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E-mail retention Kentucky

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  • E-mail retention Kentucky

    How long does a company have to keep emails? I know if there is pending litigation anything related to the litigation should be kept. But, on regular emails, is there a record retention requirement? If not, I would assume that it is better for a company to get rid of the archived emails rather than keep them around?

  • #2
    There is no law that dictates now long an employer must keep emails or most other business communications. It's entirely up to each company.

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    • #3
      Agreed. Past that, there is not one law on record retention. There are MANY laws on record retention.

      Example. FLSA (federal law) requires all records related to decisoins made on paying and not paying employees to be kept for at least two and sometimes three years. Some states follow FLSA requirements for these records and some states have different rules. Now I generally work payroll and if I have a payroll related email that is a decision point for a payroll, I print out the little dear and put it in the documentation package for that payroll. Problem solved. After the 2-3 year period goes by, we destroy the entire documentation package.

      But if hypothetically someone in HR decided to NOT pay someone, they would not necessarily notify payroll, and payroll would not document decisions they did not know about. I am not saying that this is likely but in theory this could come up in some type of audit. Not likely, but if federal DOL was auditing anyhow, say an audit on not paying overtime, and they (the feds) were not happy, and looking for sticks to hit the employer with, this is in theory could be one of them.

      Past that, you are assuming the emails can actually be destroyed. The jury is maybe still out on that. Plus people have been known to keep copies of emails.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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