Title 39, Title 39

(1) The department may approve local or state joint apprenticeship committees in any occupation or group of occupations in cities or trade areas whenever the apprentice training needs of the occupation or group of occupations justifies establishment of a committee. (2) The local …

(1) For the purpose of this chapter, an apprenticeship agreement is: (a) an individual written agreement between an employer and apprentice; (b) a written agreement between an employer or an association of employers and an organization of employees describing conditions of employ…

(1) Apprenticeship agreements must contain: (a) a statement of the occupation to be taught and the required hours for completion of apprenticeship, which must be at least 2,000 hours of reasonably continuous employment; (b) a statement of the processes in the occupational divisio…

Participation in the apprenticeship program is voluntary for all employers in the state. The provisions of this chapter apply to a participating person, firm, corporation, or occupation only after the person, firm, corporation, or occupation has voluntarily elected to conform wit…

(1) Except as provided in subsection (3), a wage paid to an apprentice employed for construction services, as defined in 18-2-401, under Title 18, chapter 2, part 4, must: (a) be based on the standard prevailing rate of wages for construction services, as defined in 18-2-401, for…

(1) An employer that employs an apprentice or a veteran apprentice who works in Montana as a new employee in a state-registered apprenticeship training program is eligible for an annual credit against income taxes imposed pursuant to Title 15, chapter 30 or 31. (2) The amount of …

This part establishes as an affirmative policy of this state within the department of labor and industry procedures which will enable women to contribute to society according to their fullest possible potential.

The commissioner of the department of labor and industry may issue rules of procedure and practice consistent with the Montana Administrative Procedure Act in order to administer and carry out the purposes of this part.

The department of labor and industry shall: (1) conduct studies about the changing employment needs and problems of women in Montana and make recommendations to the governor and the legislature; (2) direct public attention to critical employment problems confronting women as wive…

It is the intent of the legislature that the functions in the department of labor and industry delineated in this part pertaining to the status of women shall, where appropriate, be performed in close cooperation with the commission for human rights.

This part may be cited as the "Displaced Homemaker Act".

It is the intent of the legislature to provide necessary counseling, training, jobs, services, and health care for displaced homemakers so they may achieve independence and the economic security vital to a productive life.

As used in this part, the following definitions apply: (1) "Adult" means a person who is 18 years of age or older. (2) "Commissioner" means the commissioner of labor and industry as provided in 2-15-1701. (3) "Displaced homemaker" means an adult who: (a) has worked as an adult pr…

(1) The commissioner may establish multipurpose service programs for displaced homemakers and may enter into contracts with and make grants to nonprofit agencies or organizations, public or private, to establish, organize, and administer the programs described in 39-7-305. (2) Th…

(1) The programs must be developed in cooperation with federal, state, and local agencies and with private employers in order to coordinate efforts directed toward enabling the displaced homemaker to maintain economic security and emotional well-being and to avoid unnecessary dup…

The commissioner, with the advice of other organizations and agencies who provide services to displaced homemakers, shall adopt rules: (1) concerning the eligibility of persons who may be served by the program; (2) concerning a graduated fee schedule for program services; (3) con…

The administrator of the local displaced homemaker program may accept, use, and dispose of all grants or contributions of money, services, and property for the purpose of carrying out the provisions of this part. Such grants or contributions may include grants or in-kind contribu…

The administrator of each designated program established under this part shall report annually to the commissioner as prescribed by rule, which report must include: (1) an evaluation of the effectiveness of the program's job counseling, training, placement referral, support, and …

To the extent possible, supervisory, technical, and administrative positions in the multipurpose service programs must be filled by displaced homemakers.

Fifteen percent of the operational costs of a local displaced homemaker program must come from the local community served by the program. The local contribution may include in-kind contributions.

(1) This chapter may be cited as the "Montana Professional Employer Organizations and Groups Licensing Act". (2) The legislature recognizes that there is a public need for professional employer services and finds it necessary in the interest of public health, safety, and welfare …

As used in this chapter, unless the context indicates otherwise, the following definitions apply: (1) "Applicant" means a person that seeks to be licensed under this chapter. (2) "Client" means a person that obtains all or part of the person's workforce from another person throug…

(1) On or after July 1, 1995, a person who acts as a professional employer organization or group by entering into a professional employer arrangement or an employee leasing arrangement with a client in this state without a license or who violates the provisions of this chapter ma…

(1) An applicant for initial licensure as a professional employer organization or group shall file with the department a completed application on a form provided by the department. (2) The application must be accompanied by a nonrefundable application fee and any material or info…

