), Reciprocal Agreement for Collection of Wages Act. (39-3-301 to 39-3-306.). Employers must also provide equal pay and protect whistleblowers. Equal pay for women for equivalent service (39-3-104). Under Montana law, age certification for minors is carried out by the Montana Department of Labor. Blacklisting and Protection of Discharged Employees (39-2-801 to 39-2-804). Despite Montana… Closure or Layoff at Government Facility (39-2-1001 to 30-2-1003), Collective Bargaining for Public Employees (Title 39, Chapter 31), Government Code of Fair Practices (Title 49, Chapter 3), Handicapped Person's Public Employment Preference (Title 39, Chapter 30). ), Unemployment Tax Act (26 USC Sec. Federal Laws Regarding Montana Public Employers, Federal Laws Regarding Montana Public Employers An employer may also establish different workweeks for different groups of employees. See Wage and Hour. *ALL EMPLOYERS, REGARDLESS OF NUMBER OF EMPLOYEES, ARE COVERED UNDER THE MONTANA STATE LAWS. 201, et seq. Work permits are not required for minors of any age, although a certificate of … Prohibits employment discrimination based on race, color, national origin, religion, sex, age, physical and mental disability, marital status, and (for public employers only) political beliefs or ideas; includes hiring, firing, and all terms and conditions of employment; requires reasonable maternity leave; prohibits sexual harassment. Resource Guide for Montana Employers and Employees. Montana Department of Labor & Industry is committed to the economic health of state and local business communities by providing easy access to posters that federal law requires be … The Department enforces the payment of minimum wage and overtime compensation. While some states follow the state laws, others adopt federal laws or both. 2601, et seq. Montana Code Annotated 2019 Table of Contents. Note: While Montana does not require its employers to post any state-specific labor law notices they do require employers to post all mandatory federal notices.You can find these listed under Federal Posting Requirements.. Montana does not have a law specifically addressing the payment of wages to an employee who leaves employment due to a labor dispute, however, to ensure compliance with known laws, an employer should pay employee all wages due by the next regular payday or within 15 days, whichever occurs first. 1501, et seq. ), Payment of Wages. Need info about Montana's employment and labor laws? Montana Department of Labor and Industry. Although all individuals under the age of 18 are minors in the eyes of the law, 16 and 17 year olds who have graduated high school, earned a GED, or are enrolled in a state or federal apprenticeship program are exempt from following child labor laws. The Montana Minimum Wage Law applies to all workers in Montana. General Information on the Department of Labor call 406/444-2840 ; fax 406/444-1419 ; TTY 406/444-0532; write to P.O. ), Labor Management Relations Act (29 USC Sec. Montana State Legislature State Capitol PO Box 201706 Helena, MT 59620-1706 The Fair Labor Standards Act (FLSA) automatically qualifies certain types of workers who meet overtime pay requirements to receive overtime for all hours worked over 40 in a single week (or daily overtime limits set by Montana overtime laws). Occupational Disease Act of Montana (Title 39, Chapter 72), Silicosis Benefits (Title 39, Chapter 73), Unemployment Insurance (Title 39, Chapter 51), Workers' Compensation (Title 39, Chapter 71), Boilers and Steam Engines (Title 50, Chapter 74), Construction Blasting (Title 37, Chapter 72), Occupational Safety (Title 50, Chapter 71), Safety Culture Act (39-71-1501 to 39-71-1508), Safety in Coal Mines (Title 50, Chapter 73), Safety in Mines Other Than Coal Mines (Title 50, Chapter 72), Minimum Wage and Overtime Compensation. The Montana Child Labor Standards Act of 1993 establishes the hours children may work and hazardous occupations in which they may not work - unless specifically exempted.The Montana Child Labor Laws apply to all children, migrant as well as resident children. ), Civil Rights Acts - (42 USC Sec. Information on wage and hour laws and other functions of the unit can be obtained by calling 406-444-6543. Smoking in Public Places - Montana Clean Indoor Air Act (Title 50, Chapter 40), Veteran's Public Employment Preference (Title 39, Chapter 29). THE CONSTITUTION OF THE STATE OF MONTANA; TITLE 1. Minor Working Hour Restrictions in Montana Minors who are authorized to work in Montana are … A workweek does not need to coincide with the standard calendar week and may begin on any given day and hour of the day. Montana … (You need to schedule a phone … The Department may investigate and enforce the payment of wages through administrative actions, … 1001, et seq. Discrimination prohibited for lawful product use during non-working hours - exceptions (39-2-313). 