---
kind: "section"
citation: "29 C.F.R. § 1627.4"
title: "29"
number: "1627.4"
heading: "Records to be kept by employment agencies."
url: "https://uscodex.org/cfr/29/1627.4"
---

# §1627.4. Records to be kept by employment agencies.

- (a)
  - (1) Every employment agency which, in the regular course of its business, makes, obtains, or uses, any records related to the following, shall, except as provided in [paragraphs (a)](#a) (2) and (3) of this section, keep them for a period of 1 year from the date of the action to which the records relate:
    - (i) Placements;
    - (ii) Referrals, where an individual is referred to an employer for a known or reasonably anticipated job opening;
    - (iii) Job orders from employers seeking individuals for job openings;
    - (iv) Job applications, resumes, or any other form of employment inquiry or record of any individual which identifies his qualifications for employment, whether for a known job opening at the time of submission or for future referral to an employer;
    - (v) Test papers completed by applicants or candidates for any position which disclose the results of any agency-administered aptitude or other employment test considered by the agency in connection with any referrals;
    - (vi) **Advertisements or notices relative to job openings.**
  - (2) When an enforcement action is commenced under section 7 of the Act regarding a particular applicant, the Commission or its authorized representative shall require the employment agency to retain any record required to be kept under [paragraph (a)(1)](#a-1) of this section which is relative to such action until the final disposition thereof.
- (b) Whenever an employment agency has an obligation as an “employer” or a “labor organization” under the Act, the employment agency must also comply with the recordkeeping requirements set forth in [§ 1627.3](/cfr/29/1627.3.md) or [§ 1627.5](/cfr/29/1627.5.md), as appropriate.

## Notes

### Amendments

[44 FR 38459, July 2, 1979, as amended at 46 FR 63268, Dec. 31, 1981; 56 FR 35756, July 26, 1991]

### Authority

Authority: Sec. 7, 81 Stat. 604; 29 U.S.C. 626; sec. 11, 52 Stat. 1066, 29 U.S.C. 211; sec. 12, 29 U.S.C. 631, Pub. L. 99-592, 100 Stat. 3342; sec. 2, Reorg. Plan No. 1 of 1978, 43 FR 19807.

### Source

Source: 44 FR 38459, July 2, 1979, unless otherwise noted.

### Amendments

[44 FR 38459, July 2, 1979, as amended at 46 FR 63268, Dec. 31, 1981; 56 FR 35756, July 26, 1991]