Title 39, Title 39

The purpose of this part is to require the state of Montana to provide adequate notification when it plans the closure or retrenchment of a facility in a local area.

As used in this part, the following definitions apply: (1) "Closure" means the permanent shutting down of operations at a workplace. (2) "Department" means the department of labor and industry. (3) "Employer" means the state of Montana. (4) "Governmental facility" means any insti…

Upon making a decision to close or retrench, an employer shall: (1) immediately notify the employees, the affected employee organizations, the affected local governments, and a newspaper of general circulation in the county where the governmental facility subject to closure or re…

The department shall adopt rules to provide procedures for an employer to meet the obligations under 39-2-1003.

The contract of employment is a contract by which one, who is called the employer, engages another, who is called the employee, to do something for the benefit of the employer or a third person.

Everything that an employee acquires by virtue of employment, except the compensation, if any, that is due from the employee's employer, belongs to the employer, whether acquired lawfully or unlawfully or during or after the expiration of the term of the employee's employment.

The obligations peculiar to confidential employments are defined in the laws relating to trusts and fiduciary relationships.

(1) Employers of employees elected or appointed to a public office in the city, county, or state shall grant the employees leaves of absence, not to exceed 180 days per year, while they are performing public service. Employees of an employer who employs 10 or more persons must, u…

(1) In addition to the requirements in 39-2-104, an employer may not prohibit or restrict an employee from seeking election or appointment to a city, county, or state public office or retaliate or discriminate against an employee for seeking election or appointment to a city, cou…

As used in this part, the following definitions apply: (1) "Employee" means a person who works for another for hire and includes independent contractors. (2) "Employer" means a person or entity that has one or more employees or independent contractors. (3) "Local government" mean…

(1) An employer is prohibited from requiring an employee to have a microchip implanted in the employee's body as a condition of employment. (2) A microchip may be implanted in an employee's body at the request of an employer if the employee provides the employer with written cons…

A state agency or local government may not require a person to have a microchip implanted.

This part may be referred to as the "Legal Employment and Government Accountability Law".

As used in this part, the following definitions apply: (1) "Commissioner" means the commissioner of labor and industry as provided in 2-15-1701 or the commissioner's designee. (2) "Department" means the department of labor and industry as provided in 2-15-1701. (3) "Employee" has…

(1) Within the timelines established by 8 CFR 274a.2, an employer shall request and maintain a copy of either of the following: (a) the citizenship or work authorization status that has been verified by the United States citizenship and immigration services' e-verify program; or …

(1) The department shall enforce the provisions of this part and may perform an investigation, audit, or review necessary to determine whether an employer has violated a provision of this part or a rule promulgated by the department to implement this part. (2) The department shal…

(1) The books, records, and payrolls of an employer pertinent to the administration of this chapter must be open to inspection by the department or an authorized employee of the department on 3 business days' notice for the purpose of ascertaining adherence to the provisions of 3…

(1) The department may assess civil penalties against an employer violating the provisions of this part, or when appropriate, inform the proper government entity to suspend a license as follows: (a) for a first violation, the penalty may not be more than $500 for each individual …

This part must be interpreted to be fully consistent with all federal laws, including but not limited to federal laws regulating immigration and labor.

(1) There is a lawful employment enforcement fund account in the state special revenue fund established in 17-2-102. (2) There must be paid into the account money collected pursuant to 39-2-305 and 39-2-1606. (3) Money in the account is available to the department of labor and in…

(1) Every employer in any manufacturing, mechanical, or mercantile establishment; laundry, hotel, or restaurant; or other establishment employing any person shall provide suitable seats for all employees and shall permit them to use such seats when they are not employed in the ac…

Sections 39-2-205 through 39-2-211 may be cited as the "Workforce Drug and Alcohol Testing Act".