2000, et seq. In Montana, there requirements relating to the minimum wage, overtime and child labor. Exemptions. MT Dept. Human Rights (Title 49, Chapters 1 to 4). ), Worker Adjustment and Retraining Act Plant Closure Law (29 USC Sec. Lie detector tests prohibited (39-2-304). The bureau also provides assistance to the public by answering labor related phone inquiries and by providing presentations informing employers and employees of their rights and responsibilities under Montana law. Employment Law Handbook has free detailed information for all categories. Montana law does not require private employers to provide employees with either paid or unpaid holiday leave. 2101, et seq. 276a, et seq. The Montana Labor Laws, contained in the Montana Wage Payment Act, address many issues relating to the relationship between employer and employee, including the rules for the payment of wages, … 251, et seq.) These laws parallel, but do not supersede the federal child labor laws. Minors under the age of 16 may not work during school hours, except as provided for in Work Experience and Career Exploration Programs approved by the department or the … Montana overtime laws are based on the number of hours worked in a traditional seven-day work week; the number of hours worked in a single day does not factor into the overtime calculation. Montana Child Labor Laws. You can then have it search for the section number. The following are links to Attorney General Opinions in relations to wage payment issues. 3. ), Employee Retirement Income Security Act (ERISA) (29 USC Sec. The U.S. Department of Labor (USDOL) has issued a nationwide fraud notice warning that criminals are sending … Updated on September 15, 2020. Employment of aliens not lawfully authorized to accept employment prohibited (39-2-305). Montana Posting Requirements. ), Immigration and Reform Control Act (8 USC Sec. MT Dept. ), Occupational Safety and Health Act (OSHA) (29 USC Sec. Deception as to character of employment, conditions of work, or existence of labor dispute prohibited (39-2-303). Child labor laws in Montana are administered by the Employment Relations Division (ERD) of the Montana Department of Labor. 4. The COVID-19 emergency is now impacting the work and personal lives of Montanans throughout our state. Montana permits preemployment credit checks and limits drug and alcohol testing. The claims can be for such items as minimum wage, overtime, vacation pay, commissions, earned bonuses, etc. Return to Top of Page Once a workweek has been established, it must generally remain fixed. Employees covered by the Fair Labor Standards Act must be paid at least the federal minimum wage but in no case can they be paid less than the wage required by Montana law -- unless the law … Opinion 17, Volume 36 (addresses Improper Withholdings) (pdf), Opinion 25, Volume 11 (addresses Improper Withholdings) (pdf), Opinion 56, Volume 23 (addresses Vacation Pay) (pdf), Employer Support of the Guard and Reserve, Employer Legal Information Resource Guide, HIPAA and Release of Workers' Compensation Information, Search Montana's Certificate and Associate Degree Programs, Electronic Prior Claim (EPC) History System, Historic WC Medical Reimbursement Conversion Factors, Historical Fee Schedule Conversion Factors for 2003-2007, Workers' Compensation Claim Reporting by Insurer, Insurer - Third Party Administrators Reporting Forms, Filing a Wage Claim, Instructions and Form, Montana Military Service Employment Right Act (MMSERA), Introduction to the Montana Safety Culture Act, Montana Occupational Safety and Health Act, Clinical Laboratory Science Practitioners, Elevator Contractors, Mechanics, and Inspectors Licensing Program, Provider Orders for Life Sustaining Treatment, Speech-Language Pathologists and Audiologists. 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