Montana Administrative Code

24.16.2556 ALTERNATING WORKWEEKS OF DIFFERENT FIXED LENGTHS (REPEALED) (REPEALED) Authorizing statute(s): 39-3-403, MCA Implementing statute(s): 39-3-405, MCA History: Eff. 12/31/72; REP, 2024 MAR p. 474, Eff. 3/9/24.

24.16.2557 PRIZES AS BONUSES (REPEALED) (REPEALED) Authorizing statute(s): 39-3-403, MCA Implementing statute(s): 39-3-405, MCA History: Eff. 12/31/72; REP, 2024 MAR p. 474, Eff. 3/9/24.

24.16.2571 DEVICES TO EVADE THE OVERTIME REQUIREMENTS (REPEALED) (REPEALED) Authorizing statute(s): 39-3-403, MCA Implementing statute(s): 39-3-405, MCA History: Eff. 12/31/72; REP, 2024 MAR p. 474, Eff. 3/9/24.

24.16.2581 VETERANS SUBSISTENCE ALLOWANCES (REPEALED) (REPEALED) Authorizing statute(s): 39-3-403, MCA Implementing statute(s): 39-3-404, 39-3-405, MCA History: Eff. 12/31/72; REP, 2024 MAR p. 474, Eff. 3/9/24.

24.16.3001 DEFINITIONS "Administrator" means the administrator of the EmploymentStandards Division, Montana Department of Labor and Industry. The commissioner of Labor and Industry has delegated to the administrator the functions vested in the commissioner. "Amusement or recreati…

24.16.3004 STATUS OF CERTAIN PERSONAL ASSISTANTS For the purposes of wage and hour laws, a person with a disability receiving services of a personal assistant or an immediately involved representative of the disabled person, such as a parent or guardian, is not the employer of th…

24.16.3007 EXECUTIVE, ADMINISTRATIVE, AND PROFESSIONAL EMPLOYEES - GENERAL POLICY GUIDANCE To ease disparity between state and federal requirements, and make it easier for employers and employees to understand the wage and hour provisions applicable to bona-fide executive, admini…

24.16.3010 HOURS WORKED - GENERAL POLICY GUIDANCE To ease disparity between state and federal requirements and clarify the practices and policies that may guide the department's administration and enforcement of Montana wage and hour law, the department adopts and incorporates by…

24.16.3013 WAGE PAYMENTS - GENERAL POLICY GUIDANCE To ease disparity between state and federal requirements and clarify the practices and policies that may guide the department's administration and enforcement of Montana wage and hour law, the department adopts and incorporates b…

24.16.3016 OVERTIME COMPENSATION - GENERAL POLICY GUIDANCE To ease disparity between state and federal requirements and clarify the practices and policies that may guide the department's administration and enforcement of Montana wage and hour law, the department adopts and incorp…

24.16.3019 EMPLOYER RECORD KEEPING - GENERAL POLICY GUIDANCE To ease disparity between state and federal requirements and clarify the practices and policies that may guide the department's administration and enforcement of Montana wage and hour law, the department adopts and inco…

24.16.3022 TIPS OR SERVICE CHARGES A tip is a sum presented by a customer as a gift or gratuity in recognition of some service performed. It is to be distinguished from payment of a charge, if any, made for the service. Whether a tip is to be given, and its amount, are matters de…

24.16.3025 JOINT EMPLOYMENT A single individual may stand in the relation of an employee to two or more employers at the same time under the Montana Minimum Wage and Overtime Compensation Act, since there is nothing in the law which prevents an individual employed by one employer…

24.16.4001 DEFINITIONS As used in this subchapter, the following definitions apply, unless the context of the rule clearly indicates otherwise: "Adverse decision" means a decision by the department that is not favorable to the party requesting review. "Claim" or "complaint" means…

24.16.4004 TIME PERIODS – SUBMITTING DOCUMENTS TO THE DEPARTMENT Time periods for acts required by these rules will exclude the first day and include the last day, unless the last day falls on a Saturday, Sunday, or legal holiday.In that event, the period runs until the end of th…

24.16.4007 WAGE COMPLAINTS AND INVESTIGATIONS The department will review complaints, claims, or other information received to enforce Montana's wage laws. The department may conduct investigations without filed complaints, including spot-check inspections of payroll and personnel…

24.16.4010 DETERMINATIONS Following the expiration of an employer's response time, the department will issue a determination of the wages and penalty owed, if any. The determination will incorporate any decision of the department's independent contractor central unit regarding th…

24.16.4013 REQUEST FOR RELIEF IF NOTICE NOT RECEIVED A party alleging untimely or non-receipt of notice of a claim, determination, or hearing has the burden of proving the party should be granted relief.The party seeking relief must present a preponderance of evidence to rebut th…

