Exemptions. The U.S. Department of Labor (USDOL) has issued a nationwide fraud notice warning that criminals are sending … Employment of persons under eighteen as bartenders prohibited (39-2-306). ), Labor Management Relations Act (29 USC Sec. Professional Employer Organization Licensing (Title 39, Chapter 8). 301, et seq. (39-3-201 to 39-3-217. 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. Federal Laws Regarding Montana Public Employers, Federal Laws Regarding Montana Public Employers These laws parallel, but do not supersede the federal child labor laws. ), Montana's Little Davis Bacon Act (standard prevailing wage) (18-2-401 to 18-2-432. 24.16.1006, ARM (Administrative Rules of Montana… An employer may also establish different workweeks for different groups of employees. See Wage and Hour. Wrongful Discharge from Employment (39-2-901 to 39-2-915). Construction Contractor Registration (Title 39, Chapter 9). MT Dept. 1324a, 1324b), Job Training Partnership Act - Job Training Programs (29 USC Sec. Despite Montana… 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 … 2101, et seq. 4. Title 2, Chapter 18, Part 6 (Public Employee Benefit Section), Title 39 (Labor, Minimum Wage, Overtime & Wage Payment Act). Resource Guide for Montana Employers and Employees. 151, et seq. When purchasing from this page, you will receive our Federal Labor Law … 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 … 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 … 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.. 3301-3311), Veterans' Reemployment Rights (38 USC Sec. *ALL EMPLOYERS, REGARDLESS OF NUMBER OF EMPLOYEES, ARE COVERED UNDER THE MONTANA STATE LAWS. See EEO, Diversity and Employee Relations. Women in Employment (Title 39, Chapter 7) State training and child care programs. ), Reciprocal Agreement for Collection of Wages Act. Montana … 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. Smoking in Public Places - Montana Clean Indoor Air Act (Title 50, Chapter 40), Veteran's Public Employment Preference (Title 39, Chapter 29). A workweek does not need to coincide with the standard calendar week and may begin on any given day and hour of the day. THE CONSTITUTION OF THE STATE OF MONTANA; TITLE 1. The Department enforces the payment of minimum wage and overtime compensation. of Labor and Industry FAQ In Montana, a private employer can require an employee to … Unemployment Insurance Fraud and Identity Theft. 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). Additionally, MT overtime laws … 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). Montana Posting Requirements. 201, et seq. The Montana Department of Labor & … Need info about Montana's employment and labor laws? 351, et seq.) ), Immigration and Reform Control Act (8 USC Sec. Employers must also provide equal pay and protect whistleblowers. ), Americans with Disabilities Act (42 USC Sec. You can then have it search for the section number. 651, et seq. Box 1728 Helena MT 59624-1728 or ), Fair Labor Standards Act (29 USC Sec. 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. (39-3-301 to 39-3-306.). The Montana Minimum Wage Law applies to all workers in Montana. 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). While some states follow the state laws, others adopt federal laws or both. ), Portal to Portal Act (29 USC Sec. In Montana, there requirements relating to the minimum wage, overtime and child labor. 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. 2000, et seq. Labor Law Posters. (39-3-401 to 39-3-409. 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. Child Labor Standards Act (Title 41, Chapter 2). 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, … Federal Laws, Montana Codes Opens in new window ), Davis-Bacon Act (40 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. Return to Top of Page ), Payment of Wages. MT Dept. 2. 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. Employee and Community Hazardous Chemical Information Act (Title 50, Chapter 78). Montana permits preemployment credit checks and limits drug and alcohol testing. Indian Employment Preference (2-18-111) for state agencies on reservation. Employment of aliens not lawfully authorized to accept employment prohibited (39-2-305). Montana law does not require private employers to provide employees with either paid or unpaid holiday leave. 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. 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. GENERAL LAWS AND DEFINITIONS General Information on the Department of Labor call 406/444-2840 ; fax 406/444-1419 ; TTY 406/444-0532; write to P.O. Work permits are not required for minors of any age, although a certificate of … Phone Call: (406) 444-6543 Telephone Relay Service: 711 Mail P.O. Human Rights (Title 49, Chapters 1 to 4). ), Unemployment Tax Act (26 USC Sec. Employment Law Handbook has free detailed information for all categories. 251, et seq.) Box 8011 Helena, MT 59604-8011; Subscribe to Our Mailing List 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. Click to read more. Minor Working Hour Restrictions in Montana Minors who are authorized to work in Montana are … 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. 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. ), Family Medical Leave Act (29 USC Sec. Discrimination prohibited for lawful product use during non-working hours - exceptions (39-2-313). Equal pay for women for equivalent service (39-3-104). (You need to schedule a phone … 621, et seq. This list contains the Federal Laws relating to Employment, the Federal Laws Regarding Montana Public Employers , and the State Laws Related to Employment. 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 … 49, et seq. The Department may enforce Montana's wage payment laws through reciprocal enforcement in agreements with other states. Montana State Legislature State Capitol PO Box 201706 Helena, MT 59620-1706 ), Worker Adjustment and Retraining Act Plant Closure Law (29 USC Sec. 12181, et seq. 2021, [4321] 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. Montana law prohibits an employer from discriminating and retaliating against employees in a variety of protected classes. ), Federal Bankruptcy Code (Wages due within 90 days of filing are priority claim) (11 USC Sec. of Labor: … United States Codes Opens in new window If your work involves manual labor … 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 Labor and Employment Law Division is responsible for enforcing many of the laws associated with Montana employee rights. Montana's Little Davis Bacon Act (standard prevailing wage) (18-2-401 to 18-2-432.) The claims can be for such items as minimum wage, overtime, vacation pay, commissions, earned bonuses, etc. United States Codes Opens in new window To read the State Laws click here on the Montana Codes Opens in new window then click on the title number. 1. See Recruiting and Hiring. The following are links to Attorney General Opinions in relations to wage payment issues. 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 Department of Labor and Industry. 3. The federal law is similar to the Montana law but is more restrictive in certain areas. Payment of Wages. ), National Labor Relations Act (29 USC Sec. The Department may investigate and enforce the payment of wages through administrative actions, hearings and Court enforcement. 1001, et seq. Unlawful for employer to require employee to pay cost of medical examination as condition of employment (39-2-301). 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. Lie detector tests prohibited (39-2-304). 2601, et seq. ), Civil Rights Acts - (42 USC Sec. 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. Child labor laws in Montana are administered by the Employment Relations Division (ERD) of the Montana Department of Labor. 1501, et seq. In the U.S., the Department of Labor administers and enforces the deferral employment laws. ), Wagner-Peyser Act (Federal Employment Service) (29 USC Sec. ), Employee Retirement Income Security Act (ERISA) (29 USC Sec. 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… Blacklisting and Protection of Discharged Employees (39-2-801 to 39-2-804). 1001, et seq. Once a workweek has been established, it must generally remain fixed. Montana Code Annotated 2019 Table of Contents. 276a, et seq. 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 … In new window then click on the Title number 9 ) employment laws of filing are priority ). 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