State Record Retention Requirements – TX

TEXAS

Wage and Hour 

Each employing unit must keep true and accurate employment and payroll records that must include: the name and correct address of the employing unit; the name and address of each branch or division or establishment operated, owned or maintained by the employing unit at different locations in Texas; and the following information for each and every individual performing services for it: (1) the individual’s name, address, and social security number; (2) the dates on which the individual performed services for the employing unit and the state or states in which the services were performed; (3) the amount of wages paid to the individual for each separate payroll period, date of payment of the wages, and amounts or remuneration paid to the individual for  each separate payroll period; and (4) whether, during any payroll period the individual worked less than full time, and if so, the hours and dates worked. These records must be kept for 4 years.  

Worker Injuries, Health, and Safety: 

  No requirements 

Other Employment Records: 

  No requirements 

Does your state give employees a legal right to examine their own personnel files? 

Employees’ Rights: 

• Private sector:  Private employees have no statutory right to examine or copy personnel files. 
• Public sector:  Information in the personnel files of a government employee must be made available to the employee or a representative. 

Former Employees’ Rights: 

  Statute limited to current employees 

Covered Employers 

  Government employers 

Citations to Authority – click link to view statute: 

 Tex. Workforce Comm. Rule 825.106                                 Hours worked/FMLA 

 Tex. Lab. Code § 301.081                                                            Employee records