24.16.4016 RESPONSES The department will notify all involved parties of a wage claim or complaint. Employers must respond and provide any requested information by the date specified in the notice. If requested prior to the response deadline, the department may grant additional re…

24.16.4019 REDETERMINATIONS A party receiving an adverse decision may request a redetermination. Redeterminations are limited to issues other than employment status. Parties disagreeing with an employment status decision must raise the issue in the request for redetermination to …

24.16.4022 HEARING REQUESTS A party receiving an adverse decision may request a contested case hearing within 15 days from the date the decision or redetermination is sent. Hearing requests must include the names and contact information for the requesting and opposing parties. Fo…

24.16.4025 MEDIATION Mediations are conducted in accordance with the provisions of 26-1-813, MCA. The department shall appoint a mediator and notify the parties of the appointment. The mediator shall contact the parties to establish the mediation procedures and set a time for the…

24.16.501 WORKWEEK (REPEALED) (REPEALED) Authorizing statute(s): 39-3-403, MCA Implementing statute(s): 39-3-405, MCA History: Eff. 12/31/72; REP, 2024 MAR p. 474, Eff. 3/9/24.

24.16.502 COVERAGE NOT DEPENDENT ON METHOD OF COMPENSATION (REPEALED) (REPEALED) Authorizing statute(s): 39-3-403, MCA Implementing statute(s): 39-3-404, MCA History: Eff. 12/31/72; REP, 2024 MAR p. 474, Eff. 3/9/24.

24.16.503 COVERAGE NOT DEPENDENT ON PLACE OF WORK (REPEALED) (REPEALED) Authorizing statute(s): 39-3-403, MCA Implementing statute(s): 39-3-404, MCA History: Eff. 12/31/72; REP, 2024 MAR p. 474, Eff. 3/9/24.

24.16.5101 PAYMENT OF BACK WAGES (IS HEREBY REPEALED) Authorizing statute(s): 39-3-403 MCA Implementing statute(s): 39-3-201 et seq. MCA History: Eff. 12/31/72; AMD, 1980 MAR p. 1602, Eff. 6/13/80; REP, 1996 MAR p. 1668, Eff. 7/1/96.

24.16.5501 SCOPE OF REGULATIONS (REPEALED) (REPEALED) Authorizing statute(s): 39-3-403, MCA Implementing statute(s): 39-3-404, 39-3-405, MCA History: Eff. 12/31/72; REP, 2024 MAR p. 474, Eff. 3/9/24.

24.16.6101 FORM OF RECORDS (REPEALED) (REPEALED) Authorizing statute(s): 39-3-403, MCA Implementing statute(s): 39-3-404, 39-3-405, MCA History: Eff. 12/31/72; REP, 2024 MAR p. 474, Eff. 3/9/24.

24.16.6102 GENERAL REQUIREMENTS (REPEALED) (REPEALED) Authorizing statute(s): 39-3-403, MCA Implementing statute(s): 39-3-404, 39-3-405, MCA History: Eff. 12/31/72; REP, 2024 MAR p. 474, Eff. 3/9/24.

24.16.6501 SEASONAL AMUSEMENT OR RECREATIONAL (REPEALED) Authorizing statute(s): 39-3-403, MCA Implementing statute(s): 39-3-404, 39-3-405, 39-3-406, MCA History: Eff. 12/31/72; REP, 2018 MAR p. 439, Eff. 2/24/18.

24.16.6701 EMPLOYMENT OF STUDENT-LEARNERS (REPEALED) Authorizing statute(s): 39-3-403, MCA Implementing statute(s): 39-3-406, MCA History: Eff. 12/31/72; REP, 2018 MAR p. 439, Eff. 2/24/18.

24.16.6901 REQUIREMENTS OF A "BONA FIDE THRIFT OR SAVINGS PLAN" (REPEALED) (REPEALED) Authorizing statute(s): 39-3-403, MCA Implementing statute(s): 39-3-402, MCA History: Eff. 12/31/72; REP, 2024 MAR p. 474, Eff. 3/9/24.

24.16.701 DEFINITIONS "Handicapped workers" means an individual whose earning is impaired by age or physical or mental deficiency or injury for the work he is to perform. "Handicapped trainee" or "trainee" means an individual whose earning capacity is impaired by age or physical …

24.16.702 APPLICATION FOR CERTIFICATE Applications for employment under special certificate of handicapped workers at wages lower than the minimum wage applicable under section 39-3-406 (f) MCA of the act must be approved by the Department of Social and Rehabilitative Services; I…

24.16.7501 PROCEDURE FOR FILING CLAIMS (IS HEREBY REPEALED) Authorizing statute(s): 39-3-202 and 39-3-403, MCA Implementing statute(s): 39-3-211, MCA History: Eff. 12/31/72; REP, 1994 MAR p. 1152, Eff. 5/1/94.

