All employers are required to keep certain records regarding employees. Listed below are federal requirements, along with specific state requirements for Illinois, Iowa, Minnesota and Wisconsin. Regardless of the specific retention period, if a lawsuit or agency proceeding is begun, the records which relate to the case must be retained until it is finally resolved.
Under the Lilly Ledbetter Fair Pay Act (LLFPA), an employee may sue on any employment-related decision that affects an employee’s pay no matter when the decision (or act) occurred so long as the effects of the decision (or act) are felt by the employee within 300 days (or 180 days in some states). Under the LLFPA, the effects of a decision are commonly felt whenever the employee receives a paycheck or other compensation or benefit that is affected by the decision. Accordingly, it is recommended that employers maintain all personnel records that reflect or relate to any decision that may have an effect on an employee’s compensation or benefits for the length of the employee’s employment and for one year beyond the end of employment.