As used in 39-2-205 through 39-2-211, the following definitions apply: (1) "Alcohol" means an intoxicating agent in alcoholic beverages, ethyl alcohol, also called ethanol, or the hydrated oxide of ethyl. (2) "Alcohol concentration" means the alcohol in a volume of breath express…

A qualified testing program must comply with the following criteria: (1) Testing must be conducted according to the terms of written policies and procedures that must be adopted by the employer and must be available for review by all employees 60 days before the terms are impleme…

Each of the following activities is permissible in the implementation of a qualified testing program: (1) An employer may test any prospective employee as a condition of hire. (2) An employer may use random testing if the employer's controlled substance and alcohol policy include…

The employer shall provide an employee who has been tested under any qualified testing program described in 39-2-208 with a copy of the test report. The employer is also required to obtain, at the employee's request, an additional test of the split sample by an independent labora…

Except as provided in 16-12-108, no adverse action, including followup testing, may be taken by the employer if the employee presents a reasonable explanation or medical opinion indicating that the original test results were not caused by illegal use of controlled substances or b…

(1) Except as provided in subsection (2) and except for information that is required by law to be reported to a state or federal licensing authority, all information, interviews, reports, statements, memoranda, or test results received by an employer through a qualified testing p…

(1) All state and county governments, municipalities, and school districts and the university system must have a written policy supporting women who want to continue breastfeeding after returning from maternity leave. The policy must state that employers shall support and encoura…

(1) All state and county governments, municipalities, and school districts and the university system shall make reasonable efforts to provide a room or other location in close proximity to the work area, other than a toilet stall, where an employee can express the employee's brea…

All state and county governments, municipalities, and school districts and the university system shall provide reasonable unpaid break time each day to an employee who needs to express breast milk for the employee's child, as provided in 39-2-215 and 39-2-216, if breaks are curre…

(1) If a health care employee suffers an act of violence while on duty, the health care employer shall ensure that the health care employee and any employees who witnessed the act of violence provide oral reports to the health care employer. The oral reports must be made by the f…

(1) It shall be unlawful for any employer to require any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any records of such examination as a condition of employment. (2) The term "employer", as used in this section, shall m…

No employer shall discharge or lay off an employee because of attachment or garnishment served on the employer against the wages of the employee.

(1) A person or an entity doing business in this state may not induce, influence, persuade, or engage workers to change from one place to another in this state through or by means of deception, misrepresentation, or false advertising concerning the kind or character of the work, …

A person, firm, corporation, or other business entity or its representative may not require a person to take a polygraph test or any form of a mechanical lie detector test as a condition for employment or continuation of employment.

(1) No employer may knowingly employ an alien who is not lawfully authorized to accept employment. (2) A person convicted of violating this section shall be fined no more than $300. (3) The department of labor and industry or a person harmed by a violation of this section may sue…

(1) No person under 18 years of age shall be employed as a bartender, waiter, or waitress whose duty is to serve customers purchasing liquors, beer, or wines in any establishment which sells liquors, beer, or wines at retail. (2) Any retail vendor of liquors, beer, or wines who e…

(1) Except as provided in subsection (2), an employer or employer's agent may not require or request an employee or an applicant for employment to: (a) disclose a user name or password for the purpose of allowing the employer or employer's agent to access a personal social media …

(1) An employer may not terminate the employment of an employee who has completed the employee's probationary period because the employee has elected to serve as a volunteer emergency services provider or joined a volunteer emergency unit or organization, including but not limite…

(1) For purposes of this section, "lawful product" means a product that is legally consumed, used, or enjoyed and includes food, beverages, tobacco, and marijuana. (2) Except as provided in subsections (3) and (4), an employer may not refuse to employ or license and may not discr…

(1) Except as provided in subsection (2), an individual who is discharged, discriminated against, or denied employment in violation of 39-2-313 may file a civil action against an employer within 1 year of the alleged violation and the court may require any reasonable measure to c…

(1) One who without consideration undertakes to do a service for another is not bound to perform the service, but if the person actually enters upon its performance, the person shall use at least slight care and diligence in performing the service. (2) One who by the person's own…

One who for a good consideration agrees to serve another shall perform the service and shall use ordinary care and diligence in performing the service as long as the person is employed.

One who is employed at the individual's own request to do that which is more for the individual's own advantage than for that of the employer shall use great care and diligence to protect the interest of the employer.

An employee shall substantially comply with all the directions of the employer concerning the service on which the employee is engaged, except when obedience is impossible or unlawful or would impose new and unreasonable burdens upon the employee.