Cut Bank School District
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The District shall maintain a cumulative personnel file in the administrative office for each of its employees, as required by the Office of Public Instruction and current personnel policies. These records are not to leave the administrative office except as specifically authorized by the Superintendent, and then only by signed receipt. Payroll records are maintained separately.
Contents of Personnel Files
A personnel file may contain, but is not limited to, transcripts from colleges or universities, information allowed by statute, a record of previous employment (other than college placement papers for periods beyond active candidacy for a position), evaluations, copies of contracts, and copies of letters of recommendation requested by an employee. All material in the personnel file must be related to the employee’s work, position, salary, or employment status in the District. All documents, communications, and records dealing with the processing of a grievance shall be filed separately from the personnel file of the participants.
No material derogatory to an employee’s conduct, service, character, or personality shall be placed in the file, unless such placement is authorized by the Superintendent, as indicated by his initials, and unless the employee has had adequate opportunity to read the material. For the latter purpose, the Superintendent shall take reasonable steps to obtain the employee's initials or signature verifying the employee has received a copy of the material. If the employee refuses to sign the document indicating they have had an opportunity to read it, the Superintendent will place an addendum to the document, noting that the employee was given a copy but refused to sign. The Superintendent will date and sign the addendum.
Disposition of Personnel Files
An employee, upon termination, may request transcripts of college and university work. Any confidential college or university placement papers shall be returned to the sender or destroyed at the time of employment. All other documents shall be retained and safeguarded by the District for such periods as prescribed by law.
Record Keeping Requirements Under the Fair Labor Standards Act
1. Records required for ALL employees:
A. Name in full (same name as used for Social Security);
B. Employee’s home address, including zip code;
C. Date of birth if under the age of 19;
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D. Sex (may be indicated with Male/Female, M/F, Mr./Mrs./Miss);
E. Time of day and day of week on which the employee’s work week begins;
F. Basis on which wages are paid (such as $5/hour, $200/week, etc.);
G. Any payment made which is not counted as part of the “regular rate”;
H. Total wages paid each pay period.
2. Additional records required for non-exempt employees:
A. Regular hourly rate of pay during any week when overtime is worked;
B. Hours worked in any work day (consecutive twenty-four-(24)-hour period);
C. Hours worked in any work week (or work period in case of 207[k]);
D. Total daily or weekly straight-time earnings (including payment for hours in excess of forty (40) per week, but excluding premium pay for overtime);
E. Total overtime premium pay for a work week;
F. Date of payment and the pay period covered;
G. Total deductions from or additions to wages each pay period;
H. Itemization of dates, amounts and reason for the deduction or addition, maintained on an individual basis for each employee;
I. Number of hours of compensatory time earned each pay period;
J. Number of hours of compensatory time used each pay period;
K. Number of hours of compensatory time compensated in cash, the total amount paid and the dates of such payments;
L. The collective bargaining agreements which discuss compensatory time, or written understandings with individual non-union employees.
All records obtained in the application and hiring process shall be maintained for at least two years.
Legal Reference: 29 USC 201, et seq. Fair Labor Standards Act
§ 2-6-101, et seq., MCA Public Records
24.9.805, ARM Employment Records