(1) The department shall deny a license application or an application to renew a license if: (a) the application is not fully completed or properly executed; (b) documents required to supplement the application are not included in the application packet or are inadequate; (c) the…

(1) A license issued under this chapter is valid for 1 year from the date of issuance unless suspended or revoked. (2) An applicant for license renewal is subject to the requirements of 39-8-202(3) through (11). (3) At least 30 days prior to the expiration of the license, the lic…

(1) The fee for the renewal of a resident or nonresident unrestricted license is $750. (2) The fee for the renewal of a restricted license is $500. (3) The application fee required in 39-8-202 does not apply to the renewal of an unrestricted license. (4) Fees collected must be us…

(1) In addition to the penalty provided in 39-8-302, the department may suspend for up to 1 year, may permanently revoke, or may refuse to renew a license issued under this chapter if, after notice to the licensee, the department finds that any of the following exists: (a) a caus…

(1) A professional employer organization or group shall, by written contract with the client, establish the responsibilities and duties of each party. The contract must disclose to the client: (a) the services provided, the administrative fee, and the respective rights and obliga…

A professional employer organization or group may not: (1) make, issue, circulate, or cause to be made, issued, or circulated an estimate, illustration, circular, statement, advertisement, sales presentation, omission, or comparison that misrepresents the benefits, advantages, co…

(1) The department may deny a license application or may suspend, revoke, or refuse to renew an existing license for a person who: (a) obtains or renews a license through bribery, fraud, or willful misrepresentation; (b) engages in fraud, deceit, misrepresentation, or misconduct …

(1) The department shall investigate complaints concerning practice by an unlicensed person of activities for which a license is required under this chapter. (2) The department may file an action to enjoin a person from practicing without a license as a professional employer orga…

A person who violates an injunction issued under 39-8-303 shall pay a civil penalty, as determined by the court, of not more than $5,000. Fifty percent of the penalty must be deposited in the general fund of the county in which the injunction is issued, and 50% must be deposited …

(1) The department or its agent may perform an investigation, audit, or review necessary to determine whether a person has violated any provision of this chapter or any rule promulgated by the department to implement this chapter. (2) Except as provided in subsection (3), materia…

(1) The department may not disclose to any person the records, statements, or documents received from an applicant, client, or professional employer organization or group, except: (a) information necessary for public employees in the performance of their public duties; or (b) in …

(1) This chapter does not exempt a client of a professional employer organization or group or an employee assigned to a client by a professional employer organization or group from other local, state, or federal license or registration requirements. (2) An employee who is license…

(1) An insurer that provides workers' compensation insurance to a professional employer organization shall base classifications and rates applicable to the payroll of a worker who is subject to either a professional employer arrangement or an employee leasing arrangement as thoug…

Parts 1 and 2 of this chapter may be cited as the "Primary Sector Business Workforce Training Act".

(1) The Primary Sector Business Workforce Training Act is created to meet the training needs of existing industries in the state and to provide incentives to businesses to locate and expand within the state through government-assisted new jobs training. (2) It is the intent of th…

As used in parts 1 and 2 of this chapter, the following definitions apply: (1) "Department" means the department of commerce established in 2-15-1801. (2) "Eligible training provider" means: (a) a unit of the university system, as defined in 20-25-201; (b) a community college dis…

(1) Subject to appropriation by the legislature to the primary sector business training program, the department may award workforce training grants to primary sector businesses that provide education or skills-based training, through eligible training providers, for employees in …

(1) There is an account in the state special revenue fund called the primary sector business training account. (2) On July 1 of each year, the state treasurer shall transfer any funds appropriated to the department of commerce primary sector business training program from the gen…

The department is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when authorizing grants, administering a grant program, or creating a grant program related to workforce training pursuant to this part.

(1) An employer that hires qualifying new employees is eligible for an annual job growth incentive tax credit against income taxes imposed pursuant to Title 15, chapter 30 or 31. (2) The amount and duration of the credit is administered by the department of revenue as provided in…

(1) There is an office of reentry services in the department of labor and industry. (2) The purpose of the office is to create a collaborative effort among state agencies to coordinate supportive services for individuals who are exiting or preparing to exit incarceration and reen…

(1) The legislature finds that: (a) Montana has a disproportionately high number of individuals who are eligible for medicaid compared to surrounding states; (b) Montanans value independence and self-sufficiency; (c) investing in Montana citizens is a legislative priority; (d) pa…