HR ResearchWhere to Find Answers on the Internet

Overview

● The “rules of the game” come from a variety of sources:o Statutes (Laws)o Regulations/Ruleso Enforcement Agency Guidanceo Administrative Decisionso Attorney General Opinionso Executive Orderso Judicial Opinions/Orders

Statutory Overview

● Bills are proposed and acted on by Congress or the Montana Legislatureo Federal Bills are published by Library of Congresso Montana Bills are published by Legislative Council

● One adopted, new law is published as a “session law”● Once codified (by subject matter):

o Federal laws are published in the United States Code

o Montana laws are published in the Montana Codes Annotated

Federal Laws

● Congressional Bills are at www.congress.gov● USC is online at http://uscode.house.gov/

o USC subject indexed by Title and Section Numbero Example: Title 29 is Labor, Title 42 is Public Health

and Welfareo Section 42 USC 2000e is The Civil Rights Act of

1964

Montana Laws

● Legislative Bills are at the Legislative Council websiteo http://leg.mt.govo Click on session- then 2015 Sessiono Click on Laws, then “look up Bill Informationo Bill detail not available until approved by sponsor

● MCA is subject indexed by Title, Chapter and Sectiono Example: Title 39 is “Labor”o Chapter 3 is Wage and Houro Section 39-3-406 is the listing of exempt positions

Regulatory Overview

● Administrative Procedures Act establishes process● NOPR= Notice of proposed rulemaking● FR= Federal Register-- the daily publication of proposed

and adopted rules● CFR= Code of Federal Regulations- Grouped by issuing

Agency● MAR- Montana Administrative Register● ARM- Administrative Rules of Montana

Federal Regulations

● Federal Register is published daily by the Government Printing Office and can be found at:o http://www.gpo.gov/fdsys/browse/collection.action?c

ollectionCode=FRo Regulations.gov has regulations being considered

● Once adopted, regulations are published in the Electronic Code of Federal Regulation. (http://www.ecfr.gov)

Guide Guide to Federal Regulations

● Title 29- Labor Topicso http://www.ecfr.gov/cgi-bin/text-idx?SID=2ec5a88f23

2f45053269ec4a16e5e188&tpl=/ecfrbrowse/Title29/29tab_02.tpl

● Title 49- Transportation Drug Testingo http://www.ecfr.gov/cgi-bin/text-idx?SID=2ec5a88f23

2f45053269ec4a16e5e188&node=pt49.1.40&rgn=div5

Montana Regulations

● A law must authorize rulemaking● NOPRs are published at www.mtrules.org by the

Secretary of State in the Montana Administrative Register

● Notices of Adoption of rules also published in the ARM● Once adopted, rules are filed by issuing agency and

Division at mtrules.org● Example: Title 24 is MT Dept of Labor

o Chapter 16 is Wage and Hour

Federal Guidance

● Various Agencies publish interpretive instructions:o US Department of Labor

▪ Field Operations Handbook at http://www.dol.gov/whd/FOH/▪ Opinion Letters at http://www.dol.gov/whd/opinion/opinion.htm

o Equal Employment Opportunity Commission▪ Guidance Documents at

http://www.eeoc.gov/laws/guidance/subject.cfm

● US DOL e-laws advisors http://www.dol.gov/elaws/

State Guidance

● Montana Wage and Houro W&H Q&As

http://erd.dli.mt.gov/labor-standards/wage-and-hour-payment-act

Judicial System Overview

● District v. Appeals Courtso Montana is One Federal Districto State has 22 Judicial Districts

● 9th Circuit Court of Appeals ▪ Decisions Apply in 11 Western states▪ No Intermediate Appeals court in Montana

