What are payroll records?

Payroll records are the documents that show who was paid, for which hours, at what rate, and what was withheld. Federal law sets what must be in them and how long to keep them: 3 years for payroll records under the FLSA, 2 years for time cards, and at least 4 years for employment tax records.

In shortPayroll records are the employer’s records of hours, pay and deductions for each employee. Two federal agencies set the main rules. Under the FLSA recordkeeping regulation, 29 CFR 516.2, an employer must keep, for each non-exempt employee, items such as the employee’s name and address, the time and day the workweek begins, hours worked each workday and each workweek, the regular hourly rate in any overtime week, straight-time earnings, overtime pay, additions and deductions, total wages and the pay date and pay period. Payroll records must be kept for at least 3 years, and supporting records such as time cards, wage rate tables and work schedules for 2 years. The IRS says to keep all employment tax records for at least four years after filing the fourth quarter return for the year, and some records related to certain credits for at least six years. States often add their own rules, such as pay stub contents or longer retention. The records must be available for inspection, and when there is a wage dispute, the employer’s own records are usually the main evidence. If they are missing or inaccurate, the employee’s reasonable estimate of hours can be enough to prove a claim.

How long to keep what

Federal retention periods
Record Keep for Rule
Payroll records, such as hours, pay and deductions At least 3 years FLSA, 29 CFR 516.5
Time cards, wage rate tables, schedules At least 2 years FLSA, 29 CFR 516.6
Employment tax records At least 4 years after the 4th quarter return IRS
Some tax credit records At least 6 years IRS

See timekeeping for how hours are captured and pay stub for what employees see.

Minimum retention, in yearsTime cards2 yearsPayroll records3 yearsTax records4 yearsSome credits6 yearsStates can require longer
Federal minimum retention periods for different payroll records.

Worked example: a wage claim two years later

Who has the better record

A former line cook files a claim saying he worked through his unpaid 30-minute meal break on most shifts for 18 months, and asks for about 1.5 extra hours of pay a week.

The restaurant pulls its records. Its time system shows every clock in and out, including the meal break punches, and every manager edit carries a reason and the name of the person who approved it. On 41 shifts in the period, he clocked back in after fewer than 30 minutes. Those breaks were not bona fide meal periods and should have been paid.

The restaurant pays for those 41 short breaks with overtime where the week was over 40 hours, and the rest of the claim is resolved because the records show the full breaks were taken. If the restaurant had kept only weekly totals on paper, his estimate might have carried the day.

Mistakes that are specific to payroll records

Keeping records when you change systems

Retention periods do not stop when you change payroll provider or time clock. Before you leave a system, export what you will need to keep: daily punches, edits with reasons, approvals, pay registers and tax filings for the years still in the retention period.

Check that the export is readable without the old system, such as PDF or spreadsheet files, and that it includes the audit trail, not only the final hours. Store it with a note of what period it covers and where it came from, so someone can find it years later during an audit or a claim.

Second example: an audit after a system change

A landscaping company switched time systems 18 months ago. A wage and hour investigator asks for two years of time records for its crews.

The company exported the old system’s punches, edits and signed monthly reports as PDF and Excel files before canceling it, so it can produce the first six months from the export and the rest from the current system. A competitor that did not export its data has to rebuild those months from paper schedules, which are not the same as records of hours worked.

Keep the edit trail, not just the resultWhen a time record is corrected, keep the original punch, the change, the reason and who approved it. A clean audit trail is what makes a record believable in a dispute.

Questions people ask

How long do you have to keep payroll records?

At least 3 years for payroll records under the FLSA, 2 years for time cards and similar records, and at least 4 years for employment tax records under IRS rules. Some states require longer.

What should payroll records include?

Employee details, the workweek start, daily and weekly hours, pay rate, straight-time and overtime earnings, deductions, total wages and pay dates.

Can payroll records be electronic?

Yes, as long as they are accurate, complete and available for inspection.

What happens if an employer does not keep payroll records?

In a wage dispute, the employee’s reasonable estimate of hours can be enough to prove a claim, and the employer may face penalties.

Where must payroll records be kept?

At the place of employment or a central records office. Federal rules say records kept elsewhere must be made available within 72 hours of a request.

Do exempt employees need hours records?

Federal rules do not require hours records for exempt executive, administrative and professional employees, but their other payroll details must still be kept.

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Disclaimer: This explanation of payroll records is general information, not legal, payroll or tax advice; rules differ by state and city and change over time, and the examples are fictional.