BirdsEye

How long should employers keep timesheets?

US employers must keep payroll records for three years and time cards for two. See the full list of required records, other retention clocks and a policy.

Under the US Fair Labor Standards Act, employers must keep payroll records for at least three years. The records that wage calculations are based on, such as time cards and work schedules, should be kept for two years. Many employers keep both for at least three or four years, because tax rules and wage claims run on longer clocks.

Key takeaways

  • Payroll records: at least three years.
  • Time cards, schedules and wage rate tables: two years.
  • The IRS asks for employment tax records for at least four years.
  • Any timekeeping method is acceptable if it is complete and accurate.

What does federal law require?

The Department of Labor sets two periods in Fact Sheet 21.

Federal retention periods for wage and hour records
Two yearsTime cards, piece work tickets, wage rate tables, work and time schedules, records of additions to or deductions from wages
Three yearsPayroll records, collective bargaining agreements, sales and purchase records

Records must be open for inspection by the Wage and Hour Division. They can be kept at the place of employment or in a central records office.

Which records must you keep for each employee?

For every covered, non-exempt worker, the fact sheet lists 14 items.

The 14 basic records

  • Full name and Social Security number
  • Address, including ZIP code
  • Birth date, if younger than 19
  • Sex and occupation
  • Time and day of the week when the workweek begins
  • Hours worked each day
  • Total hours worked each workweek
  • Basis on which wages are paid, such as per hour or per week
  • Regular hourly pay rate
  • Total daily or weekly straight-time earnings
  • Total overtime earnings for the workweek
  • All additions to or deductions from wages
  • Total wages paid each pay period
  • Date of payment and the pay period covered

Two of these come straight from time tracking: hours worked each day and total hours each workweek.

Does the format matter?

No. Employers may use any timekeeping method they choose. A plan is acceptable as long as it is complete and accurate. The Department of Labor's reference guide adds that records do not have to be kept in any particular form and that time clocks need not be used.

Paper, a spreadsheet or software all qualify. What matters is that the record is right and that you can produce it.

Why keep records longer than the minimum?

Because other clocks run longer.

Rule Period What it covers
FLSA supporting records 2 years Time cards, schedules, wage rate tables
FLSA payroll records 3 years Payroll, collective agreements
FLSA back pay claims 2 years, or 3 for willful violations How far back a wage claim can reach
IRS employment tax records At least 4 years after filing the fourth quarter return Wage payments, dates of employment, tax deposits
State law Varies Some states set longer periods
Years to keep each kind of record
  • Time cards and schedules, FLSA2 years
  • Payroll records, FLSA3 years
  • Employment tax records, IRS4 years

Sources: DOL Fact Sheet 21 and the IRS guide to employment tax recordkeeping.

A wage claim for a willful violation can reach back three years, and you will want the time records for the whole period, not just the payroll summary. That is why a single four-year rule for time and payroll records is a common, simple choice.

What about monitoring data?

Timesheets and monitoring data are different things. Hours worked are a required record. Screenshots, application logs and webcam clips are not on the Department of Labor's list.

Data Required record? Sensible retention
Hours worked per day and week Yes At least as long as payroll records
Attendance and leave Supports payroll With payroll records
Project time used for invoices Supports billing As long as the client contract and tax rules need
Application and website logs No Months, set by purpose
Screenshots and webcam clips No Days or weeks

In the UK and EU there is a further rule. The GDPR's storage limitation principle says personal data should be kept no longer than is necessary for the purpose. Keeping screenshots for years because storage is cheap does not meet that test. See employee monitoring under GDPR.

What does a simple retention policy look like?

Time and payroll records retention policy
RECORDS RETENTION: TIME AND PAYROLL

1. Time records (daily and weekly hours, schedules, time entries, corrections): kept for 4 years from the end of the pay period.
2. Payroll records (pay rates, earnings, deductions, payment dates): kept for 4 years from the end of the pay period.
3. Leave and attendance records: kept for 4 years.
4. Activity logs from time tracking software (applications and website domains): kept for [period].
5. Screenshots: kept for [period], then deleted automatically.
6. Records under a legal hold are kept until counsel releases them.
7. Owner: [name, role]. Reviewed each year.

How do you keep records you can produce?

  1. Export on a schedule

    Monthly or each pay period, export time entries and store them with payroll.

  2. Store them in two places

    One you use and one backup.

  3. Record corrections

    When a time entry is edited, keep who changed it and why.

  4. Name an owner

    One person answers for retention and deletion.

  5. Delete on schedule

    Remove what the policy says to remove, and note that you did.

How does BirdsEye handle retention?

BirdsEye keeps history for a period that depends on the plan, and it lets you export.

BirdsEye history and retention

Starter
3 months of history
Team
12 months of history
Business
Custom retention, including keep indefinitely
Screenshots and webcam clips
Their own retention settings, on a rolling window
Export
Time entries export as CSV on every plan

That matters for compliance. Three months or twelve months of history in the product is shorter than the federal periods, so export time entries each pay period and store them with your payroll records. Manual corrections to attendance carry a note explaining why. See pricing and security and privacy.

Frequently asked questions

How long do employers have to keep timesheets?

Under the FLSA, time cards and similar supporting records should be kept for two years and payroll records for at least three. Many employers keep both for four years to cover tax rules and wage claims.

Do timesheets have to be on paper?

No. Any timekeeping method is acceptable if it is complete and accurate. Records do not have to be kept in any particular form.

Should I keep screenshots as long as timesheets?

No. Screenshots are not a required wage record. Keep them for the short period your purpose needs and delete them on schedule.

What happens if I cannot produce time records?

You lose your best evidence in a wage dispute, and failing to keep required records is itself a violation. Keep the records, and keep them findable.

Sources

  1. US Department of Labor: Fact Sheet 21, Recordkeeping Requirements under the FLSA
  2. US Department of Labor: Handy Reference Guide to the Fair Labor Standards Act
  3. IRS: Employment tax recordkeeping
  4. EUR-Lex: General Data Protection Regulation

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