As a US based retailer, you already have to manage high turnover and the challenges that come with running payroll for hourly or minimum wage workers. But, you may not be aware of the payroll records you need to retain to comply with federal, state and local laws. As an employer, you need to keep records to document your business’ claims and filings with federal and state labor and revenue departments, local tax centers and any other organizations that require reporting and payment as part of your payroll process.
Payroll record retention matters for businesses of every size. For larger retailers—those with multiple locations and therefore more employees—payroll record retention can seem even more complicated, but it doesn’t have to be. With the right software, processes and resources in place, large employers can ensure they are meeting payroll retention requirements at all levels.
Why so many forms and government entities? It’s a function of two primary factors: payroll taxes and employment laws.*
In this post, we’ll go over:
Prepare your retail business for the ever-evolving retail landscape with this guide.
The need to keep accurate payroll records is largely the result of payroll taxes . These are also known as employment taxes, which include federal and state income tax, federal and state unemployment insurance, Federal Insurance Contributions Act (FICA) taxes (Medicare and social security) and local payroll taxes.
According to the Internal Revenue Service (IRS), an employer must retain payroll records relating to payroll taxes a minimum of four years from the time the taxes are due, or from the date on which you made the payment (whichever is later). Ideally, this is also long enough to cover the period in which an employee could file an amendment (change) for the applicable fiscal year.
Payroll tax records an employer should retain include:
While the four-year mark applies at the federal level, it doesn’t account for varying state and local requirements, including statutes of limitations. For tax purposes, state requirements range from three to as long as eight years.
Since different agencies have different requirements, the sensible thing to do is make a judgment call based upon all federal, state and local laws that apply to your business. As guideposts, the Small Business Administration (SBA) recommends keeping payroll records for up to six years and legal advice site, Nolo, suggests a payroll record retention period of up to seven years .
Check your state and local record retention laws to confirm your requirements so you can set up an accurate record retention schedule. You can find updated requirements for payroll record retention by state in the chart below:
| State | Record retention period |
| Alabama | 5 years |
| Alaska | 3 years |
| Arizona | 4 years |
| Arkansas | 3 years |
| California | 4 years |
| Colorado | 3 years |
| Connecticut | 7 years |
| Delaware | 3 years |
| Florida | 3 years |
| Georgia | 4 years |
| Hawaii | 7 years |
| Idaho | 3 years |
| Illinois | 3 years |
| Indiana | 5 years |
| Iowa | 7 years |
| Kansas | 3 years |
| Kentucky | 4 years |
| Louisiana | 5 years |
| Maine | 3 years |
| Maryland | 3 years |
| Massachusetts | 3 years |
| Michigan | 3 years |
| Minnesota | 4 years |
| Mississippi | 3 years |
| Missouri | 3 years |
| Montana | 3 years |
| Nebraska | 3 years |
| Nevada | 4 years |
| New Hampshire | 3 years |
| New Jersey | 6 years |
| New Mexico | 4 years |
| New York | 6 years |
| North Carolina | 3 years |
| North Dakota | 3 years |
| Ohio | 3 years |
| Oklahoma | 3 years |
| Oregon | 3 years |
| Pennsylvania | 4 years |
| Rhode Island | 3 years |
| South Carolina | 4 years |
| South Dakota | 4 years |
| Tennessee | 5 years |
| Texas | 3 years |
| Utah | 3 years |
| Vermont | 3 years |
| Virginia | 3 years |
| Washington | 3 years |
| West Virginia | 2 years |
| Wisconsin | 3 years |
| Wyoming | 4 years |
As payroll records contain sensitive employee and business information, you have to ensure the safety and integrity of this information.
When it comes to sensitive information like employment and payroll records, confidentiality is key. Employers should consider consulting counsel to ensure their systems of record keeping meet confidentiality requirements mandated by federal and state laws.
Employers can choose to keep records electronically or physically. Electronic record-keeping is more convenient, especially for businesses with high employee turnover or with more than 100 employees at any given time. Cloud-based payroll software and accounting integrations can help employers keep their records up-to-date with less time, energy and financial resources involved. Plus, having a reliable HR team is fundamental to maintaining these records.
Disposal is also a huge part of confidentiality. Once the period for payroll record retention is up, employers can’t just delete files or throw them away—this is a huge security risk for employee data.
