Required Postings and Records Retention Michele Puiggari Puiggari & Associates

Posting Requirements WHD Federal Minimum Wage Special Minimum Wage (disabilities—special permits) Employee Rights under FLSA FMLA Employee rights under H-2B (legal immigrants) Employee Polygraph Protection Act

Posting Requirements DOL FLSA FMLA OSHA : the law and the 300 report summary for 90 days EEO EPPA USERRA

State Discrimination—ok if use federal EEO poster Hazardous chemicals State minimum wage (not applicable to employees covered by CBA) UI insurance Workers Compensation Montana No smoking

Resources -federal https://www.dol.gov/oasam/boc/osdbu/sbrefa/poster/matrix.htm Print your own (any language) Local Job Service Office http://webapps.dol.gov/elaws/posters.htm For federal posters only. Use link –put in information and it tells you which posters you must have

Resources State Job Service https://www.laborposters.org/montana.htm Can download or print all Montana’s mandatory and optional labor posters free

OSHA 300 Requirement to keep record and file report Serious occupational injury and illnesses The OSHA injury and illness recordkeeping forms are: the Log of Work-Related Injuries and Illnesses (OSHA Form 300), the Summary of Work-Related Injuries and Illnesses (OSHA Form 300A), and the Injury and Illness Incident  Report (OSHA Form 301). Employers must fill out the Log and the Incident Report only if a recordable work-related injury or illness has occurred. Employers must fill out and post the Summary annually, even if no recordable work-related injuries or illnesses occurred during the year.

other Conspicuous Permanent Enough places all workers can see: enter and exit facility Applicants can see for : eeo, fmla and EPPA Internet applicants: must have in job posting applicants have rights under federal employment laws and links to FMLA, EEI and EPPA. Home workers: send copies or put on co. intranet Physical postings currently are requirement at work site

Penalties Can be significant Ex. Osha---$7,000 EPPA- up to $10,000 EEO- penalty increasing from $210 per violation to $525.

Records Retention Federal and state laws may require you to retain employee information. You may also need to keep certain employee records for business purposes. The federal government requires that you keep an array of information under different laws. General Rules: Personnel: 7 years after termination Medical/benefits: 6 years after plan year (unless exposure—30 years) I-9 forms: Not more than 3 years after termination Hiring Records: 2 years after hiring decision

Records Retention Requirements See Handout https://www.shrm.org/ResourcesAndTools/tools-and- samples/policies/Documents/Federal%20Record%20Retention%20Chart.pdf

State of MT 2.21.6617 EMPLOYEE PERSONNEL RECORDS RETENTION (1) The Montana Secretary of State's Records and Information Management Division maintains a records retention schedule for payroll and personnel records. Most employee personnel records must be kept in the employer's office for three years after an employee terminates employment. The records must then be transferred to the state records center or retained within the agency for seven additional years. Some personnel records have different retention requirements, which are listed in the schedule. (2) The GS5 payroll and personnel records schedule may be accessed via the Secretary of State's web site.