(1) To ease disparity between state and
federal requirements and clarify the practices and policies that may guide the
department's administration and enforcement of Montana wage and hour law, the
department adopts and incorporates by reference the following sections of the
Code of Federal Regulations, October 27, 2023, edition. These provisions
provide examples describing the most frequently occurring situations and
questions regarding employer record keeping in wage and hour regulation.
(a)
29 CFR
516.1 through
516.8, except not adopt
29 CFR
516.6, which is replaced with the following:
(i) Supplementary basic records: Each
employer required to maintain records under this part shall preserve for a
period of at least three years:
(A) Basic
employment and earning records. From the date of last entry, all basic time and
earnings cards or sheets on which are entered the daily starting and stopping
time of individual employees, or of separate work forces, or the amounts of
work accomplished by individual employees on a daily, weekly, or pay period
basis (for example, units produced) when those amounts determine in whole or in
part the pay period earning or wages of those employees; and
(B) 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 computation;
(ii) Order, shipping, and billing records.
From the last date of entry, the originals or true copies of all customer
orders or invoices received, incoming or outgoing shipping or delivery records,
as well as all bills of lading and all billings to customers (not including
individual sales slips, cash register tapes or the like) which the employer
retains in the usual course of business operations;
(iii) 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 three years from the date of last entry:
(A) Records of individual employee accounts
for total additions to or deductions from wages paid each pay period;
and
(B) 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.
(c) not adopt
29 CFR
516.30, which is replaced with the following:
(i) Learners, apprentices, students,
student-employees, or workers with disabilities employed under special
certificates as provided in
39-3-406, MCA.
(A) Items required. With respect to persons
employed as learners, apprentices, student-employees, messengers, or full-time
students employed outside of their school hours in any retail or service
establishment or workers with disabilities at special minimum hourly rates
under special certificates pursuant to
39-3-406, MCA, employers must
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. Employers must also segregate on payroll or pay
records the names and required information and data with respect to those
employed under Special Certificates. A symbol or letter before each name must
indicate the person is a "learner," "apprentice," "student-employee,"
"messenger," "student," or "worker with disabilities" employed under a Special
Certificate.
