24.16.6102 GENERAL REQUIREMENTS

(1) Employees subject to minimum wage or minimum wage and overtime provisions; Items required. Every employer shall maintain and preserve payroll or other records containing the following information and data with respect to each and every employee to whom the wage and hour law apply:

(a) Name in full, and on the same record, the employee's identifying symbol or number if such is used in place of name on any time, work, or payroll records. This shall be the same name as that used for Social Security record purposes,

(b) Home address, including zip code,

(d) Sex and occupation in which employed (sex may be indicated by use of the prefixes Mr., Mrs., or Miss) ,

(e) Time of day and day of week on which the employee's workweek begins. If the employee is part of a work force or employed in or by an establishment all of whose workers have a workweek beginning at the same time on the same day, a single notation of the time of the day and beginning day of the workweek for the whole workforce or establishemnt will suffice. If, however, any employee or group of employees has a workweek beginning and ending at a different time, a separate notation shall then be kept for that employee or group of employees.

(f) Regular hourly rate of pay, and length of pay period,

(g) Hours worked each workday and total hours worked each workweek (for purposes of this section, a "workday" shall be any consecutive 24 hours) ,

(h) Total daily or weekly straight-time earnings or

wages,

(i) Total weekly overtime compensation,

(j) Total additions to or deductions from wages paid each pay period. Every employer making additions to or deductions from wages shall also maintain, in individual employee accounts, a record of the dates, amounts, and nature of the items which make up the total additions and deductions,

(k) Total wages paid each pay period,

(l) Date of payment and the pay period covered by payment. Such records will be preserved by the employer for three years,

(2) Bona fide executive, administrative, and professional employees as referred to in section 39-3-406 (1) (i) items required.

(a) With respect to persons employed in a bona fide executive, administrative or professional capacity, employers shall maintain and preserve records containing all the information and data required by subsection (1) except subparagraphs (f) through (j) thereof, and, in addition thereto the basis on which wages are paid (this may be shown as "$435 mo."; "$215 wk."; or "on fee") .

(3) Posting of notices. Every employer employing any employees who are not specifically exempt from both the minimum wage provisions and the overtime provisions of section 39-3-404 and 39-3-405 MCA, shall post and keep posted such notices pertaining to the applicability of the Law as shall be prescribed by the Wage and Hour section, in conspicuous places in every establishment where such employees are employed so as to permit them to observe readily a copy on the way to or from their place of employment.

(4) Records to be preserved 3 years. Each employer shall preserve for at least 3 years:

(a) Payroll records. From the last date of entry, all those payroll or other records containing the employee information and data required under any of the applicable sections of this part, and

(b) Certificates, agreements, plans, notices, etc. From their last effective date, all written:

(i) Collective bargaining agreements, any amendments or additions thereto,

(ii) Plans, trusts, employment contracts,

(iii) Individual contracts or collective bargaining agreements. Where such contracts or agreements are not in writing, a written memorandum summarizing the terms of each such contract or agreement.

(i) Total dollar volume of sales or business, and

(d) Supplementary basic records: Each employer required to maintain records under this part shall preserve for a period of at least 3 years:

(i) Basic employment and earning records. From the date of last entry, all basic time and earnings cards or

sheets of the employer on which are entered the daily starting and stopping time of individual employees, or of separate work forces, or the individual employee's daily, weekly, or pay period amounts of work accomplished (for example, units produced) when those amounts determine in whole or in part the pay period earning or wages of those employees.

(ii) Wage rate tables. From their last effective date, all tables or schedules of the employer which provide the piece rates or other rates used in computing straight-time earnings, wages, or salary, or overtime excess computation and

(iii) Worktime schedules. From their last effective date, all schedules or tables of the employer which establish the hours and days of employment of individual employees or of separate work forces.

(e) Records of additions to or deductions from wages paid: Each employer who makes additions to or deductions

from wages paid shall preserve for at least 3 years from the date of last entry:

(i) Those records of individual employee accounts referred to in subsection (1) (j) .

(ii) All employee purchase orders, or assignments made by employees, all copies of addition or deduction statements furnished employees, and

(iii) All records used by the employer in determining the original cost, operating and maintenance cost and depreciation and interest charges, if such costs and charges are involved in the additions to or deductions from wages paid.

