Mont. Code Ann. § 39-8-207 — MT Code / Title 39 / Chapter 8 / Part 2 / Section 39-8-207
39-8-207 Requirements of licensee
Status: in_force

39-8-207 . Requirements of licensee. (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 obligations of the parties;

(b) a statement providing that the professional employer organization or group:

(i) reserves a right of direction and control over employees assigned to the client's location. The client may retain sufficient direction and control over employees necessary to conduct business and without which the client would be unable to conduct business, discharge fiduciary responsibilities, or comply with state licensing laws.

(ii) assumes responsibility for the payment of wages of employees, workers' compensation premiums, payroll-related taxes, and employee benefits from its own accounts without regard to payments by the client; and

(iii) retains authority to hire, terminate, discipline, and reassign employees. The client has the right to accept or cancel the assignment of an employee.

(c) a statement that, with respect to a worker supplied to a client by a professional employer organization or group, the client shares joint and several liability for any wages, workers' compensation premiums, and payroll-related taxes and for any benefits left unpaid by the professional employer organization or group and that, in the event that the licensee's license is suspended or revoked, this liability is retroactive to the client's entering into a contract with the licensee; and

(d) a statement that the client is responsible for compliance with the Montana Safety Culture Act, Title 39, chapter 71, part 15.

(2) The professional employer organization or group shall:

(a) give written notice of the general nature of the relationship between the professional employer organization or group and the client to each employee assigned to perform services at the client's place of work. The disclosure must provide that the professional employer organization:

(i) reserves a right of direction and control over employees assigned to the client's location. The client may retain sufficient direction and control over employees necessary to conduct business and without which the client would be unable to conduct business, discharge fiduciary responsibilities, or comply with state licensing laws.

(ii) retains authority to hire, terminate, discipline, and reassign employees. The client has the right to accept or cancel the assignment of an employee.

(b) submit to the department, within 90 days of the end of each calendar quarter, information certified by an independent certified public accountant demonstrating that all payroll-related taxes for the quarter have been paid. Upon a showing of reasonable cause, one 30-day extension may be granted for each quarter. The department, by rule, may waive the requirements of this subsection (2)(b) if the licensee provides to the department an affidavit from an organization of the type specified in 39-8-202 (8).

(c) maintain and make available for the department or its agent all records relating to the licensee's business conduct. Records must be maintained for 5 years after terminating a professional employer arrangement or employee leasing arrangement.

(d) notify the department in writing within 20 days of a change of business address or a change in partners, directors, officers, members, or controlling persons designated in the license;

(e) notify the department in writing within 20 days after a client either commences or terminates a professional employer arrangement or an employee leasing arrangement with that professional employer organization or group; and

(f) post the license issued in a conspicuous place in the principal place of business and display, in clear public view in each licensee's office, a notice stating that the professional employer organization or group is licensed and regulated by the department.

(3) (a) When a professional employer organization or group uses a professional employer arrangement with the client, both the professional employer organization or group and the client are the immediate employers of the workers subject to the arrangement for the purposes of the workers' compensation laws of this state.

(b) When a professional employer organization or group uses an employee leasing arrangement with the client, the professional employer organization or group is the immediate employer of the workers subject to the arrangement for the purposes of the workers' compensation laws of this state.

(4) A professional employer organization or group shall:

(a) pay wages and collect, report, and pay payroll-related taxes from its own accounts;

(b) pay unemployment taxes, pursuant to 39-51-1103 , and provide, maintain, and secure all records and documents required of employers under the unemployment insurance laws of this state. For unemployment reporting purposes, each professional employer organization is the employing unit, as defined in 39-51-201 , and shall keep separate records and submit quarterly wage lists for each of its clients.

(c) provide workers' compensation coverage for all employees and provide, maintain, and secure all records and documents required of employers under the workers' compensation laws of this state. A license may not be issued to a professional employer organization or group until the department receives proof of Montana workers' compensation coverage for the professional employer organization or group.

(5) A professional employer organization or group is an employer for sponsoring and maintaining employee benefit and welfare plans. The plans, if limited to employees of the professional employer organization or group, are not multiple employer welfare arrangements. This section does not preclude the client from providing benefits to employees coemployed by a professional organization or group.

(6) A professional employer organization or group shall disclose to the department, to each client, and to its employees information on any health or life fringe benefit program provided for its employees. The information must include:

(a) the type of benefits;

(b) the identity of each insurer providing each type of coverage;

(c) the amount of benefits for each type of coverage and to whom or on whose behalf the benefits will be paid;

(d) the policy limits on each insurance policy; and

(e) whether coverage is fully insured, partially insured, or fully self-funded.

(7) Disclosure required by this section may be made by any written means reasonably calculated to adequately inform the employees, including a summary plan description that meets the requirements of the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1001, et seq., as amended.

(8) (a) Subject to any contrary provisions of the contract between the client and the professional employer organization or group, the professional employer arrangement that exists between the parties must be interpreted for purposes of insurance, bonding, and employer liability pursuant to subsection (8)(b).

(b) The professional employer organization or group:

(i) is entitled, along with the client, to the exclusivity of the remedy under both the workers' compensation and employers' liability provisions of a workers' compensation policy or plan of either party; and

(ii) is not liable for the acts, errors, or omissions of a client or of an employee acting under the direction and control of a client, subject to the provisions of this chapter. Subject to the provisions of this chapter, a client is not liable for the acts, errors, or omissions of a professional employer organization or group or of any employee of a professional employer organization or group acting under the direction and control of the professional employer organization or group.

(9) A professional employer organization or group that applies for workers' compensation coverage shall also maintain and furnish to the insurer sufficient information to permit the calculation of an experience modification factor for each client employer, including but not limited to:

(a) the client employer's corporate or business name;

(b) the client employer's taxpayer or employer identification number;

(c) the client employer's risk identification number;

(d) a listing of all employees assigned to each client employer and the applicable classification code and payroll; and

(e) the client employer's first report of injury identifying the client employer and any other information necessary to permit the calculation of an experience modification factor for each client employer.

(10) An employee assigned to a client by a professional employer organization or group is considered the employee of the client for purposes of general liability insurance, motor vehicle insurance, fidelity bonds, surety bonds, and liquor liability insurance carried by the client. An employee assigned to a client by a professional employer organization or group is not an employee of the professional employer organization or group for purposes of general liability insurance, motor vehicle insurance, fidelity bonds, surety bonds, or liquor liability insurance carried by the professional employer organization or group unless the employee is included by reference in an employment arrangement contract, insurance contract, or bond.

(11) The sale of professional employer services pursuant to this chapter does not constitute the sale of insurance under Title 33 unless the professional employer organization or group:

(a) undertakes to indemnify another or pay or provide a specified or determinable amount of benefit based on determinable contingencies unless done through a licensed insurer or an employee welfare benefit plan as defined in 29 U.S.C. 1002(1);

(b) solicits, negotiates, effects, procures, delivers, renews, continues, or binds an insurance policy unless done through a licensed insurance producer; or

(c) is not exempt under 33-17-103 (4).

(12) A sole proprietor or a working member of a partnership working under a professional employer arrangement may not receive unemployment insurance benefits unless the individual would otherwise be entitled to benefits if the professional employer arrangement did not exist.

(13) If the professional employer organization or group or the client complies with the provisions of 39-71-401 with respect to a worker under the professional employer arrangement, the professional employer organization or group and the client, with respect to those workers, are not uninsured employers, as defined in 39-71-501 , and are not subject to the provisions of 39-71-508 or 39-71-515 .
Mont. Code Ann. § 39-8-301 — MT Code / Title 39 / Chapter 8 / Part 3 / Section 39-8-301
39-8-301 Deceptive practices prohibited
Status: in_force

39-8-301 . Deceptive practices prohibited. 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, conditions, or terms of a professional employer arrangement or that is otherwise untrue, deceptive, or misleading;

(2) enter into an agreement to commit or by concerted action commit an act of boycott, coercion, or intimidation that results in unreasonable restraint of or monopoly in the business of professional employer services;

(3) file with the department or other public official or make, publish, disseminate, circulate, or deliver to a person a false statement of financial condition with the intent to deceive;

(4) knowingly:

(a) make a false entry of a material fact in a book, report, or statement of a person; or

(b) omit a material fact pertaining to the business of the person from a book, report, or statement of that person;

(5) permit the use or filing of a name, trade name, fictitious name, or business identity that is the same as or similar to or that may be confused with the name, trade name, fictitious name, or business identity of an existing licensee, governmental agency, or nonprofit organization; or

(6) commit any other practice determined by department rule to be deceptive.
Mont. Code Ann. § 39-31-406 — MT Code / Title 39 / Chapter 31 / Part 4 / Section 39-31-406
39-31-406 Hearing on complaint -- findings -- order
Status: in_force

39-31-406 . Hearing on complaint -- findings -- order. (1) The complainant and the person charged must be parties and shall appear in person or otherwise give testimony at the place and time fixed in the notice of hearing. In the discretion of the board or its agent conducting the hearing, any other person may be allowed to intervene in the proceeding and present testimony.

(2) In a hearing, the board is not bound by the rules of evidence prevailing in the courts.

(3) The testimony taken by the board or its agent must be reduced to writing and filed with the board. Thereafter, in its discretion, the board upon notice may take further testimony or hear argument.

(4) If, upon the preponderance of the testimony taken, the board is of the opinion that any person named in the complaint has engaged in or is engaging in an unfair labor practice, it shall state its findings of fact and shall issue and cause to be served on the person an order requiring the person to cease and desist from the unfair labor practice and to take affirmative action, including reinstatement of employees with or without backpay, that will effectuate the policies of this chapter. The order may further require the person to make reports from time to time showing the extent to which the person has complied with the order. An order of the board may not require the reinstatement of an individual as an employee who has been suspended or discharged or the payment to the employee of any backpay if it is found that the individual was suspended or discharged for cause.

(5) If, upon the preponderance of the testimony taken, the board is not of the opinion that the person named in the complaint has engaged in or is engaging in the unfair labor practice, then the board shall state its findings of fact and shall issue an order dismissing the complaint.

(6) If the evidence is presented before a member of the board or before an examiner, the member or the examiner shall issue and cause to be served on the parties to the proceeding a proposed decision, together with a recommended order, which must be filed with the board, and if exceptions are not filed within 20 days after service of the proposed decision and recommended order upon the parties or within a further period that the board may authorize, the recommended order becomes the order of the board. The board shall issue a final order within 5 months after final briefs are submitted to the hearings officer. If briefs are to be submitted but either or both of the parties fail to submit their brief on the date set by the hearings examiner at the close of the hearing on the matter, then the board shall issue a final order within 5 months after the date the last brief was ordered to be submitted. If no briefs are to be submitted, the board shall issue a final order within 5 months after the hearing.
Mont. Code Ann. § 39-3-101 — MT Code / Title 39 / Chapter 3 / Part 1 / Section 39-3-101
39-3-101 Employer to furnish itemized statement of deductions
Status: in_force

39-3-101 . Employer to furnish itemized statement of deductions. (1) All employers in this state when making payment to employees for salaries or wages shall, upon making such payment, give to the employee an itemized statement setting forth moneys deducted because of state and federal income taxes, social security, or any other deductions together with the amount of each deduction.

(2) Where no deduction is made in such payment of wages or salaries, the employer shall give to the employee a statement that the payment does not include any such deductions.
Mont. Code Ann. § 39-3-208 — MT Code / Title 39 / Chapter 3 / Part 2 / Section 39-3-208
39-3-208 Contracts in violation of part void
Status: in_force

39-3-208 . Contracts in violation of part void. Any contract or agreement made between an employer and an employee the provisions of which violate, evade, or circumvent this part is unlawful and void, but the employee may sue to recover the wages earned, together with the penalty specified in 39-3-206 or separately to recover the penalty if the wages have been paid.
Mont. Code Ann. § 39-71-1014 — MT Code / Title 39 / Chapter 71 / Part 10 / Section 39-71-1014
39-71-1014 Rehabilitation services -- required and provided by insurers
Status: in_force

39-71-1014 . Rehabilitation services -- required and provided by insurers. (1) Rehabilitation services are required for disabled workers and may be initiated by:

(a) an insurer by designating a rehabilitation provider; or

(b) a disabled worker through a request to the department. The department shall then require the insurer to designate a rehabilitation provider.

(2) Rehabilitation services provided under this part must be delivered through a rehabilitation counselor certified by the commission on rehabilitation counselor certification.
Mont. Code Ann. § 39-3-102 — MT Code / Title 39 / Chapter 3 / Part 1 / Section 39-3-102
39-3-102 Compensation of employee dismissed for cause
Status: in_force

39-3-102 . Compensation of employee dismissed for cause. An employee dismissed by the employer for good cause is not entitled to any compensation for services rendered since the last day upon which a payment became due to the employee under the contract.
Mont. Code Ann. § 39-71-505 — MT Code / Title 39 / Chapter 71 / Part 5 / Section 39-71-505
39-71-505 Applicability of other provisions of chapter to fund
Status: in_force

39-71-505 . Applicability of other provisions of chapter to fund. All appropriate provisions in the Workers' Compensation Act apply to the fund in the same manner as they apply to compensation plans No. 1, 2, and 3.
Mont. Code Ann. § 39-51-2102 — MT Code / Title 39 / Chapter 51 / Part 21 / Section 39-51-2102
39-51-2102 Commencement of week of unemployment
Status: in_force

39-51-2102 . Commencement of week of unemployment. An individual's week of unemployment commences only after the individual files a claim for unemployment insurance benefits with the unemployment insurance division and has registered for work with the individual's local job service, except as the department may by rule otherwise prescribe.
Mont. Code Ann. § 39-51-1110 — MT Code / Title 39 / Chapter 51 / Part 11 / Section 39-51-1110
39-51-1110 Refunds to employers
Status: in_force

39-51-1110 . Refunds to employers. (1) (a) If an employer claims an adjustment or the department determines through an examination of the employer's account that the employer has overpaid the amount due, the amount of the overpayment must be applied to future unemployment insurance obligations or must be refunded to the employer. The credit or refund may be allowed only if the claim is filed, or the determination is made, within a 5-year period after the date on which any taxes, penalty, or interest became due or within 1 year from the date the payment is made, whichever is later. The department shall credit or refund the amount to the employer, without interest.

(b) The department may not adjust wages that have been used for the purpose of establishing benefit eligibility after the statute of limitations provided in 39-51-2402 has expired, and a credit or refund may not be made with respect to those wages.

(2) If the department determines that an employer has paid taxes to this state under this chapter but the taxes should have been paid to another state under a similar act of the other state, a transfer of the taxes to the other state must be made upon discovery or, upon proof of payment that the other state has been fully paid, then a refund to the employer must be made upon application without limitation of time.

(3) If this chapter is not certified by the secretary of labor under 26 U.S.C. 3304 for any year, then refunds must be made of all taxes required under this chapter from employers for that year.
Mont. Code Ann. § 39-2-1604 — MT Code / Title 39 / Chapter 2 / Part 16 / Section 39-2-1604
39-2-1604 Enforcement -- investigations -- rulemaking -- enforcement without prejudice -- compliance with federal immigration law
Status: in_force

39-2-1604 . Enforcement -- investigations -- rulemaking -- enforcement without prejudice -- compliance with federal immigration law. (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 shall adopt rules for the purpose of carrying out the provisions of this part.

(3) Nothing in this part may be construed to abrogate any obligations by an employer to comply with federal immigration law, including but not limited to the proper completing and maintaining of federal employment eligibility verification forms or documents.
Mont. Code Ann. § 39-51-406 — MT Code / Title 39 / Chapter 51 / Part 4 / Section 39-51-406
39-51-406 Unemployment insurance administration account
Status: in_force

39-51-406 . Unemployment insurance administration account. (1) There is an account in the federal special revenue fund to be known as the unemployment insurance administration account. All money that is deposited, appropriated, or paid into this account is available for appropriation to the department. All money in the account must be expended solely for the purpose of defraying the costs of administration of this chapter and costs of administration of other legislation specifically delegated by the legislature to the department for administration of unemployment insurance laws.

(2) All money received and deposited in the account from the United States or any agency of the United States pursuant to section 302 of the Social Security Act, 42 U.S.C. 502, must be expended solely for the purpose and in the amounts found necessary by the secretary of labor for the proper and efficient administration of this chapter.

