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 labor laws require employers to pay employees overtime at a rate of 1½ time their regular rate when they work more than 40 hours in a work week, unless otherwise exempt. 24.16.1008, ARM (Administrative Rules of Montana) Rest Breaks. The COVID-19 emergency is now impacting the work and personal lives of Montanans throughout our state. The Montana Department Of Labor & Industry provides a number of mandatory and optional labor law posters for all Montana businesses with employees to prominently post in the workplace. The rest period—according to Montana labor laws … 2000, et seq. Child Labor Standards Act (Title 41, Chapter 2). ), Reciprocal Agreement for Collection of Wages Act. 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). ), Fair Labor Standards Act (29 USC Sec. Employment of persons under eighteen as bartenders prohibited (39-2-306). The Department may investigate and enforce the payment of wages through administrative actions, hearings and Court enforcement. The Montana Labor and Employment Law Division is responsible for enforcing many of the laws associated with Montana employee rights. Smoking in Public Places - Montana Clean Indoor Air Act (Title 50, Chapter 40), Veteran's Public Employment Preference (Title 39, Chapter 29). Montana's Little Davis Bacon Act (standard prevailing wage) (18-2-401 to 18-2-432.) Minor Working Hour Restrictions in Montana Minors who are authorized to work in Montana are … 1324a, 1324b), Job Training Partnership Act - Job Training Programs (29 USC Sec. In Montana, the Human Rights Bureau of the Montana Department of Labor and Industry’s Employment Relations Division enforces the state’s laws prohibiting discrimination. 4. GENERAL LAWS AND DEFINITIONS Title 2, Chapter 18, Part 6 (Public Employee Benefit Section), Title 39 (Labor, Minimum Wage, Overtime & Wage Payment Act). Employers must also provide equal pay and protect whistleblowers. Equal pay for women for equivalent service (39-3-104). *ALL EMPLOYERS, REGARDLESS OF NUMBER OF EMPLOYEES, ARE COVERED UNDER THE MONTANA STATE LAWS. Employee and Community Hazardous Chemical Information Act (Title 50, Chapter 78). 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. Employment of aliens not lawfully authorized to accept employment prohibited (39-2-305). The U.S. Department of Labor (USDOL) has issued a nationwide fraud notice warning that criminals are sending … 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. The Department may investigate and enforce the payment of wages through administrative actions, … Phone Call: (406) 444-6543 Telephone Relay Service: 711 Mail P.O. Under Montana law, age certification for minors is carried out by the Montana Department of Labor. ), Worker Adjustment and Retraining Act Plant Closure Law (29 USC Sec. Return to Top of Page Once a workweek has been established, it must generally remain fixed. 1001, et seq. ), Portal to Portal Act (29 USC Sec. MT Dept. Montana Posting Requirements. United States Codes Opens in new window 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, … 301, et seq. 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 … ), Payment of Wages. The claims can be for such items as minimum wage, overtime, vacation pay, commissions, earned bonuses, etc. To read the State Laws click here on the Montana Codes Opens in new window then click on the title number. Women in Employment (Title 39, Chapter 7) State training and child care programs. Montana Vacations federal, national and state compliance resources - regulations, laws, and state-specific analysis for employers and HR professionals Montana Vacations: What you need to know In most states, including Montana… Discrimination prohibited for lawful product use during non-working hours - exceptions (39-2-313). Unemployment Insurance Fraud and Identity Theft. Construction Contractor Registration (Title 39, Chapter 9). United States Codes Opens in new window Need info about Montana's employment and labor laws? ), Montana's Little Davis Bacon Act (standard prevailing wage) (18-2-401 to 18-2-432. Box 1728 Helena MT 59624-1728 or 1. 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). Federal Laws, 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, All Insurers & Medical Providers Services, 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 Insurers, Insurers - 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, Federal Laws Regarding Montana Public Employers, Contact the Department of Labor and Industry, Clinical Laboratory Science Practitioners, Elevator Contractors, Mechanics, and Inspectors Licensing Program, Private Alternative Adolescent Residential or Outdoor Programs, Provider Orders for Life Sustaining Treatment, Speech-Language Pathologists and Audiologists, Worker Adjustment and Retraining Act Plant Closure Act, Age Discrimination in Employment Act (ADEA) (29 USC Sec. ), Davis-Bacon Act (40 USC Sec. (39-3-401 to 39-3-409. ), Unemployment Tax Act (26 USC Sec. (You need to schedule a phone … Unlawful for employer to require employee to pay cost of medical examination as condition of employment (39-2-301). ), Civil Rights Acts - (42 USC Sec. Exemptions. Montana law does not require private employers to provide employees with either paid or unpaid holiday leave. In Montana, there requirements relating to the minimum wage, overtime and child labor. ), Employee Retirement Income Security Act (ERISA) (29 USC Sec. 