● US Supreme Court decisions apply nationwideo Not all appeals are accepted

● Montana Supreme Court applies statewideo All appeals must be accepted

Federal Court Decisions

● District Court Decisions on-line for a subscription fee● 9th Circuit Decisions at www.ca9.uscourts.gov/opinions/● Other Circuits at

http://www.law.cornell.edu/federal/opinions● US Supreme Court at

http://www.supremecourt.gov/opinions/opinions.aspx● Blog feeds available at

http://lists.willamette.edu/mailman/listinfo

Montana Court Decisions

● District Court decisions not on-line● Supreme Court Decisions at http://searchcourts.mt.gov

o Subscribe to Blog at http://mtlawlibrary.wordpress.com/

● MT Workers’ Compensation Courto Opinions http://wcc.dli.mt.gov/cases.aspo Subject Matter Reference

http://wcc.dli.mt.gov/tools/maintopics_keywords.asp

Federal Agency Decisions

● Many agencies publish their administrative decisions on line. o Generally search for [agency name] + decision

● Example:o http://www.nlrb.gov/cases-decisions

● Presidential Executive Orders- http://www.whitehouse.gov/briefing-room/presidential-actions/executive-orders

Montana Agency Decisions

● MT Department of Labor and Industryo Human Rights Bureau Decisions-

http://erd.dli.mt.gov/human-rights/decisionso Wage and Hour Decisions

http://dli.mt.gov/hearings/decisions#k=Wage %26 Hour

● Governor’s Executive Orders- http://governor.mt.gov/Home/Governor/eo.aspx

AG Opinions

● MT Attorney General Opinions have the force of lawo Since 1993 https://dojmt.gov/?s=opinionso Prior to 1993

http://www.mtcounties.org/resources/attorney-general-opinions-letters-advice/attorney-generals-opinions-letters-advice

Labor Market Information

● Federal:o Bureau of Labor Statisticso American Fact Finder (Census Bureau)

▪ EEO File▪ Census of Governments▪ Employment by Census Unit

o Wage Determinations under SCA and Davis Bacon http://www.wdol.gov/dba.aspx

Montana Labor Market Resources

● Montanao MT Reseach and Analysis

http://www.ourfactsyour future.org▪ Employment and Unemployment▪ County Reports▪ Informational Wage Rates

Other Useful Resources

● Occupational Network Provides detailed job description information, occupational outlooks and wageso http://www.onetonline.org

● DLI employer Information http://dli.mt.gov/employers ● Personnel Plus’ HR Professionals

http://www.personnel-plus.net/subscribe.htmlo Archives http://www.personnel-plus.net/archives.html

Other Useful Information

● Guide to Montana's Discrimination Laws http://erd.dli.mt.gov/human-rights/human-rights-laws

● Employment Discrimination is Against the Law http://erd.dli.mt.gov/human-rights/human-rights-laws/employment-discrimination

● Rights of Persons with Disabilities http://erd.dli.mt.gov/human-rights/human-rights-laws/rights-of-persons-with-disabilities

Sex Discrimination and Sexual Harassmenthttp://erd.dli.mt.gov/human-rights/human-rights-laws/sex-and-pregnancy-discriminationLegal Rights of Pregnant Employeeshttp://erd.dli.mt.gov/human-rights/human-rights-laws/sex-and-pregnancy-discrimination/legal-rights-of-pregnant-employees Human Rights Web-Based Traininghttp://erd.dli.mt.gov/human-rights/resources-and-education

Useful Links

● Sex Discrimination and Sexual Harassment http://erd.dli.mt.gov/human-rights/human-rights-laws/sex-and-pregnancy-discrimination

● Legal Rights of Pregnant Employees http://erd.dli.mt.gov/human-rights/human-rights-laws/sex-and-pregnancy-discrimination/legal-rights-of-pregnant-employees

● Human Rights Web-Based Training http://erd.dli.mt.gov/human-rights/resources-and-education

Posters

● Federal Poster Page-o Which Posters Do I need?

http://www.dol.gov/elaws/posters.htmo Print federal posters-

http://www.dol.gov/whd/resources/posters.htmo Print federal and state posters

http://wsd.dli.mt.gov/service/posters.asp

Wrapup

● Questions?