(3) The account consists of:

(a) all money received from the United States or any agency of the United States pursuant to section 302 of the Social Security Act, 42 U.S.C. 502, as amended; and

(b) all money, trust funds, supplies, facilities, or services furnished, deposited, paid, and received from the United States or any agency of the United States that are designated for use in the administration of the unemployment insurance program.

(4) Notwithstanding any provisions of this section, all money requisitioned and deposited in this account pursuant to 39-51-403 through 39-51-404 must remain part of the unemployment insurance fund and must be used only in accordance with the conditions specified in 39-51-403 through 39-51-404 .

(5) All money in this account must be deposited, administered, and disbursed in the same manner and under the same conditions and requirements as is provided by law for other accounts. The balance in this account may not lapse at any time but must be continuously available to the department for expenditure consistent with this chapter.

(6) Any reference to the unemployment insurance administration fund in this code means the unemployment insurance administration account in the federal special revenue fund.
Mont. Code Ann. § 39-6-104 — MT Code / Title 39 / Chapter 6 / Part 1 / Section 39-6-104
39-6-104 Local and state joint apprenticeship committees
Status: in_force

39-6-104 . Local and state joint apprenticeship committees. (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 or state joint apprenticeship committees must be composed of an equal number of employer and employee representatives chosen from names submitted by the respective local or state employer and employee organizations in the occupation or group of occupations. For an occupation or group of occupations in which there is no bona fide employer or employee organization, the joint committee must be composed of persons known to represent the interests of employers and of persons known to represent the interests of employees or the department may approve a state joint apprenticeship committee or act itself as the joint committee for the occupation or group of occupations.

(3) Subject to the review of the department and in accordance with the standards established by this chapter and by the department, a committee shall devise standards for apprenticeship agreements and provide the assistance necessary for their operation in the respective occupations and localities.
Mont. Code Ann. § 39-2-1602 — MT Code / Title 39 / Chapter 2 / Part 16 / Section 39-2-1602
39-2-1602 Definitions
Status: in_force

39-2-1602 . Definitions. 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 the meaning provided in 39-71-118 .

(4) "Employer" has the meaning provided in 39-71-117 .

(5) "E-verify program" means the federal electronic work authorization verification service provided by the United States department of homeland security pursuant to the federal Basic Pilot Program Extension and Expansion Act of 2003, Public Law 108-156, or any successor program.

(6) "Government entity" means a department, commission, council, board, agency, county, consolidated city-county government, city, or town.

(7) "License" means a certificate, approval, registration, or similar form of permission issued by a government entity with respect to business, professional, or occupational licensure.
Mont. Code Ann. § 39-51-2205 — MT Code / Title 39 / Chapter 51 / Part 22 / Section 39-51-2205
39-51-2205 Continuation of benefits at death of claimant
Status: in_force

39-51-2205 . Continuation of benefits at death of claimant. All accrued benefits due and payable at the time of death to any deceased claimant shall be paid to the surviving spouse or, if there be no surviving spouse, then to the surviving children or, if there be no surviving children, then to the next of kin without the necessity of any recipient obtaining letters testamentary or of administration.
Mont. Code Ann. § 39-51-307 — MT Code / Title 39 / Chapter 51 / Part 3 / Section 39-51-307
39-51-307 Department to create employment service
Status: in_force

39-51-307 . Department to create employment service. (1) The department shall establish and maintain free public employment offices in the number and in places that may be necessary for the proper administration of this chapter and for the purpose of performing the duties that are within the purview of the act of congress entitled, "An act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes", approved June 6, 1933 (29 U.S.C. 49), as amended.

(2) The department is charged with the duty to cooperate with any official or agency of the United States having power or duties under the provisions of the act of congress, as amended, and to do and perform all things necessary to secure to this state the benefits of the act of congress, as amended, in the promotion and maintenance of a system of public employment offices.

(3) The provisions of the act of congress, as amended, are accepted by this state in conformity with section 4 of that act, and this state shall observe and comply with the requirements of the act. The department is designated and constituted the agency of this state for the purpose of the act.

(4) For the purpose of establishing and maintaining free public employment offices, the department is authorized to enter into agreements with any political subdivisions of this state or with any private, nonprofit organization, and as a part of such an agreement, the department may accept money, services, or quarters as a contribution to the employment service account.
Mont. Code Ann. § 39-71-611 — MT Code / Title 39 / Chapter 71 / Part 6 / Section 39-71-611
39-71-611 Costs and attorney fees payable on denial of claim or termination of benefits later found compensable -- barring of attorney fees under common fund and other doctrines
Status: in_force

39-71-611 . Costs and attorney fees payable on denial of claim or termination of benefits later found compensable -- barring of attorney fees under common fund and other doctrines. (1) The insurer shall pay reasonable costs and attorney fees as established by the workers' compensation court if:

(a) the insurer denies liability for a claim for compensation or terminates compensation benefits;

(b) the claim is later adjudged compensable by the workers' compensation court; and

(c) in the case of attorney fees, the workers' compensation court determines that the insurer's actions in denying liability or terminating benefits were unreasonable.

(2) A finding of unreasonableness against an insurer made under this section does not constitute a finding that the insurer acted in bad faith or violated the unfair trade practices provisions of Title 33, chapter 18.

(3) Attorney fees may be awarded only under the provisions of subsection (1) and may not be awarded under the common fund doctrine or any other action or doctrine in law or equity.
Mont. Code Ann. § 39-73-105 — MT Code / Title 39 / Chapter 73 / Part 1 / Section 39-73-105
39-73-105 Application for payment
Status: in_force

39-73-105 . Application for payment. Application for payment under this chapter must be made by the person seeking the payment to the department of labor and industry. The application must be in writing or reduced to writing in the manner and upon the form prescribed by the department. The application form may be filled in and written by a person authorized by the department. If the applicant is unable to sign the applicant's name on the application, a witnessed mark may be used.
Mont. Code Ann. § 39-71-408 — MT Code / Title 39 / Chapter 71 / Part 4 / Section 39-71-408
39-71-408 Liability as first lien in case of bankruptcy or failure
Status: in_force

39-71-408 . Liability as first lien in case of bankruptcy or failure. In case of bankruptcy, insolvency, liquidation, or the failure of an employer or insurer to meet any obligations imposed by this chapter, every liability which may be due under this chapter shall constitute a first lien upon any deposit made by such employer or insurer, and if such deposit shall not be sufficient to secure the payment of such liability in the manner and at the times provided for in this chapter, the deficiency shall be a lien upon all the property of such employer or insurer within this state and shall be prorated with other lienable claims and shall have preference over the claim of any creditor or creditors of such employer or insurer except the claims of other lienors.
Mont. Code Ann. § 39-3-510 — MT Code / Title 39 / Chapter 3 / Part 5 / Section 39-3-510
39-3-510 Show cause hearing -- restraining order until bond furnished
Status: in_force

39-3-510 . Show cause hearing -- restraining order until bond furnished. 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 salaries or that the employer is a nonresident of the state without visible property in said county subject to execution or who has within 2 years defaulted in payroll payments, the court may adjudge and decree that the employee or employees are endangered in the collection of their just demands and the court may issue a restraining order against the employer forbidding further prosecution of operations by said employer until after the employer has furnished a good and sufficient bond, in form to be approved by the court with good and sufficient surety or sureties who can and do legally justify, and deposit said bond with the clerk of court of said county obligating the employer to pay all wages and salaries as required by part 2 of this chapter.
Mont. Code Ann. § 39-32-114 — MT Code / Title 39 / Chapter 32 / Part 1 / Section 39-32-114
39-32-114 Subpoena power of board
Status: in_force

39-32-114 . Subpoena power of board. The board has the same power to subpoena witnesses and administer oaths and affirmations under this chapter as it does under Title 39, chapter 31, and the provisions of 39-31-106 and 39-31-107 are incorporated by reference into this chapter.
Mont. Code Ann. § 39-51-1306 — MT Code / Title 39 / Chapter 51 / Part 13 / Section 39-51-1306
39-51-1306 Reciprocity with other states for collection of unpaid taxes
Status: in_force

39-51-1306 . Reciprocity with other states for collection of unpaid taxes. (1) The courts of this state shall recognize and enforce liabilities for unemployment taxes and any other special assessments imposed by other states that extend a like comity to this state.

(2) The department may sue in the courts of any other jurisdiction that extends comity to collect unemployment taxes, penalties, and interest due this state. The officials of other states that by statute or otherwise extend a like comity to this state may sue in the courts of this state to collect the taxes and any other special assessments and interest and penalties, if any, due that state. In any case brought for another state, the administrator may through the administrator's attorney institute and conduct the suit for the other state.

(3) Venue of proceedings under this section must be the same as for actions to collect delinquent taxes, penalties, and interest due under this chapter.

(4) A certificate by the secretary of any state under the great seal of that state attesting the authority of the official to collect unemployment insurance taxes and any other special assessments, penalties, and interest is conclusive evidence of that authority.
Mont. Code Ann. § 39-31-308 — MT Code / Title 39 / Chapter 31 / Part 3 / Section 39-31-308
39-31-308 Initiation of factfinding -- designation of fact finder
Status: in_force

39-31-308 . Initiation of factfinding -- designation of fact finder. (1) If, upon expiration of an existing collective bargaining agreement or 30 days following certification or recognition of an exclusive representative, a dispute concerning the collective bargaining agreement exists between the employer and the exclusive representative, either party may petition the board to initiate factfinding.

(2) Within 3 days of receipt of such petition, the board shall submit to the parties a list of five qualified, disinterested persons from which the parties shall alternate in striking two names. The remaining person shall be designated fact finder. This process shall be completed within 5 days of receipt of the list. The parties shall notify the board of the designated fact finder.

(3) If no request for factfinding is made by either party before the expiration of the agreement or 30 days following certification or recognition of an exclusive representative, the board may initiate factfinding as provided for in subsection (2) above.
Mont. Code Ann. § 39-71-522 — MT Code / Title 39 / Chapter 71 / Part 5 / Section 39-71-522
39-71-522 Inspection of construction sites -- public policy -- penalty
Status: in_force

39-71-522 . Inspection of construction sites -- public policy -- penalty. (1) In recognition of the benefit of fair competition among business competitors and the public policy of this state providing for enforcement of workers' compensation insurance coverage requirements, the legislature finds that it is reasonable to allow access by authorized employees of the department onto construction sites for the purpose of determining whether workers are appropriately covered by workers' compensation insurance or a valid exemption from insurance coverage.

(2) In order to determine if proper workers' compensation insurance coverage is in place or if a valid exemption is held by a worker present on a construction site, authorized employees of the department may enter onto any construction site for which a construction permit is required or has been issued.

(3) Upon presentation of proper credentials, department employees must be admitted to a construction site to:

(a) gather information relating to compliance with the coverage requirements of this chapter; and

(b) when appropriate, issue a notice of violation to a person who is in violation of 39-71-419 .

(4) This section does not authorize the department's employees to engage in a breach of the peace. The department may request the assistance of appropriate local law enforcement agencies to peaceably enter a construction site.

(5) A person who purposely or knowingly restricts the access to a construction site by a credentialed department employee or who obstructs the employee in the performance of the employee's duties under this section commits the offense of obstruction of a public servant as provided in 45-7-302 .

(6) As used in this section, the following definitions apply:

(a) "Construction permit" means any permit that can be issued pursuant to Title 50, chapter 60, and includes:

(i) a boiler permit;

(ii) a building permit;

(iii) an electrical permit;

(iv) an elevator permit;

(v) a mechanical permit; or

(vi) a plumbing permit.

(b) "Construction site" means any parcel of real property where work is being performed for which a construction permit is required or has been issued.
Mont. Code Ann. § 39-32-106 — MT Code / Title 39 / Chapter 32 / Part 1 / Section 39-32-106
39-32-106 Determination of appropriate bargaining unit
Status: in_force

39-32-106 . Determination of appropriate bargaining unit. (1) The composition of an appropriate unit in a health care facility, for purposes of this law, may be determined by mutual consent between such facility and the employees thereof.

(2) In the event no such mutual consent is available, then either the facility or representatives of employees may apply to the board and said board, through a duly designated agent, shall make a determination of the composition of such an appropriate unit.

(3) In determining such appropriate unit, professional employees may not be included in the same unit with nonprofessional employees unless a majority of professional employees in a proposed unit desire such inclusion. Weight shall be accorded similarity of duties, licensure, and conditions of employment, among other relevant factors, in determining an appropriate unit.
Mont. Code Ann. § 39-71-223 — MT Code / Title 39 / Chapter 71 / Part 2 / Section 39-71-223
39-71-223 Certified copies of public records -- fees
Status: in_force

39-71-223 . Certified copies of public records -- fees. (1) The department shall, on demand, furnish a certified copy of any public record to a person who has a right to inspect it, if the record is of a nature permitting such copying, or shall furnish reasonable opportunity to inspect or copy.

(2) The department may establish fees reasonably calculated to reimburse the department for its actual cost in making such records available.
Mont. Code Ann. § 39-32-112 — MT Code / Title 39 / Chapter 32 / Part 1 / Section 39-32-112
39-32-112 Adjudication of unfair labor practices complaints by board
Status: in_force

39-32-112 . Adjudication of unfair labor practices complaints by board. Violations of 39-32-109 are remediable by the board, and board orders are enforceable and reviewable by the court in the same manner as provided for in Title 39, chapter 31, part 4.
Mont. Code Ann. § 39-2-303 — MT Code / Title 39 / Chapter 2 / Part 3 / Section 39-2-303
39-2-303 Deception as to character of employment, conditions of work, or existence of labor dispute prohibited
Status: in_force

39-2-303 . Deception as to character of employment, conditions of work, or existence of labor dispute prohibited. (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, the sanitary or other conditions of employment, or as to the existence of a strike or other trouble pending between the employer and the employees at the time of or immediately prior to the engagement. Failure to state in any advertisement, proposal, or contract for the employment of workers that there is a strike, lockout, or other labor trouble at the place of the proposed employment when in fact a strike, lockout, or other trouble actually exists at that place is considered a false advertisement and misrepresentation for the purpose of this section.

(2) A worker influenced, induced, persuaded, or engaged through or by means of any of the things prohibited by subsection (1) has a right of action for recovery of all damages that the worker sustained in consequence of the deception, misrepresentation, or false advertising used to induce the worker to change the worker's place of employment against anyone directly or indirectly procuring the change, and in addition, the worker shall recover reasonable attorney fees to be fixed by the court and taxed as costs in any judgment recovered.
Mont. Code Ann. § 39-31-206 — MT Code / Title 39 / Chapter 31 / Part 2 / Section 39-31-206
39-31-206 Labor organization to guarantee certain rights and safeguards prior to certification or recognition
Status: in_force

39-31-206 . Labor organization to guarantee certain rights and safeguards prior to certification or recognition. (1) Certification or recognition as an exclusive representative shall be extended or continued, as the case may be, only to a labor or employee organization the written bylaws of which provide for and guarantee the following rights and safeguards and whose practices conform to such rights and safeguards as:

(a) provisions are made for democratic organization and procedures;

(b) elections are conducted pursuant to adequate standards and safeguards;

(c) controls are provided for the regulation of officers and agents having fiduciary responsibility to the organization; and

(d) requirements exist for maintenance of sound accounting and fiscal controls, including annual audits.

(2) The board shall hear and decide all disputes arising under subsection (1).
Mont. Code Ann. § 39-2-411 — MT Code / Title 39 / Chapter 2 / Part 4 / Section 39-2-411
39-2-411 Surviving employee
Status: in_force

39-2-411 . Surviving employee. When service is to be rendered by two or more persons jointly and one of them dies, the survivor shall act alone if the service to be rendered is of a type that the survivor can rightly perform without the aid of the deceased person, but not otherwise.
Mont. Code Ann. § 39-51-2112 — MT Code / Title 39 / Chapter 51 / Part 21 / Section 39-51-2112
39-51-2112 Benefit ineligibility for leave of absence
Status: in_force

39-51-2112 . Benefit ineligibility for leave of absence. (1) An individual is ineligible to receive benefits during an approved leave of absence.

(2) An individual is eligible to receive benefits when the individual returns to and offers service to the individual's employer after returning from an approved leave of absence and the individual's regular or comparable suitable work is not available, as determined by the department, provided that the individual is otherwise eligible.
Mont. Code Ann. § 39-34-101 — MT Code / Title 39 / Chapter 34 / Part 1 / Section 39-34-101
39-34-101 Arbitration between firefighters and public employers
Status: in_force

39-34-101 . Arbitration between firefighters and public employers. (1) This section applies only to firefighters and their public employers.

