Title 39, Title 39

(1) An employer may impose a tip pooling arrangement as provided in this section. (2) A tip pooling arrangement may include employees involved in providing customer service or food preparation, including but not limited to servers, hosts, bussers, dishwashers, cooks, or other emp…

This part may be cited as "The Reciprocal Agreement for Collection of Wages Act of 1977".

The purpose of this part is to provide for a method of reciprocal enforcement in other states of Montana's wage payment laws contained in part 2 of this chapter and to provide for reciprocal enforcement in Montana of similar wage payment laws of other states.

The department of labor and industry may enter into reciprocal agreements with the labor department or corresponding agency of another state or with the person, board, officer, or commission authorized to act for and on behalf of the department or agency for the collection in the…

The department of labor and industry may, to the extent provided by a reciprocal agreement entered into pursuant to 39-3-303 or by the laws of another state, maintain actions in the courts of another state for the collection of claims for wages, judgments, and other demands and m…

The department of labor and industry may, upon the written request of the labor department or other corresponding agency of another state or a person, board, officer, or commission of the other state authorized to act for and on behalf of the labor department or corresponding age…

Limitations regarding the amount of wages covered by a reciprocal agreement or the time during which the wages are accrued shall be the limitations imposed by the laws of the state originating the action.

It is declared to be the policy of this part to: (1) establish minimum wage and overtime compensation standards for workers at levels consistent with their health, efficiency, and general well-being; (2) safeguard existing minimum wage and overtime compensation standards which ar…

As used in this part, the following definitions apply: (1) "Commissioner" means the commissioner of labor and industry. (2) "Employ" means to suffer or permit to work. (3) "Employee" means an individual employed by an employer. (4) (a) "Farm or ranch" means an endeavor primarily …

The commissioner shall adopt and revise administrative rules to carry out the purposes of this part.

(1) Except as otherwise provided in this part and except for farm workers as provided in subsection (2), an employer shall pay to each employee a wage of not less than the applicable minimum wage as determined by the commissioner in accordance with 39-3-409. (2) In the case of a …

(1) An employer may not employ any employee for a workweek longer than 40 hours unless the employee receives compensation for employment in excess of 40 hours in a workweek at a rate of not less than 1 1/2 times the hourly wage rate at which the employee is employed. (2) An overt…

(1) The provisions of 39-3-404 and 39-3-405 do not apply with respect to: (a) students participating in a distributive education program established under the auspices of an accredited educational agency, including a work-based learning program operated in compliance with 20-7-15…

Enforcement of this part shall be treated as a wage claim action and shall be pursued in accordance with part 2 of this chapter, as amended. This part may also be enforced in accordance with part 5 of this chapter for the benefit of certain employees in the mineral and oil indust…

(1) The provisions of this part are in addition to other provisions provided by law for the payment and collection of wages and salaries and are applicable to employees of the state of Montana, except that the penalty provisions of 39-3-206 do not apply to minimum wage and overti…

(1) The minimum wage, except as provided in subsection (3), must be the greater of either: (a) the minimum hourly wage rate as provided under the federal Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)), excluding the value of tips received by the employee and the special p…

For the purposes of this part, all the provisions of part 2 of this chapter extend to and govern every person, firm, partnership, or corporation engaged in the business of extracting or of extracting and refining or reducing metals and minerals or mining for coal or drilling for …

(1) Every person, firm, or partnership coming within the provisions of this part shall, before commencing operations, file with the commissioner of labor and industry and also in the office of the county clerk and recorder of each county where such operations are to be carried on…

Whenever it appears from reliable information satisfactory to the commissioner of labor and industry that a person, firm, partnership, or corporation engaged in the business mentioned in 39-3-501 and not exempt from the effect of this part has failed to pay any wages or salaries …

Any employee may make complaint directly to the county attorney relative to any violation of this part or part 2 of this chapter.

The county attorney of the county shall promptly notify the commissioner of labor and industry of any complaint made by any employee relative to the violation of any of the provisions of this part or part 2 of this chapter and shall in writing keep the commissioner advised of eac…

If a county attorney believes after receiving information that the provisions of part 2 of this chapter or this part have been violated and that the violation was willful or that the financial condition of the employer endangers employees in receiving prompt payment or collection…

If the complaint described in 39-3-506 is filed by the county attorney upon the county attorney's own motion or at the request of the commissioner of labor and industry, the complaint must request that relief be had against the employer for greater security for the payment of sal…

(1) Upon the filing of the complaint described in 39-3-506, summons must issue and a copy of the complaint and a copy of the summons must be served upon the employer, who has 10 days after service to appear and defend the action. (2) All orders and other process provided for in t…

