Sec. 9.
(1) The state shall keep and preserve, for at
least three (3) years, payroll or other records containing the following
information and data for each employee:
(A)
Name in full and, on the same record, the employee's identifying symbol or
number, if used in place of the employee's name, on any time, work, or payroll
records. This must be the same name used for Social Security record
purposes.
(B) Home address,
including zip code.
(C) Date of
birth, if less than nineteen (19) years of age.
(D) Sex and occupation in which
employed.
(E) Time of day and day
of the week the employee's work period begins. If the employee is part of a
workforce or employed in or by an establishment where all workers have a work
week beginning at the same time on the same day, a single notation of the time
of the day and beginning day of the work week may be used for the whole
workforce or establishment. If, however, an employee or a group of employees
has a work week beginning and ending at a different time, a separate notation
is kept for that employee or group of employees.
(F) For wages, the:
(i) regular hourly rate of pay for any week
when overtime is worked and overtime excess compensation is due;
(ii) basis on which wages are paid;
and
(iii) amount and nature of each
payment excluded from the regular rate. These records may be in the form of
vouchers or other payment data.
(G) Hours worked each work day and total
hours worked each work week. As used in this section, "work day" means any
consecutive twenty-four (24) hours.
(H) Total daily or weekly straight-time
earnings or wages, which are the total earnings or wages due for hours worked
during the work day or work week, including earnings or wages due during any
overtime worked, but excluding overtime excess compensation.
(I) Total overtime excess compensation for
the work week. The excess compensation for overtime worked is the amount over
the straight-time earnings or wages also earned during overtime
worked.
(J) Total additions to or
deductions from wages paid each pay period. An 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 that make up the total
additions and deductions.
(K) Total
wages paid each pay period.
(L)
Payment date and the pay period covered by the payment.
(2) For employees working on fixed schedules,
the state may maintain records showing, instead of the hours worked each day
and week, the schedule of daily and weekly hours the employee normally works,
and:
(A) in weeks when an employee adheres to
this schedule, indicates by check mark, statement, or other method that the
hours were actually worked by the employee; and
(B) in weeks when more or less than the
scheduled hours are worked, shows the exact number of hours worked each day and
each week.
(3) For
persons employed in job categories or classifications other than those
enumerated in section 3(1) of this rule and who did not work compensable
overtime, as determined by this rule, records containing the information and
data required by subdivision (1) shall be maintained and preserved, except data
required by subdivision (1)(F) through (1)(J) and, in addition, the basis on
which wages are paid in enough detail to permit calculation for each pay period
of the employee's total remuneration for employment, including fringe
benefits.