(2) If an impasse is reached in the course of collective bargaining between a public employer and a firefighters' organization or its exclusive representative and if the procedures for mediation and factfinding in 39-31-307 through 39-31-310 have been exhausted, either party or both jointly may petition the board of personnel appeals for final and binding arbitration.
Mont. Code Ann. § 39-2-408 — MT Code / Title 39 / Chapter 2 / Part 4 / Section 39-2-408
39-2-408 Duty of employee regarding items received on account of employer
Status: in_force

39-2-408 . Duty of employee regarding items received on account of employer. An employee who receives anything on account of the employer in any capacity other than that of a mere servant is not bound to deliver it to the employer until demanded and is not at liberty to send it to the employer from a distance, without demand, in any mode involving greater risk than its retention by the employee.
Mont. Code Ann. § 39-51-1214 — MT Code / Title 39 / Chapter 51 / Part 12 / Section 39-51-1214
39-51-1214 Benefit payments chargeable to employer experience rating accounts -- definition
Status: in_force

39-51-1214 . Benefit payments chargeable to employer experience rating accounts -- definition. (1) Except for cost reimbursement, benefits paid must be charged to the account of each of the claimant's base period employers. The benefit charged must be based on the percentage of wages paid by the employer as compared to the total wages paid by all employers in the claimant's base period.

(2) The account of an employer with an experience rating as provided in 39-51-1213 may not be charged with respect to benefits paid under the following situations:

(a) if paid to a worker who terminated services voluntarily with a covered employer without good cause. The department shall determine that a claimant left work with good cause attributable to employment when:

(i) the claimant had compelling reasons arising from the work environment that caused the claimant to leave and the claimant:

(A) attempted to correct the problem in the work environment; and

(B) informed the employer of the problem and gave the employer reasonable opportunity to correct the problem;

(ii) the claimant left work that the department determines to be unsuitable; or

(iii) the claimant left work within 30 days of returning to state-approved training.

(b) if paid in accordance with the extended benefit program triggered by either national or state indicators;

(c) subject to the provisions of 39-51-605 , if the base period employer continues to provide employment with no reduction in hours or wages;

(d) if benefits are paid to claimants who are in training approved under 39-51-2307 ;

(e) if the base period employer is ordered to military service, as defined in 10-1-1003 ;

(f) if benefits are paid to an employee laid off as the result of the return to work of a permanent employee who:

(i) was called to military service, as defined in 10-1-1003 ; and

(ii) had completed 4 or more weeks of military service and exercised reemployment rights under Title 10, chapter 1, part 10;

(g) if the worker separates from employment as a result of domestic violence, a sexual assault, or stalking pursuant to 39-51-2111 ;

(h) if paid to a worker who was terminated by the employer for misconduct or gross misconduct; or

(i) if benefits are paid to a claimant laid off as a direct result of a major natural disaster declared by the president pursuant to 42 U.S.C. 5170, et seq., if the recipient of the benefits would have been eligible for federal disaster unemployment assistance with respect to that unemployment except for the recipient's receipt of state unemployment insurance benefits.

(3) For purposes of this section, the term "compelling reasons" includes but is not limited to:

(a) undue risk of injury, illness, or physical impairment or reasonably foreseeable risk to the claimant's morals;

(b) unreasonable actions by the employer concerning hours, wages, terms of employment, or working conditions;

(c) a condition underlying a workers' compensation or occupational disease claim for which liability has been accepted by a workers' compensation insurer. If the condition is one for which liability has not been accepted by the workers' compensation insurer, the department shall independently evaluate the condition to determine whether the condition appears to result from the claimant's employment. If the condition appears to the satisfaction of the department to be related to work, the department shall consider the condition to provide a compelling reason for leaving work.

(d) unreasonable rules or discipline by the employer so severe as to constitute harassment.
Mont. Code Ann. § 39-3-214 — MT Code / Title 39 / Chapter 3 / Part 2 / Section 39-3-214
39-3-214 Court costs and attorney fees
Status: in_force

39-3-214 . Court costs and attorney fees. (1) Whenever it is necessary for the employee to enter or maintain a suit at law for the recovery or collection of wages due as provided for by this part, a resulting judgment must include a reasonable attorney fee in favor of the successful party, to be taxed as part of the costs in the case.

(2) A judgment for the plaintiff in a proceeding pursuant to this part must include all costs reasonably incurred in connection with the proceeding, including attorney fees.

(3) If the proceeding is maintained by the commissioner of labor, court costs or fees are not required of the commissioner of labor nor is the commissioner of labor required to furnish any bond or other security that might otherwise be required in connection with any phase of the proceeding.
Mont. Code Ann. § 39-3-306 — MT Code / Title 39 / Chapter 3 / Part 3 / Section 39-3-306
39-3-306 Limitations
Status: in_force

39-3-306 . Limitations. 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.
Mont. Code Ann. § 39-30-206 — MT Code / Title 39 / Chapter 30 / Part 2 / Section 39-30-206
39-30-206 Notice and claim of preference
Status: in_force

39-30-206 . Notice and claim of preference. (1) A public employer shall, by posting or on the application form, give notice of the preferences that this chapter provides in public employment.

(2) A job applicant who believes that the applicant has an employment preference shall claim the preference in writing before the time for filing applications for the position involved has passed. Failure to make a timely employment preference claim for a position is a complete defense to an action in regard to that position under 39-30-207 .

(3) If an applicant for a position makes a timely written employment preference claim, the public employer shall give written notice of its hiring decision to each applicant claiming preference.
Mont. Code Ann. § 39-2-305 — MT Code / Title 39 / Chapter 2 / Part 3 / Section 39-2-305
39-2-305 Employment of aliens not lawfully authorized to accept employment prohibited
Status: in_force

39-2-305 . Employment of aliens not lawfully authorized to accept employment prohibited. (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 to enjoin an employer from violating this section and to gain other appropriate relief.
Mont. Code Ann. § 39-51-1103 — MT Code / Title 39 / Chapter 51 / Part 11 / Section 39-51-1103
39-51-1103 Contributions by employers required -- payments in lieu of contributions authorized for certain employers
Status: in_force

39-51-1103 . Contributions by employers required -- payments in lieu of contributions authorized for certain employers. (1) Contributions accrue and become payable by each employer for each calendar year in which the employer is subject to this chapter with respect to wages, as defined in 39-51-201 , paid for employment, as defined in this chapter, occurring during the calendar year.

(2) The contributions become due and must be paid by each employer to the department for the fund in accordance with rules adopted by the department and may not be deducted in whole or in part from the wages of individuals employed by the employer.

(3) In the payment of any contributions, a fractional part of a cent must be disregarded unless it amounts to one-half cent or more, in which case it must be increased to 1 cent.

(4) Nonprofit organizations, defined in section 501(c)(3) of the Internal Revenue Code and that are exempt from tax under section 501(a) of the Internal Revenue Code, may elect to make payments in lieu of contributions.

(5) The state and its political subdivisions may elect to make payments in lieu of contributions or pay under a special contributions plan established for governmental entities only.

(6) An Indian tribe may make a separate election to make payments in lieu of contributions for each tribal unit and may elect to combine all or some tribal units into group reimbursement accounts.
Mont. Code Ann. § 39-51-2111 — MT Code / Title 39 / Chapter 51 / Part 21 / Section 39-51-2111
39-51-2111 Unemployment benefits for victims of domestic violence, sexual assault, or stalking
Status: in_force

39-51-2111 . Unemployment benefits for victims of domestic violence, sexual assault, or stalking. (1) (a) An individual who is otherwise eligible for benefits may not be denied benefits because the individual left work or was discharged because of circumstances resulting from the individual or a child of the individual being a victim of domestic violence, a sexual assault, or stalking or the individual left work or was discharged because of an attempt on the individual's part to protect the individual or the individual's child from domestic abuse, a sexual assault, or stalking.

(b) The account of an employer with an experience rating as provided in 39-51-1213 may not be charged for the payment of benefits to an individual who left work or was discharged because of circumstances resulting from domestic violence, a sexual assault, or stalking as provided for in subsection (1)(a).

(c) An individual may not receive more than 28 weeks of unemployment benefits for the 12-month period after filing a claim under the provisions of this section. The provisions of this section do not affect the rights of an individual to receive unemployment insurance benefits that the individual is entitled to under other provisions of state law.

(2) For the purposes of subsection (1), an individual must be treated as being a victim of domestic violence, a sexual assault, or stalking if the individual provides one or more of the following:

(a) an order of protection or other documentation of equitable relief issued by a court of competent jurisdiction;

(b) a police record documenting the domestic violence, sexual assault, or stalking;

(c) medical documentation of domestic violence or a sexual assault; or

(d) other documentation or certification of domestic violence, a sexual assault, or stalking provided by a social worker, clergy member, shelter worker, or professional person, as defined in 53-21-102 , who has assisted the individual in dealing with domestic violence, a sexual assault, or stalking.

(3) An individual who is otherwise eligible for benefits under this section becomes ineligible if the individual remains in or returns to the abusive situation that caused the individual to leave work or be discharged.

(4) The department shall provide a report to the legislature, as provided in 5-11-210 , regarding the benefits applied for and granted under this section, including a summary of the demographics of applicants for and recipients of the benefits and the average and total cost of benefits provided.

(5) For the purposes of this section:

(a) "domestic violence" means the physical, mental, or emotional abuse of an individual or the individual's child by a person with whom that individual or the individual's child lives or has recently lived;

(b) "sexual assault" means sexual assault as described in 45-5-502 , sexual intercourse without consent as described in 45-5-503 , incest as described in 45-5-507 , or sexual abuse of children as described in 45-5-625 ; and

(c) "stalking" has the meaning provided in 45-5-220 .
Mont. Code Ann. § 39-71-1110 — MT Code / Title 39 / Chapter 71 / Part 11 / Section 39-71-1110
39-71-1110 Schedule II and III drugs -- prescriber obligation
Status: in_force

39-71-1110 . Schedule II and III drugs -- prescriber obligation. (1) In order to ensure high-quality health care for an individual with a compensable occupational injury or disease, prescriptions for Schedule II or Schedule III drugs identified in Title 50, chapter 32, part 2, may be carefully monitored for potential abuse, dependence, interaction, and diversion. Ongoing prescriptions for Schedule II and Schedule III drugs may be prescribed only by a treating physician.

(2) (a) A treating physician authorized to prescribe prescription drugs may query the prescription drug registry provided for in Title 37, chapter 7, part 15, prior to the initial prescribing or refilling of a Schedule II or Schedule III drug for treatment of a workers' compensation injury or occupational disease. After consulting the prescription drug registry, a treating physician may decline to prescribe or refill a Schedule II or Schedule III drug if, in the treating physician's judgment, the drug should not be prescribed or refilled.

(b) Prior to the initial prescribing of a Schedule II or Schedule III drug, a treating physician may discuss the risks and benefits of the use of the controlled substance, including risk of tolerance and drug dependence, with the patient or the patient's legal guardian.

(c) A treating physician shall note in the patient's medical file each query conducted.

(3) This section does not apply to a health care provider administering a Schedule II or Schedule III drug under the following circumstances:

(a) immediately prior to or after surgery;

(b) at the scene of an emergency;

(c) in a licensed ambulance; or

(d) in the emergency department or intensive care unit of a licensed hospital.
Mont. Code Ann. § 39-8-304 — MT Code / Title 39 / Chapter 8 / Part 3 / Section 39-8-304
39-8-304 Violation of injunction -- penalty
Status: in_force

39-8-304 . Violation of injunction -- penalty. 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 in the state general fund.
Mont. Code Ann. § 39-71-736 — MT Code / Title 39 / Chapter 71 / Part 7 / Section 39-71-736
39-71-736 Compensation -- from what dates paid
Status: in_force

39-71-736 . Compensation -- from what dates paid. (1) (a) Except as provided in subsection (1)(c), compensation may not be paid for the first 32 hours or 4 days of loss of wages, whichever is less, that the worker is totally disabled and unable to work because of an injury. A worker is eligible for compensation starting with the 5th day.

(b) Separate benefits of medical and hospital services must be furnished from the date of injury.

(c) If the worker is totally disabled and unable to work in any capacity for 21 days or longer, compensation must be paid retroactively to the first day of total wage loss unless the worker waives the payment as provided in subsection (2)(b)(ii).

(2) (a) For the purpose of this section, except as provided in subsection (3), a worker is not considered to be entitled to compensation benefits if the worker is receiving sick leave benefits, except that each day for which the worker elects to receive sick leave counts 1 day toward the 4-day waiting period.

(b) A worker who is entitled to receive retroactive compensation benefits pursuant to subsection (1)(c) but who took sick leave as provided in subsection (2)(a) may elect to either:

(i) repay the employer the amount of salary for the sick leave received; or

(ii) waive the retroactive payment of benefits attributable to any days or hours for which the worker received sick leave.

(3) Augmentation of temporary total disability benefits with sick leave by an employer pursuant to a collective bargaining agreement may not disqualify a worker from receiving temporary total disability benefits.

(4) Receipt of vacation leave or paid time off leave, other than sick leave, by a worker may not affect the worker's eligibility for temporary total disability benefits.
Mont. Code Ann. § 39-51-2405 — MT Code / Title 39 / Chapter 51 / Part 24 / Section 39-51-2405
39-51-2405 Prompt payment of claims
Status: in_force

39-51-2405 . Prompt payment of claims. (1) Benefits must be paid promptly in accordance with the most recently issued:

(a) determination or redetermination under 39-51-2402 ;

(b) decision of an appeals referee under 39-51-2403 ;

(c) decision of the board under 39-51-2404 ; or

(d) decision of a reviewing court pursuant to a judicial review initiated under 39-51-2404 .

(2) The filing of a request for redetermination, an appeal, or a request for judicial review may not delay or postpone the payment of benefits until the determination, redetermination, or decision has been modified or reversed.

(3) An individual considered eligible to receive benefits must be paid promptly regardless of any further appeal or disposition of an appeal that is not a final disposition of the case. An injunction, stay, writ, or other process suspending the payment of benefits may not be issued by the board or a court until the final disposition of the case.
Mont. Code Ann. § 39-3-405 — MT Code / Title 39 / Chapter 3 / Part 4 / Section 39-3-405
39-3-405 Overtime compensation
Status: in_force

39-3-405 . Overtime compensation. (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 overtime provision does not apply for farm workers.

(3) Employers of students at an amusement or recreational area that operates on a seasonal basis who furnish the students with board, lodging, or other facilities may not employ the students for a workweek longer than 48 hours, unless the students receive compensation for their employment in excess of 48 hours in a workweek at a rate of not less than 1 1/2 times the hourly wage rate at which they are employed.

(4) The application of the overtime provisions of subsection (1) to the employment of firefighters and law enforcement officers by the state must be consistent with the Fair Labor Standards Act of 1938, as amended, and consistent with regulations promulgated under the act.
Mont. Code Ann. § 39-31-310 — MT Code / Title 39 / Chapter 31 / Part 3 / Section 39-31-310
39-31-310 Submission of issues to arbitration
Status: in_force

39-31-310 . Submission of issues to arbitration. Nothing in 39-31-307 through 39-31-310 prohibits the parties from voluntarily agreeing to submit any or all of the issues to final and binding arbitration, and if such agreement is reached, the arbitration shall supersede the factfinding procedures set forth in those sections. An agreement to arbitrate and the award issued in accordance with such agreement shall be enforceable in the same manner as is provided in this chapter for enforcement of collective bargaining agreements.
Mont. Code Ann. § 39-8-204 — MT Code / Title 39 / Chapter 8 / Part 2 / Section 39-8-204
39-8-204 License renewal
Status: in_force

39-8-204 . License renewal. (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 licensee shall submit an application for renewal of a license on a form prescribed by the department and accompanied by the license fee, as provided in 39-8-205 .

(4) A late renewal application may not be processed prior to the expiration of the licensee's current license. A person engaged in an unlicensed activity is subject to the penalty established in 39-8-302 .

