Ready to Purge Employee Files? Read This First

Spring cleaning might be on your mind, but before you start purging employee files, make sure you’re following California’s record retention requirements.

California employers must retain certain employee records for specific periods to comply with state and federal laws. HR files often contain critical documentation—such as I-9 Forms, compensation information, training records, and benefits documentation—that must be maintained properly to avoid legal issues.

These requirements are governed by multiple regulations, including the California Labor Code, California Code of Regulations (CCR), and federal laws such as the Fair Labor Standards Act (FLSA), Equal Employment Opportunity Commission (EEOC) guidelines, and OSHA rules.

Going Digital?
Electronic recordkeeping is allowed in California, but digital files must be securely stored, properly backed up, and easily accessible. Digital records are subject to the same retention rules as paper files.

Employee Access Reminders:

• Personnel files must be made available within 30 calendar days of a request.
• Payroll records must be provided within 21 calendar days.
• Employers may charge a nominal fee for printed copies.

Retention timelines vary depending on the document type. CEA Members can download a record retention fact sheet here as well as a personnel file contents fact sheet here, to help simplify requirements.

Once retention periods expire, employers must securely destroy records, such as shredding paper files or properly wiping digital records, to protect sensitive information.

Staying compliant with record retention requirements helps protect your organization from potential legal risks and fines.

Have questions? Contact CEA for guidance.