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FLSA Record Retention

Reference Number: MTAS-2102
Reviewed Date: 11/11/2020

The act requires employers “to preserve, for at least three years, payroll records; certificates, agreements, plans, and notices (all written) including collective bargaining agreements and individual contracts; and sales and purchase records.” 29 C.F.R. § 516.5(b). The act also requires employers “to preserve, for at least two years, basic employment and earnings records; wage rate tables; order, shipping and billing records; and records of additions to or deductions from wages paid.” 29 C.F.R. § 516.6(a).

The regulations require each employer “to keep the required records in a safe and accessible location at the place or places or employment available for inspection.” 29 C.F.R. § 516.7(a). Additionally, “every employer employing workers subject to the FLSA must post, and keep posted, a notice explaining the requirements of the FLSA.” 29 C.F.R. § 516.4. The notice must be posted in a conspicuous place in every establishment where such employees work.

MTAS has created a personnel records retention schedule for some common documents. For additional information, see the Records Retention section of MORe.