(5) Denial of a renewal license is subject to review under the provisions of 39-8-203 .
Mont. Code Ann. § 39-32-103 — MT Code / Title 39 / Chapter 32 / Part 1 / Section 39-32-103
39-32-103 Rules
Status: in_force

39-32-103 . Rules. The board shall adopt and promulgate rules to carry into effect the provisions of this chapter.
Mont. Code Ann. § 39-11-103 — MT Code / Title 39 / Chapter 11 / Part 1 / Section 39-11-103
39-11-103 Definitions
Status: in_force

39-11-103 . Definitions. 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 district, as defined in 20-15-101 ;

(c) an accredited, tribally controlled community college located in the state of Montana; or

(d) an entity approved to provide workforce training that is included on the eligible training provider list.

(3) "Eligible training provider list" means the list maintained by the department of labor and industry of those eligible training providers who may be used to provide workforce training under a grant authorized in 39-11-202 .

(4) "Employee" means the individual employed in a new job.

(5) "Employer" means the individual, corporation, partnership, or association providing new jobs and entering into a grant contract.

(6) "Full-time job" means a predominantly year-round position requiring an average of at least 35 hours of work each week.

(7) (a) "New job" means a newly created full-time or part-time job in a primary sector business.

(b) The term does not include:

(i) jobs for recalled employees returning to positions held previously, for replacement employees, or for employees newly hired as a result of a labor dispute, seasonal jobs, or other jobs that previously existed within the employment of the employer in the state; or

(ii) jobs created by an employer as the result of an acquisition of a Montana company or entity if those jobs previously existed in the state of Montana in the acquired company or entity unless it is demonstrated that the jobs:

(A) are substantially different as a result of the acquisition; and

(B) will require new training for the employee to meet new job requirements.

(8) "Part-time job" means a predominantly year-round position requiring an average of 25 to 34 hours of work each week.

(9) "Primary sector business" means an employer engaged in establishing or expanding operations within Montana that through the employment of knowledge or labor add value to a product, process, or export service that results in the creation of new wealth and at least one of the following conditions applies:

(a) at least 50% of the sales of the employer occur outside of Montana;

(b) the employer is a manufacturing company with at least 50% of its sales to other Montana companies that have 50% of their sales occurring outside of Montana; or

(c) the employer is a new business that provides, as determined by the department, a product or a service that is not available in Montana or a substantially similar product or service that is not available in Montana, which results in state residents leaving the state to purchase the product or service.

(10) "Primary sector business training account" or "account" means the primary sector business training account provided for in 39-11-205 .

(11) "Primary sector business training program" or "program" means the grant provided to employers for the purpose of working with eligible training providers to provide employees with education and training required for jobs in new or expanding primary sector businesses in the state.

(12) (a) "Program costs" means all necessary and incidental costs of providing program services.

(b) The term does not include the cost of equipment to be owned or used by the eligible training provider.

(13) "Program services" means training and education specifically directed to the new jobs, including:

(a) all direct training costs, such as:

(i) program promotion;

(ii) instructor wages, per diem, and travel;

(iii) curriculum development and training materials;

(iv) lease of training equipment and training space;

(v) miscellaneous direct training costs;

(vi) administrative costs; and

(vii) assessment and testing;

(b) in-house or on-the-job training; and

(c) subcontracted services with eligible training providers.
Mont. Code Ann. § 39-71-601 — MT Code / Title 39 / Chapter 71 / Part 6 / Section 39-71-601
39-71-601 Statute of limitation on presentment of claim -- waiver
Status: in_force

39-71-601 . Statute of limitation on presentment of claim -- waiver. (1) Except for a claim for benefits for occupational diseases pursuant to subsections (3) and (4), all claims in the case of personal injury or death must be forever barred unless signed by the claimant or the claimant's representative and presented in writing to the employer, the insurer, or the department within 12 months from the date of the happening of the accident, either by the claimant or someone legally authorized to act on the claimant's behalf.

(2) The insurer may waive the time requirement up to an additional 24 months upon a reasonable showing by the claimant of:

(a) lack of knowledge of disability;

(b) latent injury; or

(c) equitable estoppel.

(3) When a claimant seeks benefits for an occupational disease, the claimant's claims for benefits must be in writing, signed by the claimant or the claimant's representative, and presented to the employer, the employer's insurer, or the department within 1 year from the date that the claimant knew or should have known that the claimant's condition resulted from an occupational disease. When a beneficiary seeks benefits under this chapter, claims for death benefits must be presented in writing to the employer, the employer's insurer, or the department within 1 year from the date that the beneficiary knew or should have known that the decedent's death was related to an occupational disease.

(4) Any dispute regarding the statute of limitations for filing time is considered a dispute that, after mediation pursuant to department rules, is subject to jurisdiction of the workers' compensation court.
Mont. Code Ann. § 39-51-404 — MT Code / Title 39 / Chapter 51 / Part 4 / Section 39-51-404
39-51-404 Special administrative funds
Status: in_force

39-51-404 . Special administrative funds. (1) Money credited to the account of this state in the unemployment trust fund by the secretary of the treasury of the United States pursuant to section 903 of the Social Security Act, 42 U.S.C. 1103, as amended, may be used, pursuant to a specific appropriation by the legislature, for the payment of expenses incurred by the department for the administration of the unemployment insurance laws and public employment offices. The appropriation must specify the purposes of the appropriation and the amounts of the appropriation.

(2) The department shall maintain a separate record of the deposit, obligation, expenditure, and return of funds deposited. If any money deposited is for any reason not to be expended for the purpose for which it was appropriated or if it remains unexpended at the end of the period specified by the law appropriating the money, it must be withdrawn and returned to the secretary of the treasury of the United States for credit to this state's account in the unemployment trust fund.

(3) The following assessments must be levied against and paid by the indicated employers:

(a) 0.13% of all taxable wages paid by employers assigned a Rate Class 1, Schedules I and II, and Rate Class 2, Schedule I, contribution rate as provided in 39-51-1218 ;

(b) 0.18% of all taxable wages paid by employers assigned a contribution rate other than Rate Class 1, Schedules I and II, and Rate class 2, Schedule I, as provided in 39-51-1218 ;

(c) 0.18% of all taxable wages paid by employers assigned an industrial rate as provided in 39-51-1217 ;

(d) 0.08% of total wages paid by all employers as provided in 39-51-1124 ;

(e) 0.09% of total wages paid by all employers as provided in 39-51-1212 .

(4) All assessments and investment income must be deposited in the employment security account provided for in 39-51-409 .

(5) The following assessments and investment income from those assessments are designated to be used for the administration of the unemployment insurance program:

(a) 0.05% of all taxable wages paid by all employers as provided in 39-51-1218 ;

(b) 0.05% of all taxable wages paid by employers assigned an industry rate as provided in 39-51-1217 ;

(c) 0.03% of total wages paid by all employers as provided in 39-51-1124 ; and

(d) 0.04% of total wages paid by all employers as provided in 39-51-1212 .

(6) If unemployment insurance funding sources exceed the needs of the unemployment insurance program, all or a portion of the excess may be appropriated and used for the purposes outlined in 39-51-409 .
Mont. Code Ann. § 39-51-1206 — MT Code / Title 39 / Chapter 51 / Part 12 / Section 39-51-1206
39-51-1206 Department to provide for notification of employers of their classification and contribution rate
Status: in_force

39-51-1206 . Department to provide for notification of employers of their classification and contribution rate. (1) The department shall by rule provide for the proper notification of employers of the classification and rate of contribution applicable to their accounts. Except as provided in subsection (2), the notification is final for all purposes unless the employer files a written request with the department for a redetermination or hearing on the classification and rate of contribution within 30 days after the department sends the notice. The department may extend the 30-day period for good cause.

(2) The department may make changes in classification and rate of contribution upon an oral request for redetermination from the employer if the department finds that the department has made an error.

(3) The employer's request for a determination or redetermination pertains only to the experience factors or the major industrial classification that determines the classification and rate of contribution. The rate schedules provided by 39-51-1218 and the method of calculation provided by 39-51-1217 are not subject to appeal.
Mont. Code Ann. § 39-4-101 — MT Code / Title 39 / Chapter 4 / Part 1 / Section 39-4-101
39-4-101 Hoisting engineers
Status: in_force

39-4-101 . Hoisting engineers. (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 applies only to plants that are in continuous operation or are operated 16 or more hours in 24 hours of each day or at or in any mine in which the hoisting engine develops 15 or more horsepower or at or in any mine in which 15 or more individuals are employed underground in 24 hours of each day. However, the provisions of this section do not apply to a person or persons operating any hoisting engine more than 8 hours in each 24 hours for the purpose of relieving another employee in case of sickness or other unforeseen cause or causes.

(3) A person or persons, company, or corporation that violates any of the provisions of this section shall upon conviction be punished by a fine of not less than $10 or more than $100. Each day that the person or persons, company, or corporation continues to violate any of the provisions of this section is considered a separate and distinct offense and is punishable as a separate and distinct offense.
Mont. Code Ann. § 39-51-2402 — MT Code / Title 39 / Chapter 51 / Part 24 / Section 39-51-2402
39-51-2402 Determination -- redetermination
Status: in_force

39-51-2402 . Determination -- redetermination. (1) The department shall promptly examine a claim for benefits, and on the basis of the department's findings of fact, the department shall determine whether or not the claim is valid. If the claim is valid, the department shall determine the week the benefits commence, the weekly benefit amount payable, and the maximum benefit amount. The department may refer the claim or any question involved in the claim to an appeals referee who shall make the decision on the claim in accordance with the procedure prescribed in 39-51-2403 . The department shall promptly notify the claimant and any other interested party of its determination and the reasons for reaching the determination.

(2) The department may for good cause reconsider its determination and shall promptly notify the claimant and other interested parties of the redetermination and the reasons for the redetermination.

(3) A determination or redetermination is final unless an interested party applies for reconsideration of the determination or appeals within 10 days after the determination or redetermination was sent to the interested party's address of record. The 10-day period may be extended for good cause.

(4) Except as provided in subsection (5), a redetermination of any issue of an original determination may not be made after 2 years from the date of the original determination of that issue.

(5) A redetermination of any issue of an original determination may be made within 3 years from the date of the original determination of that issue if the original determination was based on a false claim, misrepresentation, or failure to disclose a material fact by the claimant or the employer.
Mont. Code Ann. § 39-51-2204 — MT Code / Title 39 / Chapter 51 / Part 22 / Section 39-51-2204
39-51-2204 Maximum benefit amount
Status: in_force

39-51-2204 . Maximum benefit amount. Any otherwise eligible individual is entitled during the individual's benefit year to a total amount of benefits equal to the individual's weekly benefit amount, as calculated according to 39-51-2201 , times the number of full weeks of benefit entitlement appearing in the following table in the line which includes the individual's ratio of total base period earnings to the highest quarter of earnings in the base period:

Ratio of Total Base Period Earnings to High Quarter Full Weeks

At Least But Less Than of Benefits 1.00 1.25 8 1.25 1.50 10 1.50 1.75 12 1.75 2.00 14 2.00 2.25 16 2.25 2.50 18 2.50 2.75 20 2.75 3.00 22 3.00 ....... 24
Mont. Code Ann. § 39-4-104 — MT Code / Title 39 / Chapter 4 / Part 1 / Section 39-4-104
39-4-104 Strip mining
Status: in_force

39-4-104 . Strip mining. (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 employment may not exceed 8 hours a day for employees working in strip mining unless the employer and employee agree to a workday of more than 8 hours:

(a) through a collective bargaining agreement when a collective bargaining unit represents the employee; or

(b) by mutual agreement when a collective bargaining unit is not recognized.

(3) Any person, company, corporation, or lessee of a strip mine that violates the provisions of this section shall upon conviction be punished by a fine of not less than $50 or more than $600 or by imprisonment of not more than 6 months, or both. Each day that the person, company, corporation, or lessee continues to violate the provisions of this section must be considered a separate and distinct offense and be punished as such.
Mont. Code Ann. § 39-71-2601 — MT Code / Title 39 / Chapter 71 / Part 26 / Section 39-71-2601
39-71-2601 Short title
Status: in_force

39-71-2601 . Short title. This part may be cited as the "Montana Self-Insurers Guaranty Fund Act".
Mont. Code Ann. § 39-71-521 — MT Code / Title 39 / Chapter 71 / Part 5 / Section 39-71-521
39-71-521 Burden of proof -- insurance coverage
Status: in_force

39-71-521 . Burden of proof -- insurance coverage. (1) In a proceeding brought by the department or an employer to resolve the issue of the existence of workers' compensation insurance coverage for that employer, the initial burden of proof is on the department to demonstrate that:

(a) the employer is required to have workers' compensation insurance coverage; and

(b) either:

(i) the database of the recognized agent providing proof of coverage indicates that no coverage is reported by an insurer to cover the employer's Montana operations; or

(ii) the department confirms with the insurer that reported coverage for the employer that the policy previously covering the employer's Montana operations has been canceled by that insurer.

(2) The burden then shifts to the employer to demonstrate that the employer is not required either to have workers' compensation insurance coverage or to produce a valid workers' compensation insurance policy covering the employer's Montana operations during the period of time in question. A valid workers' compensation insurance policy is one acknowledged by the insurer to be valid or adjudged to be valid by a court of competent jurisdiction.
Mont. Code Ann. § 39-3-209 — MT Code / Title 39 / Chapter 3 / Part 2 / Section 39-3-209
39-3-209 Commissioner of labor to investigate violations and institute actions for unpaid wages
Status: in_force

39-3-209 . Commissioner of labor to investigate violations and institute actions for unpaid wages. The commissioner of labor shall inquire diligently for any violations of this part and institute actions for the collection of unpaid wages and for the penalties provided for in this part in cases that the commissioner of labor considers proper and enforce generally the provisions of this part.
Mont. Code Ann. § 39-2-804 — MT Code / Title 39 / Chapter 2 / Part 8 / Section 39-2-804
39-2-804 Violation of part a misdemeanor
Status: in_force

39-2-804 . Violation of part a misdemeanor. Every person who violates any of the provisions of this part relating to the protection of discharged employees and the prevention of blacklisting is guilty of a misdemeanor.
Mont. Code Ann. § 39-2-915 — MT Code / Title 39 / Chapter 2 / Part 9 / Section 39-2-915
39-2-915 Effect of rejection of offer to arbitrate
Status: in_force

39-2-915 . Effect of rejection of offer to arbitrate. A party who makes a valid offer to arbitrate that is not accepted by the other party and who prevails in an action under this part is entitled as an element of costs to reasonable attorney fees incurred subsequent to the date of the offer.
Mont. Code Ann. § 39-71-2204 — MT Code / Title 39 / Chapter 71 / Part 22 / Section 39-71-2204
39-71-2204 Insurer to submit notice of coverage within 30 days -- penalty for failure
Status: in_force

39-71-2204 . Insurer to submit notice of coverage within 30 days -- penalty for failure. (1) The insurer shall, within 30 days after the issuance of a policy of workers' compensation insurance, submit to the department the notice of coverage stating the effective date of the policy insuring the employer and other information that may be required by the department. Notice to the department under this section must be provided electronically.

(2) The department:

(a) may recognize the advisory organization designated under 33-16-1023 or recognize other organizations as agents for authorized workers' compensation insurers in Montana; and

(b) shall, under terms and conditions acceptable to the department, accept notice of coverage received from the agents recognized under subsection (2)(a) as the insurer's notice of coverage.

(3) The department may, in its discretion, assess a penalty of not more than $200 against an insurer that does not comply with the 30-day notice requirement set forth in subsection (1). The penalty may be assessed for each policy that is not reported to the department in a timely manner.
Mont. Code Ann. § 39-71-721 — MT Code / Title 39 / Chapter 71 / Part 7 / Section 39-71-721
39-71-721 Compensation for injury causing death -- limitation
Status: in_force

39-71-721 . Compensation for injury causing death -- limitation. (1) (a) If an injured employee dies and the injury was the proximate cause of the death, the beneficiary of the deceased is entitled to the same compensation as though the death occurred immediately following the injury. A beneficiary's eligibility for benefits commences after the date of death, and the benefit level is established as set forth in subsection (2).

(b) The insurer is entitled to recover any overpayments or compensation paid in a lump sum to a worker prior to death but not yet recouped. The insurer shall recover the payments from the beneficiary's biweekly payments as provided in 39-71-741 (5).

(2) To beneficiaries as defined in 39-71-116 (4)(a) through (4)(d), weekly compensation benefits for an injury causing death are 66 2/3% of the decedent's wages. The maximum weekly compensation benefit may not exceed the state's average weekly wage at the time of injury. The minimum weekly compensation benefit is 50% of the state's average weekly wage, but in no event may it exceed the decedent's actual wages at the time of death.