The Federal Trade Commission (FTC) makes the following recommendations for disposing of confidential payroll records and other sensitive data:
You need to keep good payroll records to prove that you’re complying with federal, state and local employment standards. For instance, Fair Labor Standards Act (FLSA) regulations cover minimum wage, overtime and youth employment standards. State and local authorities also have specific labor regulations and practices that need to be followed. In all of these instances, your payroll records are your proof of compliance.
The Department of Labor (DOL) outlines its recordkeeping requirements in a document titled the FLSA Fact Sheet #21 , which states that employers must keep the following documents for any non-exempt worker (someone who qualifies for overtime under FLSA and/or state and local laws):
FLSA requirements state that payroll records should be kept a minimum of three (3) years. However, supplemental information, such as time cards or rate tables, only need to be kept for two (2) years.
Like the regulations for payroll taxes, state and local requirements vary and it’s best to verify the payroll record retention requirements for your business.
Keep the following:
Again, these are federal requirements. Additional state and local rules may also apply.
As they regulate the workplace as well as how employees are paid, payroll tax and labor laws are connected, which is why the main tax and compliance documents below contain information that applies to both.
Completed by the employee upon being hired, they contain the employee’s full name, address, SSN and tax allowances .
Completed by the employer as part of payroll year-end, W-2s are the reporting tool that contain the employee’s key identifying information as well as all the tax withholdings and taxable income amounts needed for the employee to file their individual income tax returns. (Note: Due to the tax implications, the IRS is the key regulatory agency for W-4s and W-2s.)
Completed by the employer on a quarterly basis it shows all the payroll tax amounts withheld from employees and contributed by employers. This form also includes information on tipped wages.
The annual tax return is completed to indicate how much federal unemployment tax the employer has paid.
Submitted quarterly by employers to state unemployment and other tax authorities.
Submitted at a state level by the employer, within a set number of days after hiring or rehiring an employee.
While the FLSA only requires recordkeeping, it doesn’t require that employers issue pay stubs or a similar payroll document. However, an accurate pay stub will contain all of the above information, and more than half of the states (26) require that employers issue pay stubs.
Whether you use a spreadsheet to track employee wages, or payroll software, whenever you run payroll you will enter items, like the rate of pay, number of hours worked, overtime earnings, etc. to complete this task. Once you’ve paid your employees, these documents become your records. Reports can then be generated for specific pay runs or as summaries of several payroll cycles over a set period of time.
As part of your recruiting and hiring process, offer letters and other onboarding items also contain employment information, like job titles and compensation.
It will cost you time, money and a lot of stress. The simple answer is that you won’t be able to adequately defend yourself against any audits, penalties or similar actions. Without the proper information, you will also be unable to substantiate any claims you’ve made on your behalf, such as tax deductions or proof of compliance with any specific tax or labor regulation.
And, when it comes to payroll, time and again, the responsibility falls back to the employer (business owner). Even if you’re working with an accountant or bookkeeper and using payroll and accounting software, the precedent has shown that the responsibility for complying with payroll tax and labor laws ultimately lies with the employer. In extreme cases , depending on the issue, the IRS can even seize an employer’s personal assets and press criminal charges.
Even if an employer is incorporated and personal liability isn’t part of the equation, the business and its state of recordkeeping will be subjected to a high level of legal scrutiny. Keeping meticulous records and obeying protocols at the state and federal level is extremely important for incorporated businesses.
This, my friends, is the paper or plastic of the recordkeeping world. FLSA guidelines don’t specify a format.
However, as the world gets more and more digital, the ability to attach a document and hit send has its benefits. Digital files also tend to take up less space, unless you really, really like file cabinets. At the end of the day, the best system for your growing retail business is the one that ensures accuracy and simplifies the record keeping process .
Small business payroll provider Wagepoint has created an interactive payroll tax map that provides state-by-state payroll tax and labor law information and an expert guide on US payroll taxes with an infographic that shows the impact these taxes have on small businesses. These resources are available free of charge and commitment to anyone wanting to learn more about these topics.
Government websites are also a great resource, as well as advocacy groups, like the SBA and its SCORE Mentoring Program.
Want to move more of your business operations from paper to digital? Talk to a Lightspeed expert to learn more about how our POS and payments platform can help.
*The focus of this article is workers who are classified as exempt employees for which the employer is responsible for following labor laws and administering payroll taxes. (Contractors pay their own payroll taxes and are therefore subject to their own recordkeeping regulations.)