24.16.7502 PROCESSING THE CLAIM (IS HEREBY REPEALED) Authorizing statute(s): 39-3-202 and 39-3-403, MCA Implementing statute(s): 39-3-211, MCA History: Eff. 12/31/72; REP, 1994 MAR p. 1152, Eff. 5/1/94.

24.16.7503 PURPOSE (REPEALED) Authorizing statute(s): 39-3-202, 39-3-403, MCA Implementing statute(s): 39-3-202, 39-3-403, MCA History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; REP, 2022 MAR p. 152, Eff. 1/29/22.

24.16.7506 DEFINITIONS As used in this subchapter, the following definitions apply, unless the context of the rule clearly indicates otherwise: "Adverse decision" means a decision by the department that is not favorable to the party requesting review. "Claim" or "complaint" means…

24.16.7511 ACCRUAL OF CLAIMS UPON SEPARATION FROM EMPLOYMENT Claims accrue in the manner specified by 39-3-205 , MCA. For the purpose of construing 39-3-205 , MCA, any reason that an employer gives when firing an employee constitutes firing the employee "for cause." For the purpo…

24.16.7514 COMPUTATION OF TIME PERIODS (REPEALED) Authorizing statute(s): 39-3-202, 39-3-403, MCA Implementing statute(s): 39-3-202, 39-3-403, MCA History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2018 MAR p. 439, Eff. 2/24/18; REP, 2022 MAR p. 152, Eff. 1/29/22.

24.16.7517 ELECTRONIC FILINGS (REPEALED) Authorizing statute(s): 39-3-202, 39-3-403, MCA Implementing statute(s): 39-3-202, 39-3-211, 39-3-403, 39-3-407, MCA History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2018 MAR p. 439, Eff. 2/24/18; REP, 2022 MAR p. 152, Eff. 1/29/22.

24.16.7519 WAGE COMPLAINTS AND INVESTIGATIONS (REPEALED) Authorizing statute(s): 39-3-202, 39-3-403, MCA Implementing statute(s): 39-3-209, 39-3-210, MCA History: NEW, 1996 MAR p. 1668, Eff. 7/1/96; REP, 2022 MAR p. 152, Eff. 1/29/22.

24.16.7520 PROCEDURE FOR ISSUING WAGE CLAIM DETERMINATIONS REGARDING EMPLOYMENT STATUS OF INDEPENDENT CONTRACTOR (REPEALED) (REPEALED) Authorizing statute(s): 39-3-202, 39-3-403, 39-71-417, MCA Implementing statute(s): 39-3-201, 39-3-402, 39-71-417, MCA History: NEW, 1996 MAR p. …

24.16.7521 FILING A CLAIM (REPEALED) Authorizing statute(s): 39-3-202, 39-3-403, MCA Implementing statute(s): 39-3-211, 39-3-407, MCA History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 2018 MAR p. 439, Eff. 2/24/18; REP, 2022 MAR p. 152, Eff. 1/29/22.

24.16.7524 EMPLOYEE'S FAILURE TO PROVIDE INFORMATION (REPEALED) Authorizing statute(s): 39-3-202, 39-3-403 MCA Implementing statute(s): 39-3-210 MCA History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; REP, 2022 MAR p. 152, Eff. 1/29/22.

24.16.7527 EMPLOYER RESPONSE TO CLAIM (REPEALED) Authorizing statute(s): 39-3-202, 39-3-403, MCA Implementing statute(s): 39-3-209, 39-3-210, 39-3-407, MCA History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 1996 MAR p. 1668, Eff. 7/1/96; AMD, 2010 MAR p. 1608, Eff. 7/16/10; AMD, 2…

24.16.7531 DETERMINATION (REPEALED) Authorizing statute(s): 39-3-202, 39-3-403 MCA Implementing statute(s): 39-3-209, 39-3-210 MCA History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 1996 MAR p. 1668, Eff. 7/1/96; REP, 2022 MAR p. 152, Eff. 1/29/22.

24.16.7534 REQUEST FOR REDETERMINATION (REPEALED) Authorizing statute(s): 39-3-202, 39-3-403, MCA Implementing statute(s): 39-3-209, MCA History: NEW, 1994 MAR p. 1152, Eff. 5/1/94; AMD, 1996 MAR p. 1668, Eff. 7/1/96; REP, 2022 MAR p. 152, Eff. 1/29/22.

24.16.7535 PAYMENT OF WAGES AND PENALTIES Upon a determinationthat wages and/or penaltiesare due, the departmentwill advise the employer regarding the method of payment andrequire the payment: in either the department's or the claimant's name; and by money order, certified check,…

24.16.7536 MEDIATION PROCEDURES (REPEALED) Authorizing statute(s): 39-3-202, MCA Implementing statute(s): 2-4-603, 39-3-216, MCA History: NEW, 2003 MAR p. 2433, Eff. 10/31/03; REP, 2022 MAR p. 152, Eff. 1/29/22.