(3) To beneficiaries as defined in 39-71-116 (4)(e) and (4)(f), weekly benefits must be paid to the extent of the dependency at the time of the injury, subject to a maximum of 66 2/3% of the decedent's wages. The maximum weekly compensation may not exceed the state's average weekly wage at the time of injury.

(4) If the decedent leaves no beneficiary, a lump-sum payment of $3,000 must be paid to the decedent's surviving parent or parents.

(5) If any beneficiary of a deceased employee dies, the right of the beneficiary to compensation under this chapter ceases. Death benefits must be paid to a surviving spouse for 500 weeks subsequent to the date of the deceased employee's death or until the spouse's remarriage, whichever occurs first. After benefit payments cease to a surviving spouse, death benefits must be paid to beneficiaries, if any, as defined in 39-71-116 (4)(b) through (4)(d).

(6) In all cases, benefits must be paid to beneficiaries.

(7) Benefits paid under this section may not be adjusted for cost of living as provided in 39-71-702 .
Mont. Code Ann. § 39-73-106 — MT Code / Title 39 / Chapter 73 / Part 1 / Section 39-73-106
39-73-106 Investigation of applications
Status: in_force

39-73-106 . Investigation of applications. (1) Whenever the department of labor and industry under this chapter receives an application for a payment, an investigation and record shall be promptly made of the validity of the claim. The object of such investigation shall be to ascertain whether or not the applicant is entitled to a payment under the provisions of this chapter and such other information as may be required by the rules of the department. The investigation of such applicant shall be conducted by representatives of the department. The physicians or physician designated by the department, as herein provided, shall constitute an examining board for such clinical, pathological, x-ray, and roentgen examinations as in the opinion of the examining board may be necessary to determine whether or not the applicant has silicosis, as herein defined. A certified report of such examination from the examining board of physicians or physician must be attached to the investigation report.

(2) Upon the completion of such investigation, the department shall determine whether or not the applicant is entitled to a payment under this chapter. The department shall then notify the applicant of its decision.
Mont. Code Ann. § 39-30-201 — MT Code / Title 39 / Chapter 30 / Part 2 / Section 39-30-201
39-30-201 Employment preference in initial hiring
Status: in_force

39-30-201 . Employment preference in initial hiring. (1) Except as provided in 10-2-402 and subsection (3) of this section, in an initial hiring for a position, if a job applicant who is a person with a disability or eligible spouse meets the eligibility requirements contained in 39-30-202 and claims a preference as required by 39-30-206 , a public employer shall hire the applicant over any other applicant with substantially equal qualifications who is not a preference-eligible applicant.

(2) The employment preference provided for in subsection (1) does not apply to a personnel action described in 39-30-103 (2)(b) or to any other personnel action that is not an initial hiring.

(3) To minimize confusion between 39-29-102 and this section, if a public employer in an initial hiring for a position uses a scoring procedure, the employer shall follow the guidelines in 39-29-102 if an applicant requests a veterans' or disabled veterans' preference. If a scoring procedure is not used, the employer shall provide preference first to a disabled veteran, then to a person with a disability, a veteran, an eligible relative as defined in 39-29-101 , and an eligible spouse as defined in 39-30-103 , in that order, over any applicant that does not have preference eligibility and that has substantially equal qualifications.
Mont. Code Ann. § 39-71-711 — MT Code / Title 39 / Chapter 71 / Part 7 / Section 39-71-711
39-71-711 Impairment evaluation -- ratings
Status: in_force

39-71-711 . Impairment evaluation -- ratings. (1) An impairment rating:

(a) is a purely medical determination and must be determined by an impairment evaluator after a claimant has reached maximum healing;

(b) must be based on the sixth edition of the American medical association Guides to the Evaluation of Permanent Impairment;

(c) must be expressed as a percentage of the whole person; and

(d) must be established by objective medical findings and may not be based exclusively on complaints of pain.

(2) A claimant or insurer, or both, may obtain an impairment rating from an evaluator if the injury falls within the scope of the evaluator's practice and if the evaluator is one of the following:

(a) a physician or an osteopath licensed under Title 37, chapter 3, with admitting privileges to practice in one or more hospitals, if any, in the area where the physician or osteopath is located;

(b) a chiropractor licensed under Title 37, chapter 12;

(c) a physician assistant licensed under Title 37, chapter 20;

(d) a dentist licensed under Title 37, chapter 4;

(e) an advanced practice registered nurse licensed under Title 37, chapter 8; or

(f) for a claimant residing out of state or upon approval of the insurer, an evaluator referred to in subsections (2)(a) through (2)(e) who is licensed or certified in another state.

(3) If the claimant and insurer cannot agree upon the rating, the mediation procedure in Title 39, chapter 71, part 24, must be followed.

(4) Disputes over impairment ratings are subject to the provisions of 39-71-605 .
Mont. Code Ann. § 39-51-603 — MT Code / Title 39 / Chapter 51 / Part 6 / Section 39-51-603
39-51-603 Employing unit to keep records and make reports -- confidentiality -- rules
Status: in_force

39-51-603 . Employing unit to keep records and make reports -- confidentiality -- rules. (1) Each employing unit shall keep true and accurate work records containing the information that the department may prescribe. Those records must be open to inspection and audit and may be copied by the department or its authorized representative at any reasonable time and as often as may be necessary. An employing unit that maintains its records outside Montana shall furnish a copy of those records to the department at the employing unit's expense or shall pay the department for the costs associated with conducting the audit outside Montana.

(2) The department and the presiding officer of any appeal tribunal may require from any employing unit any sworn or unsworn reports with respect to persons employed by it that the department considers necessary for the effective administration of this chapter.

(3) Information obtained from any individual under this chapter must, except to the individual claimant to the extent necessary for the proper presentation of a claim, be held confidential and may not be published or be open to public inspection, except to public employees in the performance of their public duties, in any manner revealing the individual's or employing unit's identity, but any claimant or the claimant's legal representative at a hearing before the board or appeal tribunal must be supplied with information from the records to the extent necessary for the proper presentation of the claim.

(4) In order to prevent the misuse of personal and other sensitive information collected by the department in the administration of the unemployment insurance laws, the department shall adopt rules providing for confidentiality of unemployment insurance information, including the circumstances and conditions under which information may be disclosed to appropriate persons and government agencies. The rules must be consistent with federal requirements regarding confidentiality and disclosure of unemployment insurance information.

(5) (a) Any employee or member of the department or any other state or local government employee who violates any provision of this section shall be fined not less than $20 or more than $200 or shall be imprisoned for not longer than 90 days, or both.

(b) Any person other than those described in subsection (5)(a) who receives information from the department may use the disclosed information only for purposes authorized by law. A person who violates the provisions of this subsection (5)(b) is subject to the penalties provided for in subsection (5)(a).
Mont. Code Ann. § 39-7-101 — MT Code / Title 39 / Chapter 7 / Part 1 / Section 39-7-101
39-7-101 Legislative policy
Status: in_force

39-7-101 . Legislative policy. 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.
Mont. Code Ann. § 39-71-4002 — MT Code / Title 39 / Chapter 71 / Part 40 / Section 39-71-4002
39-71-4002 Purpose and intent
Status: in_force

39-71-4002 . Purpose and intent. The purpose of this part is to assist catastrophically injured workers and their families by providing that funds raised by community service organizations may be matched with funds from insurers to help the workers and their families defray the costs of travel and lodging expenses incurred by family members or, if a family member is unavailable, by a person designated by the injured worker or approved by the insurer when traveling to be with the worker.
Mont. Code Ann. § 39-71-4004 — MT Code / Title 39 / Chapter 71 / Part 40 / Section 39-71-4004
39-71-4004 Catastrophically injured worker's travel assistance program -- rulemaking authority
Status: in_force

39-71-4004 . Catastrophically injured worker's travel assistance program -- rulemaking authority. (1) Pursuant to subsection (3), the department of labor and industry shall establish criteria to certify that the funds raised by community service organizations are eligible for matching funds from an insurer.

(2) Money raised by community service organizations to pay travel expenses for a catastrophically injured worker pursuant to this section may not be used by community service organizations to require matching funds by an insurer in an amount greater than $2,500 for each catastrophic injury.

(3) The department shall adopt rules to administer 39-71-704 and this section.
Mont. Code Ann. § 39-51-2510 — MT Code / Title 39 / Chapter 51 / Part 25 / Section 39-51-2510
39-51-2510 Total extended benefit amount
Status: in_force

39-51-2510 . Total extended benefit amount. The total extended benefit amount payable to an eligible individual with respect to that individual's applicable benefit year must be the least of the following amounts:

(1) 50% of the total amount of regular benefits that were payable to the individual under this chapter in the individual's applicable benefit year;

(2) 13 times the individual's weekly benefit amount that was payable to the individual under this chapter for a week of total unemployment in the individual's applicable benefit year; or

(3) 39 times the individual's weekly benefit amount, less the amount of regular benefits paid or considered paid during the individual's applicable benefit year.
Mont. Code Ann. § 39-8-305 — MT Code / Title 39 / Chapter 8 / Part 3 / Section 39-8-305
39-8-305 Investigations -- audits -- reviews
Status: in_force

39-8-305 . Investigations -- audits -- reviews. (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), material compiled by the department or its agent in an investigation, audit, or review pursuant to this section is a public record and may be disclosed.

(3) Financial information, client lists, and lists of workers that are assigned by a professional employer organization or group and that are obtained by the department or its agent during an investigation, audit, or review are confidential and may not be published or be open to public inspection, except to public employees in the performance of their public duties.
Mont. Code Ann. § 39-3-403 — MT Code / Title 39 / Chapter 3 / Part 4 / Section 39-3-403
39-3-403 Rulemaking authority
Status: in_force

39-3-403 . Rulemaking authority. The commissioner shall adopt and revise administrative rules to carry out the purposes of this part.
Mont. Code Ann. § 39-3-211 — MT Code / Title 39 / Chapter 3 / Part 2 / Section 39-3-211
39-3-211 Commissioner of labor to take wage assignments
Status: in_force

39-3-211 . Commissioner of labor to take wage assignments. Whenever the commissioner of labor determines that one or more employees have claims for unpaid wages, the commissioner of labor shall, upon the written request of the employee, take an assignment of the claim in trust for the employee and may maintain any proceeding appropriate to enforce the claim, including liquidated damages pursuant to this part. With the written consent of the assignor, the commissioner of labor may settle or adjust any claim assigned pursuant to this section.
Mont. Code Ann. § 39-2-1603 — MT Code / Title 39 / Chapter 2 / Part 16 / Section 39-2-1603
39-2-1603 Employer verification of employee
Status: in_force

39-2-1603 . Employer verification of employee. (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

(b) a completed form I-9 with corresponding documents that establish both identity and employment authorization.

(2) An employer who has utilized the e-verify system to determine the employment eligibility of an employee is presumed to have done so in good faith and is not subject to a penalty because of the reliance on the accuracy of the e-verify system.
Mont. Code Ann. § 39-71-402 — MT Code / Title 39 / Chapter 71 / Part 4 / Section 39-71-402
39-71-402 Extraterritorial applicability and reciprocity of coverage -- agreements with other states -- rulemaking
Status: in_force

39-71-402 . Extraterritorial applicability and reciprocity of coverage -- agreements with other states -- rulemaking. (1) (a) In the absence of an agreement under subsection (2), if a worker employed in this state who is subject to the provisions of this chapter temporarily leaves this state incidental to that employment and receives an injury arising out of and in the course of employment, the provisions of this chapter apply to the worker as though the worker were injured within this state.

(b) Except as provided in subsection (1)(c) and in the absence of an agreement under subsection (2), if a worker from another state and the worker's employer from another state are temporarily engaged in work within this state, this chapter does not apply to them:

(i) if the employer and employee are bound by the provisions of the workers' compensation law or similar law of the other state that applies to them while they are temporarily engaged in work in the state of Montana; and

(ii) if the Workers' Compensation Act of this state is recognized and given effect as the exclusive remedy for workers employed in this state who are injured while temporarily engaged in work in the other state.

(c) Unless specifically addressed in an agreement as provided in subsection (2)(d), employers from another state that are engaged in the construction industry, as defined in 39-71-116 , and that employ workers from another state shall obtain coverage for those workers under the provisions of this chapter.

(2) (a) The department, with the approval of the governor, may enter into a reciprocal agreement with an authorized officer of the workers' compensation department or similar agency of another state to allow an employer from one state and its employees from that state to work in the other state without obtaining workers' compensation coverage from both states.

(b) The reciprocal agreement must contain, at a minimum, the following provisions:

(i) the employer and employee must be bound by the provisions of the workers' compensation law or similar law of the other state that applies to them while they are engaged in work in the state of Montana; and

(ii) the Workers' Compensation Act of this state must be recognized and given effect as the exclusive remedy for workers employed in this state who are injured while engaged in work in the other state.

(c) The agreement may contain other provisions, including but not limited to provisions regarding how long the work may continue and whether limitations or exclusions apply to the types of work covered by the agreement.

(d) Unless the agreement specifically provides that the agreement is applicable to employers engaged in the construction industry, as defined in 39-71-116 , an employer from another state engaged in the construction industry in Montana does not qualify for extraterritorial coverage that might otherwise be provided by this section.

(e) The agreement may be canceled, renewed, or modified from time to time as provided in the agreement.

(f) After an agreement has been entered into pursuant to this subsection (2), a certificate from an authorized officer of the workers' compensation department or similar agency of another state certifying that an employer of the other state is bound by the Workers' Compensation Act of the state and that its act will be applied to employees of the employer while engaged in work in the state of Montana is prima facie evidence that:

(i) the workers' compensation law of the certifying state applies to the employer and its employees while engaged in work in Montana; and

(ii) the employer is properly insured for workers' compensation purposes in the certifying state as of the date of the certification.

(3) The department may adopt rules to implement this section.
Mont. Code Ann. § 39-71-603 — MT Code / Title 39 / Chapter 71 / Part 6 / Section 39-71-603
39-71-603 Notice of injuries other than death to be submitted within 30 days -- exception
Status: in_force

39-71-603 . Notice of injuries other than death to be submitted within 30 days -- exception. (1) A claim to recover benefits under the Workers' Compensation Act for injuries not resulting in death may not be considered compensable unless, within 30 days after the occurrence of the accident that is claimed to have caused the injury, notice of the time and place where the accident occurred and the nature of the injury is given to the employer or the employer's insurer by the injured employee or someone on the employee's behalf. Actual knowledge of the accident and injury on the part of the employer or the employer's managing agent or superintendent in charge of the work in which the injured employee was engaged at the time of the injury is equivalent to notice.

(2) If a sole proprietor, partner, manager of a manager-managed limited liability company, member of a member-managed limited liability company, or corporate officer covered under this chapter is injured in an accident, the sole proprietor, partner, manager, member, or corporate officer or an appointed designee shall, within 30 days, notify the insurer of the time and location of the accident and the nature of the injury.

(3) This section does not apply to occupational diseases.
Mont. Code Ann. § 39-4-107 — MT Code / Title 39 / Chapter 4 / Part 1 / Section 39-4-107
39-4-107 State and municipal governments and school districts
Status: in_force

39-4-107 . State and municipal governments and school districts. (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 having a taxable valuation of less than $10 million, engineers, firefighters, caretakers, custodians, and laborers employed in or about any buildings, works, or grounds used or occupied for any purpose by a municipal, county, or state government or first-class school district. This subsection does not apply in the event of an emergency when life or property is in imminent danger or to the situations specified in subsections (3) and (4).

(2) The provisions of subsection (1) do not apply to firefighters who are working a work period established in a collective bargaining agreement entered into between a public employer and a firefighters' organization or its exclusive representative.

(3) In counties where regular road and bridge departments are maintained, the county commissioners may, with the approval of the employees or their constituted representative, establish a 40-hour workweek consisting of 4 consecutive 10-hour days. An employee may not be required to work in excess of 8 hours in any one workday if the employee is opposed to working more than 8 hours.

