HAR § 12-46 § 12-46-21
Record keeping requirements.
Operative Text
(a) Any personnel or employment record made or kept by an employer, employment agency, or labor organization shall be preserved by the employer for one year from the date of the making of the record or the personnel action involved, whichever occurs later. The records shall include but not be limited to forms, applications, and records having to do with: (1) Hiring; (2) Promotion; (3) Demotion; (4) Layoff or termination; (5) Rates of pay or other terms of compensation; (6) Labor organization membership; (7) Selection for training or apprenticeship; and (8) Employment referrals. (b) In the case of involuntary termination of an employee, the personnel records of the individual terminated shall be kept for one year from the date of termination. (c) Where a complaint has been filed or civil action has been brought against a respondent under chapters 489 or 515 or part I of chapter 378, HRS, the respondent shall preserve all records, including any personnel records, relevant to the complaint or action until final disposition of the complaint or action. (1) “Personnel records relevant to the complaint” include: (A) Personnel or employment records relating to the complainant and to all other employees holding positions similar to that held or sought by the complainant; and (B) Application forms or test papers completed by the complainant and by all other candidates for the same position as that for which the complainant applied and was rejected. (2) “Final disposition of the complaint or action” means: (A) A conciliation agreement is approved by the executive director; (B) The date of expiration of the statutory period within which the complainant may bring an action in circuit court; or (C) Where civil action is brought against the respondent by the complainant, the date on which the litigation is terminated by entry of a final order and time for filing a notice of appeal has expired. [Eff 12/31/90; am 7/19/25] (Auth: HRS §368-3) (Imp: HRS §§368-3, 378-6)
HAR § 12-46-21 establishes how long employers, employment agencies, and labor organizations in Hawaii must retain personnel and employment records. Generally, covered records — including those related to hiring, pay, promotions, layoffs, and training — must be kept for at least one year from when they were created or when the related personnel action occurred, whichever is later. When an employee is involuntarily terminated, their records must be kept for one year from the termination date. If a complaint or civil lawsuit is filed under the referenced Hawaii statutes, all relevant records must be preserved until the matter is fully resolved.
Plain English — not legal advice.
Although HAR § 12-46-21 is primarily an employment regulation, property owners who function as employers — such as those with on-site staff or property management employees — are subject to its record-retention requirements. Compliant operators generally maintain personnel files, applications, compensation records, and training documents for at least one year, and extend that retention period indefinitely for any records tied to an active complaint or civil action. Operators typically establish a document-retention policy that flags records connected to pending complaints under Hawaii's fair employment or fair housing statutes to ensure nothing is prematurely destroyed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
HAR § 12-46-21 is an employment record-keeping rule, but it may be relevant to tenants who also work for their landlord or a housing-related employer and believe they have experienced workplace discrimination. Under this provision, an employer must preserve all personnel records relevant to a complaint filed under the referenced Hawaii statutes until the matter reaches final disposition. Individuals who believe their rights have been violated may consider contacting the Hawaii Civil Rights Commission or a tenant-rights or workers'-rights organization to learn more about how this record-preservation requirement could support a complaint process.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 23, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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