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. Federal Laws, Montana Codes Opens in new window An employer may also establish different workweeks for different groups of employees. (39-3-301 to 39-3-306.). See EEO, Diversity and Employee Relations. Regulation of blood and urine testing (Title 39, Chapter 2, part 2). Child labor laws in Montana are administered by the Employment Relations Division (ERD) of the Montana Department of Labor. While some states follow the state laws, others adopt federal laws or both. Lie detector tests prohibited (39-2-304). Montana law prohibits an employer from discriminating and retaliating against employees in a variety of protected classes. These laws parallel, but do not supersede the federal child labor laws. 201, et seq. These posters are meant to educate employees on a variety of labor law topics topics such as the minimum wage, occupational health & safety, and other important labor laws. ), Occupational Safety and Health Act (OSHA) (29 USC Sec. The Compliance and Investigations Bureau enforces provisions of the Montana Wage Payment Act, minimum wage and overtime law, Public Contracts / Prevailing Wage Law and the State Child Labor Standards Act. As part of its function the bureau processes claims from employees who did not receive wages in a timely fashion or pursuant to their employment contract. 621, et seq. Montana labor law In the U.S., labor law covers all facets of the legal relationship between an employer, employee and the labor union. 351, et seq.) 3301-3311), Veterans' Reemployment Rights (38 USC Sec. 141, et seq. Montana Child Labor Laws. 653a), Arbitration for Firefighters (Title 39, Chapter 34), Collective bargaining for nurses (Title 39, Chapter 32), General limitations on collective bargaining rights (Title 39, Chapter 33). Despite Montana… When purchasing from this page, you will receive our Federal Labor Law … 276a, et seq. Montana Code Annotated 2019 Table of Contents. Updated on September 15, 2020. Deception as to character of employment, conditions of work, or existence of labor dispute prohibited (39-2-303). ), National Labor Relations Act (29 USC Sec. Montana State Legislature State Capitol PO Box 201706 Helena, MT 59620-1706 For example, the Montana Labor and Employment Law Division is responsible for enforcing the Payment of Wage Act to ensure that employees of Montana … montana code annotated 2019. title 39. labor chapter 1. department of labor and industry; chapter 2. the employment relationship; chapter 3. wages and wage protection; chapter 4. hours of labor in certain … - Extends Davis Bacon Act to service contracts, Social Security Act (42 USC Sec. 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 … See Wage and Hour. 49, et seq. The Montana Minimum Wage Law applies to all workers in Montana. ), State Directory of New Hires (42 USC Sec. Montana permits preemployment credit checks and limits drug and alcohol testing. 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. You can then have it search for the section number. The following are links to Attorney General Opinions in relations to wage payment issues. Information on wage and hour laws and other functions of the unit can be obtained by calling 406-444-6543. Employment Law Handbook has free detailed information for all categories. Resource Guide for Montana Employers and Employees. Box 8011 Helena, MT 59604-8011; Subscribe to Our Mailing List 251, et seq.) The Department may enforce Montana's wage payment laws through reciprocal enforcement in agreements with other states. 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 … To read the Federal Laws click here on the United States Codes Opens in new window and enter the title number and section number in the search engine. ), Immigration and Reform Control Act (8 USC Sec. Montana … Wrongful Discharge from Employment (39-2-901 to 39-2-915). 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. ), Wagner-Peyser Act (Federal Employment Service) (29 USC Sec. 151, et seq. 2601, et seq. 1501, et seq. 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. According to Montana labor laws breaks, workers must be allowed a paid rest period—from their employer—of at least 10 minutes for each 4-hour shift worked. ), Federal Bankruptcy Code (Wages due within 90 days of filing are priority claim) (11 USC Sec. Wage and Hour Laws The Compliance and Investigations Bureau enforces provisions of the Montana Wage Payment Act, minimum wage and overtime law, Public Contracts / Prevailing Wage Law and the State Child Labor … There is not a federal or Montana state law that requires an employer furnish a rest break (coffee break); however, if provided the time spent on the break is work time. Indian Employment Preference (2-18-111) for state agencies on reservation. 2101, et seq. The federal law is similar to the Montana law but is more restrictive in certain areas. Federal Laws Regarding Montana Public Employers, Federal Laws Regarding Montana Public Employers 651, et seq. ), Family Medical Leave Act (29 USC Sec. of Labor and Industry FAQ In Montana, a private employer can require an employee to … 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. of Labor: … The Montana Department of Labor & … Labor Law Posters. Click to read more. A workweek does not need to coincide with the standard calendar week and may begin on any given day and hour of the day. 1001, et seq. 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. ), Labor Management Relations Act (29 USC Sec. 2021, [4321] et seq. Human Rights (Title 49, Chapters 1 to 4). This list contains the Federal Laws relating to Employment, the Federal Laws Regarding Montana Public Employers , and the State Laws Related to Employment. If your work involves manual labor … General Information on the Department of Labor call 406/444-2840 ; fax 406/444-1419 ; TTY 406/444-0532; write to P.O. Employee leasing firms and similar suppliers of labor must be licensed in order to do business. Professional Employer Organization Licensing (Title 39, Chapter 8). - Adds to Fair Labor Standards Act, Service Contract Act (41 USC Sec. Payment of Wages. 3. Blacklisting and Protection of Discharged Employees (39-2-801 to 39-2-804). In the U.S., the Department of Labor administers and enforces the deferral employment laws. The Department enforces the payment of minimum wage and overtime compensation. Work permits are not required for minors of any age, although a certificate of … 12181, et seq. ), Americans with Disabilities Act (42 USC Sec. 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