(4) In municipal and county governments, the employer and employee may agree to a workday of more than 8 hours and to a 7-day, 40-hour work period:

(a) through a collective bargaining agreement when a collective bargaining unit represents the employee; or

(b) by mutual agreement when a bargaining unit is not recognized.
Mont. Code Ann. § 39-51-2305 — MT Code / Title 39 / Chapter 51 / Part 23 / Section 39-51-2305
39-51-2305 Disqualification when unemployment because of strike
Status: in_force

39-51-2305 . Disqualification when unemployment because of strike. (1) An individual must be disqualified for benefits for any week with respect to which the department finds that the individual's total unemployment is due to a strike that exists because of a labor dispute at the factory, establishment, or other premises at which the individual is or was last employed. However, this subsection does not apply if it is shown to the satisfaction of the department that the individual:

(a) is not participating in or financing or directly interested in the labor dispute that caused the strike; and

(b) does not belong to a grade or class of workers of which, immediately before the commencement of the strike, there were members employed at the premises at which the strike occurs, any of whom are participating in or financing or directly interested in the dispute.

(2) If in any case separate branches of work that are commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each department must, for the purpose of this section, be considered to be a separate factory, establishment, or other premises.

(3) If the department, upon investigation, finds that the labor dispute is caused by the failure or refusal of any employer to conform to the provisions of any law of the state in which the labor dispute occurs or of the United States pertaining to collective bargaining, hours, wages, or other conditions of work, the labor dispute may not render the workers ineligible for benefits.
Mont. Code Ann. § 39-8-201 — MT Code / Title 39 / Chapter 8 / Part 2 / Section 39-8-201
39-8-201 License required -- exemption -- rulemaking authority
Status: in_force

39-8-201 . License required -- exemption -- rulemaking authority. (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 may be subject to the penalties provided in 39-8-302 .

(2) The provisions of this chapter do not apply to a labor organization, the state or its political subdivisions, the United States, or any programs or agencies of those entities.

(3) A license issued under this chapter remains the property of the department and may not be transferred.

(4) The department may adopt rules to implement the provisions of this chapter.
Mont. Code Ann. § 39-8-401 — MT Code / Title 39 / Chapter 8 / Part 4 / Section 39-8-401
39-8-401 Disclosure of information
Status: in_force

39-8-401 . Disclosure of information. (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 response to an order received by a court of competent jurisdiction upon a finding that the disclosure of the record, statement, or document is necessary because the merits of disclosure clearly exceed the demand for individual privacy.

(2) The department may publish or make available to the public reasonable statistical data or reports regarding professional employer organizations or groups if the data or reports protect the identity of an applicant, client, or professional employer organization or group.
Mont. Code Ann. § 39-71-119 — MT Code / Title 39 / Chapter 71 / Part 1 / Section 39-71-119
39-71-119 Injury and accident defined
Status: in_force

39-71-119 . Injury and accident defined. (1) "Injury" or "injured" means:

(a) internal or external physical harm to the body that is established by objective medical findings;

(b) damage to prosthetic devices;

(c) damage to appliances, except for damage to eyeglasses, contact lenses, dentures, or hearing aids; or

(d) death.

(2) An injury is caused by an accident. An accident is:

(a) an unexpected traumatic incident or unusual strain;

(b) identifiable by time and place of occurrence;

(c) identifiable by member or part of the body affected; and

(d) caused by a specific event on a single day or during a single work shift.

(3) "Injury" or "injured" does not mean a physical or mental condition arising from:

(a) emotional or mental stress; or

(b) a nonphysical stimulus or activity.

(4) "Injury" or "injured" does not include a disease that is not caused by an accident.

(5) (a) A cardiovascular, pulmonary, respiratory, or other disease, cerebrovascular accident, or myocardial infarction suffered by a worker is an injury only if the accident is the primary cause of the physical condition in relation to other factors contributing to the physical condition.

(b) "Primary cause", as used in subsection (5)(a), means a cause that, with a reasonable degree of medical certainty, is responsible for more than 50% of the physical condition.
Mont. Code Ann. § 39-7-304 — MT Code / Title 39 / Chapter 7 / Part 3 / Section 39-7-304
39-7-304 Multipurpose service programs for displaced homemakers -- administrators
Status: in_force

39-7-304 . Multipurpose service programs for displaced homemakers -- administrators. (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) The commissioner shall contract with an administrator for each program.
Mont. Code Ann. § 39-2-403 — MT Code / Title 39 / Chapter 2 / Part 4 / Section 39-2-403
39-2-403 Duties of employee for own benefit
Status: in_force

39-2-403 . Duties of employee for own benefit. 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.
Mont. Code Ann. § 39-71-725 — MT Code / Title 39 / Chapter 71 / Part 7 / Section 39-71-725
39-71-725 Payment of burial expense
Status: in_force

39-71-725 . Payment of burial expense. There must be paid, in case of the death of an employee whose death is the result of an accidental injury arising out of the employment and happening in the course of the employment, the reasonable burial expenses of the employee not exceeding $10,000. The payment is not a part of the compensation that might be paid but is a benefit in addition to and separate from compensation.
Mont. Code Ann. § 39-71-1502 — MT Code / Title 39 / Chapter 71 / Part 15 / Section 39-71-1502
39-71-1502 Purpose
Status: in_force

39-71-1502 . Purpose. The purpose of this part is to reduce the incidence of occupational injury and illness by promoting safety in the workplace in order to control the costs of claims for workers' compensation insurance. The creation of a safety culture requires employers to provide training and education to make safety awareness part of the requirement for each worker's satisfactory job performance and requires the department to promote safety awareness for the public through the education and preparation of each student for entrance into the labor market. A reduction in workplace injuries, illnesses, and deaths through enhanced safety on the job benefits the public as well as the employers and the employees by lowering both financial and physical costs. Ensuring immunity to insurers in the provision of safety consultation services encourages and promotes safety in the workplace and improves the relationship between employers and employees.
Mont. Code Ann. § 39-71-2339 — MT Code / Title 39 / Chapter 71 / Part 23 / Section 39-71-2339
39-71-2339 Cancellation of coverage -- 20-day notice required
Status: in_force

39-71-2339 . Cancellation of coverage -- 20-day notice required. (1) The state fund may cancel an employer's coverage under this part for failure to report payroll or pay the premiums due or for another cause provided in the insurance policy. Cancellation may take effect only by written notice to the named insured and the department at least 20 days prior to the date of cancellation or, in cases of nonreporting of payroll or nonpayment of a premium, by failure of the employer to submit payroll reports or pay a premium within 20 days after the due date. The state fund shall notify the department of the names and effective dates of all policies canceled. However, the policy terminates on the effective date of a replacement or succeeding insurance policy issued to the insured. This section does not prevent the state fund from canceling an insurance policy before a replacement policy is issued to the insured. After the cancellation date, the employer has the same status as an employer who is not enrolled under the Workers' Compensation Act unless a replacement or succeeding insurance policy has been issued. Notice to the department under this section must be provided electronically.

(2) The department:

(a) may recognize the advisory organization designated under 33-16-1023 or recognize other organizations as agents for the state fund; and

(b) shall, under terms and conditions acceptable to the department, accept notice of cancellation received from the agents recognized under subsection (2)(a) as the state fund's notice of cancellation.

(3) (a) The department may assess a penalty of up to $200 against the state fund if it does not comply with the notice requirement in subsection (1).

(b) The penalty may be assessed for each policy cancellation that is not reported to the department in a timely manner.

(c) The state fund may contest the penalty assessment in a hearing conducted according to department rules.
Mont. Code Ann. § 39-8-303 — MT Code / Title 39 / Chapter 8 / Part 3 / Section 39-8-303
39-8-303 Practice without license -- investigation of complaint -- injunction
Status: in_force

39-8-303 . Practice without license -- investigation of complaint -- injunction. (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 organization or group.
Mont. Code Ann. § 39-71-713 — MT Code / Title 39 / Chapter 71 / Part 7 / Section 39-71-713
39-71-713 Compensation for occupational diseases and medical benefits -- diminution of compensation
Status: in_force

39-71-713 . Compensation for occupational diseases and medical benefits -- diminution of compensation. (1) Compensation for occupational diseases must be equal to the compensation and medical benefits provided for injuries in this chapter.

(2) When the same medical condition may be claimed as an injury and an occupational disease, compensation payable to the claimant, the claimant's beneficiaries, or the claimant's dependents may not be duplicated for the same conditions over the same time period.
Mont. Code Ann. § 39-7-303 — MT Code / Title 39 / Chapter 7 / Part 3 / Section 39-7-303
39-7-303 Definitions
Status: in_force

39-7-303 . Definitions. 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 primarily without remuneration to care for the home and family and for that reason has diminished marketable skills and who has been dependent on public assistance or on the income of a relative but is no longer supported by that income; or

(b) (i) is a parent whose youngest dependent child will become ineligible to receive cash assistance, as defined in 53-4-201 , pursuant to Title 53, chapter 4, part 2, within 2 years of the parent's application for displaced homemaker assistance;

(ii) is unemployed or underemployed and is experiencing difficulty in obtaining any employment or suitable employment, as appropriate; or

(iii) meets the qualifications described in subsection (3)(a) or (3)(b) and is a criminal offender.
Mont. Code Ann. § 39-71-724 — MT Code / Title 39 / Chapter 71 / Part 7 / Section 39-71-724
39-71-724 Payment of compensation to beneficiary not a resident of United States
Status: in_force

39-71-724 . Payment of compensation to beneficiary not a resident of United States. (1) Before payment of compensation to a beneficiary who is not residing within the United States, satisfactory proof of the relationship as to constitute a beneficiary under this chapter must be furnished by the beneficiary, authenticated under seal of an officer of a court of law in the country where the beneficiary resides. The proof is conclusive as to the identity of the beneficiary, and any other claim of any other person to any compensation is barred from and after the filing of the proof.

(2) Payment of compensation to a beneficiary not residing within the United States may be made to any plenipotentiary, consul, or consular agent within the United States representing the country in which the nonresident beneficiary resides, and the written receipt of the plenipotentiary, consul, or consular agent acquits the employer or the insurer.
Mont. Code Ann. § 39-33-105 — MT Code / Title 39 / Chapter 33 / Part 1 / Section 39-33-105
39-33-105 Violation
Status: in_force

39-33-105 . Violation. Violation of any of the provisions of this part shall be punishable by a fine of $50.
Mont. Code Ann. § 39-2-409 — MT Code / Title 39 / Chapter 2 / Part 4 / Section 39-2-409
39-2-409 Preference to be given to employer's business
Status: in_force

39-2-409 . Preference to be given to employer's business. An employee who has any business to transact on the employee's own account similar to that entrusted to the employee by the employee's employer shall always give the employer's business the preference.
Mont. Code Ann. § 39-3-515 — MT Code / Title 39 / Chapter 3 / Part 5 / Section 39-3-515
39-3-515 Publication of notice of court order
Status: in_force

39-3-515 . Publication of notice of court order. 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 consecutive weeks. The cost of such publication shall be assessed against the employer as one of the costs of the proceeding.
Mont. Code Ann. § 39-51-505 — MT Code / Title 39 / Chapter 51 / Part 5 / Section 39-51-505
39-51-505 Access to governmental records
Status: in_force

39-51-505 . Access to governmental records. Upon request by the department, a state or local government agency, including the units of the university system, or a state or local government official or employee shall cooperate by supplying the department with information that would aid in the administration of this chapter. The department may use the information only for administration of this chapter. Any confidential information provided to the department remains confidential and may not be published or open to public inspection unless specifically required in the performance of the employee's duties.
Mont. Code Ann. § 39-3-203 — MT Code / Title 39 / Chapter 3 / Part 2 / Section 39-3-203
39-3-203 Employer to notify employee on written demand as to rate of wages and date of paydays
Status: in_force

39-3-203 . Employer to notify employee on written demand as to rate of wages and date of paydays. (1) Each employer or an authorized representative of the employer shall, on written demand, prior to the commencing of work, notify each employee as to the rate of wages to be paid, whether by the hour, day, week, month, or year, and date of paydays. Such notification must be in writing to each employee or by posting of notice in a conspicuous place.

(2) The provisions of this section do not apply to an employer who has entered into a signed collective bargaining agreement, when such agreement contains conditions of employment, wages to be received, and hours to be worked, or to employers engaged in agriculture or stockraising; provided, however, such employers shall comply with the provisions of 39-3-205 .
Mont. Code Ann. § 39-51-2105 — MT Code / Title 39 / Chapter 51 / Part 21 / Section 39-51-2105
39-51-2105 Qualifying wages
Status: in_force

39-51-2105 . Qualifying wages. To qualify for benefits, an individual must have been paid total wages for employment in the base period in an amount:

(1) not less than 1 1/2 times the wages earned in the calendar quarter in which wages were the highest during the base period; however, the total wages in the base period must be equal to or greater than 7% of the average annual wage described in 39-51-2201 ; or

(2) equal to or greater than 50% of the average annual wage described in 39-51-2201 .
Mont. Code Ann. § 39-71-211 — MT Code / Title 39 / Chapter 71 / Part 2 / Section 39-71-211
39-71-211 Fraud detection and prevention unit -- expenditure accounting
Status: in_force

39-71-211 . Fraud detection and prevention unit -- expenditure accounting. (1) The state fund shall establish a fraud prevention and detection unit. The unit is responsible for developing detection and prevention procedures, providing detection services, and providing training in the prevention and detection of fraudulent conduct under this chapter that is subject to prosecution under Title 45. The unit shall refer all cases of suspected fraudulent conduct to the workers' compensation fraud investigation and prosecution office established in 2-15-2015 .

(2) The state fund shall expend money to investigate fraud pursuant to this section and shall separately account for money expended.
Mont. Code Ann. § 39-71-604 — MT Code / Title 39 / Chapter 71 / Part 6 / Section 39-71-604
39-71-604 Application for compensation -- disclosure and communication without prior notice of health care information
Status: in_force

39-71-604 . Application for compensation -- disclosure and communication without prior notice of health care information. (1) If a worker is entitled to benefits under this chapter, the worker shall file with the insurer all reasonable information needed by the insurer to determine compensability. It is the duty of the worker's attending physician to lend all necessary assistance in making application for compensation and proof of other matters that may be required by the rules of the department without charge to the worker. The filing of forms or other documentation by the attending physician does not constitute a claim for compensation.

(2) A signed claim for workers' compensation or occupational disease benefits authorizes disclosure to the workers' compensation insurer, as defined in 39-71-116 , or to the agent of a workers' compensation insurer by the health care provider. The disclosure authorized by this subsection authorizes the physician or other health care provider to disclose or release only information relevant to the claimant's condition. Health care information relevant to the claimant's condition may include past history of the complaints of or the treatment of a condition that is similar to that presented in the claim, conditions for which benefits are subsequently claimed, other conditions related to the same body part, or conditions that may affect recovery. A release of information related to workers' compensation must be consistent with the provisions of this subsection. Authorization under this section is effective only as long as the claimant is claiming benefits. This subsection may not be construed to restrict the scope of discovery or disclosure of health care information, as allowed under the Montana Rules of Civil Procedure, by the workers' compensation court or as otherwise provided by law.

(3) A signed claim for workers' compensation or occupational disease benefits or a signed release authorizes a workers' compensation insurer, as defined in 39-71-116 , or the agent of the workers' compensation insurer to communicate with a physician or other health care provider about relevant health care information, as authorized in subsection (2), by telephone, letter, electronic communication, in person, or by other means, about a claim and to receive from the physician or health care provider the information authorized in subsection (2) without prior notice to the injured employee, to the employee's authorized representative or agent, or in the case of death, to the employee's personal representative or any person with a right or claim to compensation for the injury or death.

(4) If death results from an injury, the parties entitled to compensation or someone in their behalf shall file a claim with the insurer. The claim must be accompanied with proof of death and proof of relationship, showing the parties entitled to compensation, certificate of the attending physician, if any, and such other proof as may be required by the department.
Mont. Code Ann. § 39-4-112 — MT Code / Title 39 / Chapter 4 / Part 1 / Section 39-4-112
39-4-112 Persons employed about public amusements
Status: in_force

39-4-112 . Persons employed about public amusements. (1) A period of not to exceed 8 hours constitutes a day's work and a period of not to exceed 48 hours constitutes a week's work for persons employed or working in or participating in and about any carnival, circus, derby show, walkathon, marathon dance, marathon race, marathon walk, or other endurance contest by whatever name it may be called within the state. The hours of work must be so arranged that persons employed in or participating or contesting in an exhibition, show, or contest may not be on duty more than 8 hours in the aggregate of any 12 consecutive hours. The persons must have at least 12 consecutive hours off duty.

