency %eference chec!s = !eep documentation on all applicants

>. 7. ?. A. 6.

%esults of physical e#aminations used in connection with personnel actions %esumes +solicited or unsolicited, @election process for recall "est papers that disclose the results *sers of employment tests and selection procedures$$$ %ecords, such as credit reports, employment tests and selection procedures on persons 4alidity documentation of tests used in selection.

#t$er Federal Legislation %ffecting !re"Emplo ment Record Retention 0. E&ecutive #rder ''()* " emplo ers wit$ federal contracts wort$ more t$an +,-.---/ If you plan to do business with the federal government based on a contract worth more than B>C,CCC, you need to follow strict record!eeping requirements which can vary depending on several factors. "he Dffice of ederal 5ontract 5ompliance 2rograms require that personnel records be retained for not less than one or two years depending on number of employees +0>C or more, and si(e of contract +B0>C,CCC or more,. 1. 0$e 1niform Guidelines on Emplo ee Selection !rocedures (1GES!) provides guidance for employers sub:ect to "itle 4II or 3#ecutive Drder 00187. "hese guidelines require the collection of data regarding applicantsE and employeesE race and se#. 3mployers are advised to !eep information about an employeeEs race and se#, as well as veteran and disabled status, separate from the personnel file. "his step helps to avoid ma!ing personnel decisions on the basis of these factors. Fe !now that record retention can be a tangled web. "herefore, it is important that the human resource professional, the office manager or whoever is in charge of G% procedures/

do their homewor!& develop an action plan for retaining records& and closely follow record retention guidelines.

Hote/ "his series about record retention guidelines is intended as general information only. You will also want to chec! your state laws on record retention, or consult with a human resource specialist or an employment law attorney.