(5) Place for keeping records and their availability for inspection.

(a) Place of records. Each employer shall keep the records required by the regulations in this part safe and accessible at the place or places of employment, or at one or more established central recordkeeping offices where such records are customarily maintained. Where the records are maintained at a central recordkeeping office, other than in the place or places of employment such records shall be made available within 72 hours following notice from the Adminis-trator or his duly authorized and designated representative.

(b) Inspection of records. All records shall be open at any time to inspection and transcription by the Administrator or his duly authorized and designated representative.

(6) Computations and reports. Each employer required to maintain records under this part shall make such extension, recomputation, or transcription of his records and shall submit to the Wage and Hour Division such reports concerning persons employed and the wages, hours, and other conditions and practices of employment set forth in his records as the Administrator or his duly authorized and designated representative may request in writing.

(7) "Board, lodging, or other facilities" under section

39-3-402 (7) MCA.

(a) In addition to keeping other records required by the regulations in this part, an employer who makes deductions from the wages of his employees for "board, lodging, or other facilities" (as these terms are used in section 39-3-402 MCA) furnished to them by the employer or by an affiliated person, or who furnished such "board, lodging, or other facilities" to his employees as an addition to wages, shall maintain and preserve records substantiating the cost of furnishing each class of facility. Separate records of the cost of each facility furnished to an employee must be kept.

(b) Employers making deductions for meals or who furnish meals to their employees as an addition to wages shall maintain and preserve records that show the following for each meal served.

(i) Menu price (if the employer is operating a restaurant type operation) .

(ii) Type of meal.

(iii) Cost of meals to employee.

(iv) Date meal was furnished.

(v) Total cost to employee for the meals each workweek.

(vi) Signature of the employee indicating the meal was actually consumed by the employee.

(8) Employees under more than one minimum hourly rate.

(a) Additional items required. An employer of any employees subject to different minimum wage rates of pay who elects to pay less than an amount arrived at by applying the highest applicable minimum rate for all hours worked in any workweek, shall, in addition to any employee information and data required to be kept with respect to them by any applicable section of the regulations in this part maintain and preserve payroll or other records containing the following information and data with respect to each of those employees:

(i) The minimum rate of pay required to be paid for each different type of employment in which each employee was engaged during the workweek.

(ii) The basis on which wages are paid for each such different type of employment (such as "$2 each hour"; "$16 a day"; "$80 week"; "2 ¢ per piece"; "$80 wk. plus 5 percent commission on sales over $800 wk."; etc.) ,

(iii) The piece rate, if any, for each operation on each type of goods upon which the employee has worked under each such different applicable minimum rate of pay and the number of pieces worked upon at such piece rates,

(iv) The total hours or fractions thereof worked that workweek by each such employee in employment covered by each such different applicable minimum rate, and

(v) The total wages due each such employee at straight time for the hours worked in each such different type of employment including any amounts earned in excess of the applicable minimum rate of pay.

(b) Records of workers whose work cannot be segregated.

The provisions of paragraph (a) of this subsection shall not be construed to affect in any way the records to be kept, or compensation to be paid employees whose activities cannot be segregated and who are therefore, not subject to different minimum rates of pay.

(9) Learners, apprentices, students, or handicapped workers employed under special certificates as provided in section 39-3-406 MCA.

(a) Items required. With respect to persons employed as learners, apprentices, messengers, or full time students employed outside of their school hours in any retail or service establishment or handicapped workers at special minimum hourly rates under special certificates pursuant to section 39-3-406 MCA, employers shall maintain and preserve records containing the same information and data required with respect to other employees employed in the same occupations,

(b) Segregation or designation on payroll and use of identifying symbol. In addition, each employer shall segregate on his payroll or pay records the names and required information and data with respect to those learners, apprentices, messengers (and handicapped workers and students) , employed under special Certificates. A symbol or letter shall also be placed before each such name on the payroll or pay records indicating that, that person is a "learner" "apprentice", "messenger", "student", or "handicapped worker", employed under a Special Certificate.

History: Sec. 39-3-403, MCA; IMP, Sec. 39-3-404 & 39-3-405, MCA; Eff. 12/31/72.