(2) The provisions of this section do not apply to a traveling circus or carnival that does not remain in any one county of the state for a period of more than 3 days and does not apply to a person working more than 8 hours in each 12 hours for the purpose of relieving another employee in case of sickness or when a breakdown in machinery occurs or when life or property is in imminent danger.

(3) A person, corporation, agent, manager, employer, employee, contestant, or participant who violates the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished for the first offense by a fine of not less than $50. For a second offense, the person or entity shall be punished by a fine of not less than $100 or more than $500 or by imprisonment in the county jail for not less than 90 days or more than 6 months, or both. For a third or subsequent offense, the person or entity shall be punished by a fine of $500 and by imprisonment in the county jail for a term of 6 months. Each day's violation of this section constitutes a separate offense within the meaning of this section.
Mont. Code Ann. § 39-71-1041 — MT Code / Title 39 / Chapter 71 / Part 10 / Section 39-71-1041
39-71-1041 Stay-at-work/return-to-work goals and options -- notification by department -- agreement between worker and insurer
Status: in_force

39-71-1041 . Stay-at-work/return-to-work goals and options -- notification by department -- agreement between worker and insurer. (1) The goal of stay-at-work/return-to-work assistance is to minimize avoidable disruption caused by a work-related injury or occupational disease by assisting the worker in the worker's return to the same position with the same employer or to a modified position with the same employer as soon as possible after an injury or an occupational disease occurs.

(2) To further the goal in subsection (1), the department shall, upon receipt from the insurer of a report of injury or occupational disease pursuant to 39-71-307 (2), distribute to the worker a document that describes the stay-at-work/return-to-work assistance that is available upon request by the worker.

(3) Services provided as part of stay-at-work/return-to-work assistance are provided in addition to or prior to rehabilitation services and are intended to help a worker return to work.
Mont. Code Ann. § 39-71-2602 — MT Code / Title 39 / Chapter 71 / Part 26 / Section 39-71-2602
39-71-2602 Purpose -- construction
Status: in_force

39-71-2602 . Purpose -- construction. (1) The purposes of this part are to provide a mechanism for the payment of covered workers' compensation claims of employers bound by compensation plan No. 1 who are unable to pay the claims because of insolvency, to establish a fund from which the claims may be paid, and to establish a board to assess the cost of the protection among those employers.

(2) This part must be liberally construed to effect its purposes. The statement of its purposes constitutes an aid and a guide to the act's interpretation.
Mont. Code Ann. § 39-74-104 — MT Code / Title 39 / Chapter 74 / Part 1 / Section 39-74-104
39-74-104 Definitions
Status: in_force

39-74-104 . Definitions. As used in this chapter, the following definitions apply:

(1) "Critical incident" means an event that results in acute or cumulative psychological stress or trauma to an emergency service provider as a result of response to the incident.

(2) "Critical incident stress" means an unusually strong emotional, cognitive, or physical reaction that has the potential to interfere with normal functioning and that results from the response to a critical incident. This may include but is not limited to physical and emotional illness, failure of usual coping mechanisms, loss of interest in the job, personality changes, or loss of ability to function.

(3) "Critical incident stress management" means a process of crisis intervention designed to assist emergency service personnel in coping with the psychological trauma resulting from response to a critical incident.

(4) "Critical incident stress management and response services" means consultation, counseling, debriefing, defusing, intervention services, management, prevention, and referral provided by a critical incident stress management team member to emergency service personnel.

(5) "Critical incident stress management team" means the group of one or more trained volunteers or paid professionals who offer critical incident stress management and response services following a critical incident.

(6) "Critical incident stress management team member" or "team member" means an individual specially trained to provide critical incident stress management and response services as a member of an organized team or emergency services provider agency.

(7) "Emergency service provider" or "emergency service personnel" means a law enforcement officer, firefighter, emergency medical service provider, dispatcher, rescue service provider, or other personnel who provide emergency response services.
Mont. Code Ann. § 39-71-1507 — MT Code / Title 39 / Chapter 71 / Part 15 / Section 39-71-1507
39-71-1507 Safety consultation services -- safety program as provision of insurance contract or agreement
Status: in_force

39-71-1507 . Safety consultation services -- safety program as provision of insurance contract or agreement. (1) Each insurer shall provide safety consultation services to each of its insured employers who request the assistance.

(2) The safety consultation services to be provided are within the discretion of the insurer but must include consideration of the hazard, experience, and size of the insured employer's operations.

(3) The insurer shall establish a system of priorities to use in responding to worksite safety consultation service requests, giving first priority to insured employers that have an unreasonably high actual or potential loss experience.

(4) Each insurer's insurance contract or agreement must require each insured employer to implement a safety program as part of the contract or agreement to provide workers' compensation coverage.
Mont. Code Ann. § 39-12-107 — MT Code / Title 39 / Chapter 12 / Part 1 / Section 39-12-107
39-12-107 Rulemaking authority
Status: in_force

39-12-107 . Rulemaking authority. (1) The department may adopt rules to carry out the purposes of this chapter and may coordinate as necessary with the department of public health and human services in adoption of the rules.

(2) The rules must allow for flexibility in the scope of services allowed under the program in order to permit a program participant to obtain the education, training, or supportive services needed to improve the participant's employment situation. The department shall consult with the department of public health and human services to determine the supportive services allowed under the program.
Mont. Code Ann. § 39-2-803 — MT Code / Title 39 / Chapter 2 / Part 8 / Section 39-2-803
39-2-803 Blacklisting prohibited
Status: in_force

39-2-803 . Blacklisting prohibited. If a company or corporation in this state authorizes or allows any of its agents to blacklist or if a person does blacklist any discharged employee or attempts by word or writing or any other means to prevent any discharged employee or any employee who may have voluntarily left the company's service from obtaining employment with another person, except as provided for in 39-2-802 , the company, corporation, or person is liable in punitive damages to the employee prevented from obtaining employment, to be recovered in a civil action, and is also punishable as provided in 39-2-804 .
Mont. Code Ann. § 39-31-409 — MT Code / Title 39 / Chapter 31 / Part 4 / Section 39-31-409
39-31-409 Court enforcement and review of board order
Status: in_force

39-31-409 . Court enforcement and review of board order. (1) The board or the complaining party may petition for the enforcement of the order of the board and for appropriate temporary relief or a restraining order and shall file in the district court at its own expense the record in the proceedings.

(2) Upon the filing of the petition, the district court shall have jurisdiction of the proceeding. Thereafter, the district court shall set the matter for hearing and shall order the party charged to be served with notice of hearing at least 20 days before the date set for hearing.

(3) No objection that has not been raised before the board shall be considered by the court unless the failure or neglect to raise the objection is excused because of extraordinary circumstances.

(4) The findings of the board with respect to questions of fact, if supported by substantial evidence on the record considered as a whole, shall be conclusive.

(5) If either party applies to the court for leave to present additional evidence and shows to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to present it in the hearing before the board, the court may order the additional evidence to be taken before the board and to be made part of the record. The board may modify its findings as to the facts or make new findings by reason of additional evidence so taken and filed, and it shall file the modifying or new findings with the district court.

(6) After the hearing, the district court shall issue its order granting such temporary or permanent relief or restraining order as it considers just and proper, enforcing as so modified or setting aside, in whole or in part, the order of the board. Any order of the district court shall be subject to review by the supreme court in accordance with rules of civil procedure.

(7) The commencement of proceedings under subsections (1) through (6) of this section shall not, unless specifically ordered by the court, operate as a stay of the board's order.
Mont. Code Ann. § 39-71-412 — MT Code / Title 39 / Chapter 71 / Part 4 / Section 39-71-412
39-71-412 Liability of third party other than employer or fellow employee -- additional cause of action
Status: in_force

39-71-412 . Liability of third party other than employer or fellow employee -- additional cause of action. The right to compensation and medical benefits as provided by this chapter is not affected by the fact that the injury, occupational disease, or death is caused by the negligence of a third party other than the employer or the servants or employees of the employer. Whenever injury, occupational disease, or death occurs to an employee while performing the duties of employment and the event is caused by the act or omission of some persons or corporations other than the employee's employer or the servants or employees of the employee's employer, the employee or in case of death the employee's heirs or personal representative, in addition to the right to receive compensation under this chapter, has a right to prosecute any cause of action that the employee or heirs may have for damages against the persons or corporations.
Mont. Code Ann. § 39-71-2336 — MT Code / Title 39 / Chapter 71 / Part 23 / Section 39-71-2336
39-71-2336 Manner of electing -- contract or policy of insurance -- payment of premium
Status: in_force

39-71-2336 . Manner of electing -- contract or policy of insurance -- payment of premium. The state fund shall prescribe the procedure by which an employer may elect to be bound by compensation plan No. 3, the effective time of the election, and the manner in which the election is terminated for reasons other than default in payment of premiums. Every employer electing to be bound by compensation plan No. 3 must receive from the state fund a contract or policy of insurance in a form approved by the department. All Montana operations of an employer, as defined in 39-71-117 , covered by compensation plan No. 3 must be insured by the state compensation insurance fund. The premium must be paid by the employer to the state fund at times that the state fund prescribes and must be paid over by the state fund to the state treasurer to the credit of the state fund.
Mont. Code Ann. § 39-51-3102 — MT Code / Title 39 / Chapter 51 / Part 31 / Section 39-51-3102
39-51-3102 Certain agreements in violation of chapter void
Status: in_force

39-51-3102 . Certain agreements in violation of chapter void. (1) Any agreement by an individual to waive, release, or commute the individual's rights to benefits or any other rights under this chapter is void.

(2) Any agreement by an individual in the employ of any person or concern to pay all or any portion of an employer's contributions required under this chapter from the employer is void.
Mont. Code Ann. § 39-2-208 — MT Code / Title 39 / Chapter 2 / Part 2 / Section 39-2-208
39-2-208 Qualified testing program -- allowable types -- procedures
Status: in_force

39-2-208 . Qualified testing program -- allowable types -- procedures. 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 includes one or both of the following procedures:

(a) An employer or an employer's representative may establish a date when all salaried and wage-earning employees will be required to undergo controlled substance or alcohol tests, or both.

(b) An employer may manage or contract with a third party to establish and administer a random testing process that must include:

(i) an established calendar period for testing;

(ii) an established testing rate within the calendar period;

(iii) a random selection process that will determine who will be tested on any given date during the calendar period for testing;

(iv) all supervisory and managerial employees in the random selection and testing process; and

(v) a procedure that requires the employer to obtain a signed statement from each employee that confirms that the employee has received a written description of the random selection process and that requires the employer to maintain the statement in the employee's personnel file. The selection of employees in a random testing procedure must be made by a scientifically valid method, such as a random number table or a computer-based random number generator table.

(3) An employer may require an employee to submit to followup tests if the employee has had a verified positive test for a controlled substance or for alcohol. The followup tests must be described in the employer's controlled substance and alcohol policy and may be conducted for up to 1 year from the time that the employer first requires a followup test.

(4) An employer may require an employee to be tested for controlled substances or alcohol if the employer has reason to suspect that an employee's faculties are impaired on the job as a result of the use of a controlled substance or alcohol consumption. An employer shall comply with the supervisory training requirement in 49 CFR, part 382.603, whenever the employer requires a test on the basis of reasonable suspicion.

(5) An employer may require an employee to be tested for controlled substances or alcohol if the employer has reason to believe that the employee's act or failure to act is a direct or proximate cause of a work-related accident that has caused death or personal injury or property damage in excess of $1,500.
Mont. Code Ann. § 39-8-101 — MT Code / Title 39 / Chapter 8 / Part 1 / Section 39-8-101
39-8-101 Short title -- purpose
Status: in_force

39-8-101 . Short title -- purpose. (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 to establish standards for the operation, regulation, and licensing of professional employer organizations and groups in this state.
Mont. Code Ann. § 39-2-605 — MT Code / Title 39 / Chapter 2 / Part 6 / Section 39-2-605
39-2-605 Servant to pay over without demand
Status: in_force

39-2-605 . Servant to pay over without demand. A servant shall deliver to the servant's master without demand, as soon as with reasonable diligence the master can be found, everything that the servant receives for the master's account, but the servant is not bound without orders from the master to send anything to the master through another person.
Mont. Code Ann. § 39-10-204 — MT Code / Title 39 / Chapter 10 / Part 2 / Section 39-10-204
39-10-204 Terminated
Status: in_force

39-10-204 . Terminated. Sec. 9, Ch. 525, L. 2001.
Mont. Code Ann. § 39-71-519 — MT Code / Title 39 / Chapter 71 / Part 5 / Section 39-71-519
39-71-519 Settlement
Status: in_force

39-71-519 . Settlement. The department, the uninsured employer, the injured employee or the employee's beneficiaries, a third party who shares liability as defined in 39-71-412 , or a fellow employee who shares liability as defined in 39-71-413 may enter into a settlement agreement to finally settle the rights and liabilities under 39-71-501 , 39-71-503 through 39-71-511 , and 39-71-515 through 39-71-520 of any or all of the parties. The settlement is subject to department approval in accordance with 39-71-741 .
Mont. Code Ann. § 39-3-206 — MT Code / Title 39 / Chapter 3 / Part 2 / Section 39-3-206
39-3-206 Penalty for failure to pay wages at times specified in law
Status: in_force

39-3-206 . Penalty for failure to pay wages at times specified in law. (1) An employer who fails to pay an employee as provided in this part or who violates any other provision of this part is guilty of a misdemeanor. A penalty must also be assessed against and paid by the employer to the employee in an amount not to exceed 110% of the wages due and unpaid.

(2) Nothing in this section may be construed to relieve an employer from the requirement to pay an employee the full amount of wages due if the employer is found in violation of this part.
Mont. Code Ann. § 39-3-408 — MT Code / Title 39 / Chapter 3 / Part 4 / Section 39-3-408
39-3-408 Provisions cumulative
Status: in_force

39-3-408 . Provisions cumulative. (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 overtime claims that are subject to the Fair Labor Standards Act of 1938, in which case liquidated damages as determined under the Fair Labor Standards Act of 1938 apply.

(2) Sections 39-3-402 and 39-3-404 apply to an employee covered by the Fair Labor Standards Act of 1938 if state law provides a minimum wage that is higher than the minimum wage established under federal law.
Mont. Code Ann. § 39-71-433 — MT Code / Title 39 / Chapter 71 / Part 4 / Section 39-71-433
39-71-433 Group purchase of workers' compensation insurance
Status: in_force

39-71-433 . Group purchase of workers' compensation insurance. (1) Two or more business entities may join together to form a group to purchase individual workers' compensation insurance policies covering each member of the group.

(2) A group formed under this section may purchase individual workers' compensation insurance policies covering each member of the group from any insurer authorized to write workers' compensation insurance in this state, except that the state fund, as defined in 39-71-2312 , has the right to refuse coverage of a group and its plan of operation but may not refuse coverage to an individual employer. Under an individual policy, the group is entitled to a premium or volume discount that would be applicable to a policy of the combined premium amount of the individual policies.

(3) A group shall apportion any discount or policyholder dividend received on workers' compensation insurance coverage among the members of the group according to a formula adopted in the plan of operation for the group.

(4) A group shall adopt a plan of operation that must include the composition and selection of a governing board, the methods for administering the group, the eligibility requirements to join the group, and guidelines for the workers' compensation insurance coverage obtained by the group, including the payment of premiums, the distribution of discounts, and the method for providing risk management.
Mont. Code Ann. § 39-10-102 — MT Code / Title 39 / Chapter 10 / Part 1 / Section 39-10-102
39-10-102 Terminated
Status: in_force

39-10-102 . Terminated. Sec. 10, Ch. 586, L. 2001.
Mont. Code Ann. § 39-1-103 — MT Code / Title 39 / Chapter 1 / Part 1 / Section 39-1-103
39-1-103 Powers of department
Status: in_force

39-1-103 . Powers of department. (1) In discharging the duties imposed upon the department, the commissioner or the commissioner's authorized representatives may administer oaths, examine witnesses under oath, take depositions or cause depositions to be taken, deputize any citizen 18 years of age or older to serve subpoenas upon witnesses, and issue subpoenas for the attendance of witnesses before the commissioner in the same manner as for attendance before district courts.

(2) The commissioner may likewise cause to be inspected any mine, factory, workshop, smelter, mill, warehouse, elevator, foundry, machine shop, or other industrial establishment.

