[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1627.3]

[Page 333-334]
 
                             TITLE 29--LABOR
 
                               COMMISSION
 
PART 1627--RECORDS TO BE MADE OR KEPT RELATING TO AGE: NOTICES TO BE POSTED: 
ADMINISTRATIVE EXEMPTIONS--Table of Contents
 
  Subpart B--Records To Be Made or Kept Relating to Age; Notices To Be 
                                 Posted
 
Sec. 1627.3  Records to be kept by employers.

    (a) Every employer shall make and keep for 3 years payroll or other 
records for each of his employees which contain:

[[Page 334]]

    (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]