Upon the conclusion of the hearing upon the complaint described in 39-3-506, the judge of the district court may make findings and shall issue an order to the employer in default to pay within 5 days all wages and salaries found by the court to be due and unpaid or an order to ap…

Upon the hearing of such order, if the court shall determine that the default of said employer in the payment of wages and salaries was willful or that the financial condition of the employer is such as to endanger or delay or impede employees in collecting their wages and salari…

(1) The bond referred to in 39-3-510 may be that of a surety company licensed and authorized to do business within the state or of two owners of real estate located in the county and who can and do justify as sureties in the same manner as sureties justify on appeal bonds or bail…

(1) If the bond ordered by the district court is not executed and filed with the county treasurer within the time fixed by the court, the court may, if it considers the persons working for the employer to be insecure in the prompt payment or collection of their wages or salaries,…

The district court shall include in any order, judgment, or decree against the employer all costs of the proceeding, which must be taxed against the employer and paid to the clerk of the court to be deposited with the county treasurer to the credit of the general fund of the coun…

In event the employer fails for 30 days or more to pay the costs of the proceeding and/or fails to furnish the bond required by the court, the court may proceed against and punish said employer for contempt of court.

In the discretion of the court, it may order the clerk of the court to publish a brief notice or memorandum in a newspaper published in the county of the entry of the order against the employer requiring said employer to furnish said bond. Said publication shall be for 4 consecut…

If an employer against whom an order to furnish the bond described in this part feels aggrieved by any order or injunction of the district court, the employer is entitled, upon payment for the transcript of record, to have the employer's objections and exceptions reviewed and det…

A person whose wages or salary has remained unpaid for 15 days or more after due has a right to sue upon the bond described in this part for the recovery of the person's wages or salary.

In event any person whose wages or salary has remained unpaid for 15 days or more after due shall bring suit as in 39-3-517 provided, the court shall assess as costs against the unsuccessful party a reasonable attorney's fee.

(1) This part may not be considered as requiring any person, firm, partnership, or corporation to file a bond or bonds if the person or entity pays for all labor in full each day or if the labor has been performed upon a written building or construction contract to furnish materi…

The remedy herein provided for the greater security for the payment of wages and salaries and the collection thereof shall be in addition to any remedy now provided by law for the payment and collection of wages and salaries.

(1) It is unlawful for a person or persons, company, or corporation to operate or handle or to induce, persuade, or prevail upon any person or persons to operate or handle for more than 8 hours in 24 hours of each day any hoisting engine at or in any mine. (2) This section applie…

(1) Drivers or attendants of motor buses employed in the state may not be employed for more than 8 hours in any 24-hour period. Drivers or attendants of motor buses must be allowed a rest of at least 12 hours between the completion of their services in any 24-hour period and the …

(1) The period of employment of workers in all underground mines or workings, including railroad or other tunnels, may not exceed 8 hours a day unless the employer and employee agree to a workday of more than 8 hours: (a) through a collective bargaining agreement when a collectiv…

(1) For the purpose of this section, "strip mining" means the removal of the overburden and coal or other materials from the ground and all of the operations pertaining to the removal, without the necessity of providing timbers for holding the ground in place. (2) The period of e…

(1) A period of 8 hours shall constitute a day's work and a period of not to exceed 48 hours shall constitute a week's work in all cities and towns having a population of 2,500 or over for all persons employed in retail stores and in all leased businesses where the lessor dictate…

(1) On all lines of public telephones operated in whole or in part within this state, it shall hereafter be unlawful for any owner, lessee, company, or corporation to hire or employ any operator or operators, other person or persons to run or operate a telephone board or boards f…

(1) A period of 8 hours constitutes a day's work in all works and undertakings carried on or aided by any municipal or county government, the state government, or a first-class school district, on all contracts let by them, and for all janitors, except in courthouses of counties …

(1) (a) The period of employment may not exceed 8 hours a day for persons employed in or about cement plants and at quarries unless the employer and employee agree to a workday of more than 8 hours: (i) through a collective bargaining agreement when a collective bargaining unit r…

(1) A period of not to exceed 8 hours constitutes a day's work for all persons employed in or about sugar refineries, except in a case of emergency when life or property is in danger. (2) The provisions of this section do not apply to beet receiving station employees or superinte…

(1) A period of not more than 8 hours shall constitute a day's work, and a period of not to exceed 48 hours shall constitute a week's work for persons employed in or about restaurants, cafes, lunch counters, and other commercial eating establishments. The hours of work must be so…