(3) This chapter does not apply to labor violations preempted by federal law or regulation.
Mont. Code Ann. § 39-74-102 — MT Code / Title 39 / Chapter 74 / Part 1 / Section 39-74-102
39-74-102 Policy
Status: in_force

39-74-102 . Policy. In order to promote the resiliency and well-being of Montana emergency service providers, it is the policy of the state of Montana to encourage the practice of critical incident stress management.
Mont. Code Ann. § 39-32-101 — MT Code / Title 39 / Chapter 32 / Part 1 / Section 39-32-101
39-32-101 Purpose of chapter
Status: in_force

39-32-101 . Purpose of chapter. The purpose of this chapter is to encourage effective measures to assure uninterrupted continuation of sufficient competent nursing care of the ill and infirm in the state and further to encourage the practice of mutually and peacefully agreeing upon the establishment and maintenance of desirable employment practices between nurse employees, professional and practical, and their health care facility employers, either public or private.
Mont. Code Ann. § 39-10-105 — MT Code / Title 39 / Chapter 10 / Part 1 / Section 39-10-105
39-10-105 Terminated
Status: in_force

39-10-105 . Terminated. Sec. 10, Ch. 586, L. 2001.
Mont. Code Ann. § 39-71-613 — MT Code / Title 39 / Chapter 71 / Part 6 / Section 39-71-613
39-71-613 Regulation of attorney fees -- forfeiture of fee for noncompliance -- return of fee when claimant received benefits through fraud or deception
Status: in_force

39-71-613 . Regulation of attorney fees -- forfeiture of fee for noncompliance -- return of fee when claimant received benefits through fraud or deception. (1) When an attorney represents or acts on behalf of a claimant or any other party on any workers' compensation claim, the attorney shall submit to the department a contract of employment, on a form provided by the department, stating specifically the terms of the fee arrangement between the attorney and the claimant.

(2) The department may regulate the amount of the attorney fees in any workers' compensation case. In regulating the amount of the fees, the department shall consider:

(a) the benefits the claimant gained due to the efforts of the attorney;

(b) the time the attorney was required to spend on the case;

(c) the complexity of the case; and

(d) any other relevant matter the department may consider appropriate.

(3) An attorney who violates a provision of this section, a rule adopted under this section, or an order fixing attorney fees under this section forfeits the right to any fees that the attorney collected or was entitled to collect.

(4) If, after an attorney receives attorney fees and costs assessed against an insurer, the claimant is convicted of having obtained benefits through fraud or deception, the attorney fees and costs for obtaining the benefits must be returned to the insurer by the attorney.

(5) (a) A dispute concerning the forfeiture or return of attorney fees is considered a dispute for which the workers' compensation court has original jurisdiction and is not subject to mediation or a contested case hearing.

(b) The parties to a dispute referred to in subsection (5)(a) may voluntarily request a mediator appointed by the department and proceed to nonbinding mediation.
Mont. Code Ann. § 39-51-1122 — MT Code / Title 39 / Chapter 51 / Part 11 / Section 39-51-1122
39-51-1122 Treatment of minor irregularities in determination of eligible employer status
Status: in_force

39-51-1122 . Treatment of minor irregularities in determination of eligible employer status. For the purpose of determining if a covered employer is an eligible employer, delinquencies of a minor nature may be disregarded if it is shown to the satisfaction of the department that the covered employer acted in good faith and that forfeiture of a reduced contribution rate because of such minor delinquency would be inequitable.
Mont. Code Ann. § 39-71-304 — MT Code / Title 39 / Chapter 71 / Part 3 / Section 39-71-304
39-71-304 Books, records, and payrolls to be open to inspection -- penalty for refusal -- subpoenas
Status: in_force

39-71-304 . Books, records, and payrolls to be open to inspection -- penalty for refusal -- subpoenas. (1) The books, records, and payrolls of an employer pertinent to the administration of this chapter must always be open to inspection by the department or any authorized employee of the department for the purpose of ascertaining the correctness of the payroll, the number of workers employed, and other information that may be necessary for the department and its management under this chapter. Refusal on the part of an employer to submit the books, records, and payrolls for inspection will subject the offending employer to a penalty not exceeding $500 for each offense, to be collected through a civil action in the name of the state and paid into the state treasury.

(2) In addition to the remedy provided in subsection (1), the department may issue subpoenas and compel testimony for the production of evidence, including books, records, papers, documents, and other objects that may be necessary and proper in regard to any investigation or proceeding under this chapter. In the case of disobedience of a subpoena issued and served or the refusal of a witness to testify as to any matter for which the witness may be interrogated in a proceeding before the department, the department may apply to a district court for an order to compel compliance with the subpoena or testimony. Disobedience of the court's order constitutes contempt of court.
Mont. Code Ann. § 39-71-615 — MT Code / Title 39 / Chapter 71 / Part 6 / Section 39-71-615
39-71-615 Payment of medical claims without acceptance of liability
Status: in_force

39-71-615 . Payment of medical claims without acceptance of liability. (1) An insurer may pay a medical claim that is based upon the report of a nonwage loss injury or occupational disease without the payments being construed as an acceptance of liability for the claim.

(2) An insurer shall, within 10 days of making payment under subsection (1), notify the worker of the payment of the medical claim without acceptance of liability.

(3) Upon written request by a worker for the payment of indemnity benefits or for a determination of liability, the insurer shall investigate the claim to determine liability for the injury or occupational disease under 39-71-606 or 39-71-608 .
Mont. Code Ann. § 39-6-102 — MT Code / Title 39 / Chapter 6 / Part 1 / Section 39-6-102
39-6-102 Powers of department
Status: in_force

39-6-102 . Powers of department. (1) The department may accept from the federal government or any agency of the federal government or from any state agency any funds made available to carry out the activities and purposes of the department under this chapter. The department may use the funds for the purposes for which the funds are made available.

(2) The department may act to bring about the settlement of differences arising out of the apprenticeship agreement if the differences cannot be adjusted locally or in accordance with the established occupational procedure.
Mont. Code Ann. § 39-2-1606 — MT Code / Title 39 / Chapter 2 / Part 16 / Section 39-2-1606
39-2-1606 Civil penalties for violation
Status: in_force

39-2-1606 . Civil penalties for violation. (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 employed, hired, or recruited in violation of 39-2-1603 ;

(b) for a second violation, the penalty may not be more than $1,000 for each individual employed, hired, or recruited in violation of 39-2-1603 ; and

(c) for a third or subsequent violation, the appropriate government entity shall immediately on notification suspend the violator's license or licenses for not less than 30 days or more than 6 months, and a fine must be assessed that may not be more than $2,500 for each individual employed, hired, or recruited in violation of 39-2-1603 .

(2) A hearing must be conducted according to contested case procedures under Title 2, chapter 4, part 6, except that service need not be made as prescribed for civil actions in the district court and the hearings officer is not bound by statutory or common-law rules of evidence.

(3) A penalty collected under this section must be deposited in the lawful employment enforcement fund established in 39-2-1608 .
Mont. Code Ann. § 39-7-306 — MT Code / Title 39 / Chapter 7 / Part 3 / Section 39-7-306
39-7-306 Rulemaking duties of commissioner
Status: in_force

39-7-306 . Rulemaking duties of commissioner. 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) concerning criteria for making grants as provided for in 39-7-304 ; and

(4) necessary to carry out the provisions of this part.
Mont. Code Ann. § 39-31-401 — MT Code / Title 39 / Chapter 31 / Part 4 / Section 39-31-401
39-31-401 Unfair labor practices of public employer
Status: in_force

39-31-401 . Unfair labor practices of public employer. It is an unfair labor practice for a public employer to:

(1) interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in 39-31-201 ;

(2) dominate, interfere, or assist in the formation or administration of any labor organization. However, subject to rules adopted by the board under 39-31-104 , an employer is not prohibited from permitting employees to confer with the employer during working hours without loss of time or pay.

(3) discriminate in regard to hire or tenure of employment or any term or condition of employment in order to encourage or discourage membership in any labor organization;

(4) discharge or otherwise discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given any information or testimony under this chapter; or

(5) refuse to bargain collectively in good faith with an exclusive representative.
Mont. Code Ann. § 39-71-2618 — MT Code / Title 39 / Chapter 71 / Part 26 / Section 39-71-2618
39-71-2618 Immunity
Status: in_force

39-71-2618 . Immunity. There is no liability on the part of, and no claim for relief of any nature may arise against, any member, the fund, its agents or employees, or the board for any action taken by them in the performance of their powers and duties under this part.
Mont. Code Ann. § 39-71-515 — MT Code / Title 39 / Chapter 71 / Part 5 / Section 39-71-515
39-71-515 Independent cause of action
Status: in_force

39-71-515 . Independent cause of action. (1) An injured employee or the employee's beneficiaries have an independent cause of action against an uninsured employer for failure to be enrolled in a compensation plan as required by this chapter.

(2) In an action described in subsection (1), prima facie liability of the uninsured employer exists if the claimant proves, by a preponderance of the evidence, that:

(a) the employer was required by law to be enrolled under compensation plan No. 1, 2, or 3 with respect to the claimant; and

(b) the employer was not enrolled on the date of the injury or death.

(3) It is not a defense to an action that the employee had knowledge of or consented to the employer's failure to carry insurance or that the employee was negligent in permitting the failure to exist.

(4) The amount of recoverable damages in an action is the amount of compensation that the employee would have received had the employer been properly enrolled under compensation plan No. 1, 2, or 3.

(5) A plaintiff who prevails in an action brought under this section is entitled to recover reasonable costs and attorney fees incurred in the action, in addition to damages.
Mont. Code Ann. § 39-31-403 — MT Code / Title 39 / Chapter 31 / Part 4 / Section 39-31-403
39-31-403 Remedies for unfair labor practices
Status: in_force

39-31-403 . Remedies for unfair labor practices. Violations of the provisions of 39-31-401 or 39-31-402 are unfair labor practices remediable by the board pursuant to this part.
Mont. Code Ann. § 39-71-737 — MT Code / Title 39 / Chapter 71 / Part 7 / Section 39-71-737
39-71-737 Compensation to run consecutively -- exceptions
Status: in_force

39-71-737 . Compensation to run consecutively -- exceptions. Compensation must run consecutively and not concurrently, and payment may not be made for two classes of disability over the same period, except that impairment awards and auxiliary rehabilitation benefits may be paid concurrently with other classes of benefits.
Mont. Code Ann. § 39-71-1104 — MT Code / Title 39 / Chapter 71 / Part 11 / Section 39-71-1104
39-71-1104 Managed care organizations -- notification
Status: in_force

39-71-1104 . Managed care organizations -- notification. Workers who are subject to managed care must receive medical services in the manner prescribed in the contract. Each contract must comply with the certification requirements provided in 39-71-1105 . Insurers who contract with a managed care organization for medical services shall give written notice to workers of eligible service providers and shall give notice of the manner of receiving medical services.
Mont. Code Ann. § 39-71-2408 — MT Code / Title 39 / Chapter 71 / Part 24 / Section 39-71-2408
39-71-2408 Mandatory, nonbinding mediation
Status: in_force

39-71-2408 . Mandatory, nonbinding mediation. (1) Except as otherwise provided, in a dispute arising under this chapter, the insurer and claimant shall mediate any issue concerning benefits and the mediator shall issue a report following the mediation process recommending a solution to the dispute before either party may file a petition in the workers' compensation court.

(2) The resolution recommended by the mediator is without administrative or judicial authority and is not binding on the parties.
Mont. Code Ann. § 39-71-2315 — MT Code / Title 39 / Chapter 71 / Part 23 / Section 39-71-2315
39-71-2315 Management of state fund -- powers and duties of board -- business plan required
Status: in_force

39-71-2315 . Management of state fund -- powers and duties of board -- business plan required. (1) The management and control of the state fund is vested in the board, subject to the statutory limitations imposed by this part.

(2) The board is vested with full power, authority, and jurisdiction over the state fund except that the board may not dissolve or liquidate the state fund. To fulfill the objectives and intent of this part, the board may perform all acts necessary or convenient in the exercise of any power, authority, or jurisdiction over the administration of the state fund or in connection with the insurance business to be carried on under the provisions of this part, as fully and completely as the governing body of a private mutual insurance carrier and subject to the regulatory authority of the insurance commissioner in Title 33, except as provided in 33-1-115 and 39-71-2375 .

(3) Neither the board, the state fund, nor the executive director may issue bonds on behalf of the state fund.

(4) (a) The board shall adopt a business plan no later than December 31 for the next fiscal year.

(b) At a minimum, the plan must include:

(i) specific goals for the fiscal year for financial performance. The standard for measurement of financial performances must include an evaluation of premium to surplus.

(ii) specific goals for the fiscal year for operating performance. Goals must include but not be limited to specific performance standards for staff in the area of senior management, underwriting, and claims administration. Goals must, in general, maximize efficiency, economy, and equity as allowed by law.

(5) The business plan must be available upon request to the general public for a fee not to exceed the actual cost of publication. However, performance goals relating to a specific employment position are confidential and not available to the public.

(6) No sooner than January 1 or later than March 31, the board shall convene a public meeting to review the performance of the state fund, using the business plan for comparison of all the established goals and targets. The board shall publish, by May 30 of each year, a report of the state fund's actual performance as compared to the business plan.

(7) The state fund board of directors shall establish in-house guidelines for procurement of insurance-related services and shall include guidelines for the solicitation of submissions of information regarding insurance-related services from more than one vendor. The board may include guidelines for the circumstances when business necessity or expedience may preclude the solicitation of submissions from more than one vendor. The board may also include in the guidelines the exemptions to the procurement process in 18-4-132 .
Mont. Code Ann. § 39-51-1108 — MT Code / Title 39 / Chapter 51 / Part 11 / Section 39-51-1108
39-51-1108 Amount of wages per employee subject to contribution
Status: in_force

39-51-1108 . Amount of wages per employee subject to contribution. (1) Payment of contributions shall apply only to wages paid up to and including the amount specified in this section by an employer to an employee with respect to employment.

(2) The taxable wage base for each year is the greater of 80% of the average annual wage as determined under 39-51-2201 (rounded to the nearest $100) during the calendar year immediately preceding the most recently completed calendar year, or the amount of taxable wage base specified in the Federal Unemployment Tax Act.
Mont. Code Ann. § 39-3-506 — MT Code / Title 39 / Chapter 3 / Part 5 / Section 39-3-506
39-3-506 County attorney to file complaint in district court on belief of violation
Status: in_force

39-3-506 . County attorney to file complaint in district court on belief of violation. 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 of wages, the county attorney shall file a complaint in district court. All proceedings upon the complaint must be promptly prosecuted.
Mont. Code Ann. § 39-2-601 — MT Code / Title 39 / Chapter 2 / Part 6 / Section 39-2-601
39-2-601 Servant defined
Status: in_force

39-2-601 . Servant defined. A servant is one who is employed to render personal service to the employer otherwise than in the pursuit of an independent calling and who in that service remains entirely under the control and direction of the employer, who is called the servant's master.
Mont. Code Ann. § 39-71-224 — MT Code / Title 39 / Chapter 71 / Part 2 / Section 39-71-224
39-71-224 Records exempt from disclosure -- separation of exempt material from nonexempt
Status: in_force

39-71-224 . Records exempt from disclosure -- separation of exempt material from nonexempt. (1) In assuring that the right of individual privacy so essential to the well-being of a free society shall not be infringed without the showing of a compelling state interest, the following public records of the department are exempt from disclosure:

(a) information of a personal nature such as personal, medical, or similar information if the public disclosure thereof would constitute an unreasonable invasion of privacy, unless the public interest by clear and convincing evidence requires disclosure in the particular instance. The party seeking disclosure shall have the burden of showing that public disclosure would not constitute an unreasonable invasion of privacy.

(b) any public records or information, the disclosure of which is prohibited by federal law or regulations.

(2) If any public record of the department contains material which is not exempt under subsection (1) of this section, as well as material which is exempt from disclosure, the department shall separate the exempt and nonexempt and make the nonexempt material available for examination.
Mont. Code Ann. § 39-71-1107 — MT Code / Title 39 / Chapter 71 / Part 11 / Section 39-71-1107
39-71-1107 Domiciliary care -- requirements -- evaluation
Status: in_force

39-71-1107 . Domiciliary care -- requirements -- evaluation. (1) Reasonable domiciliary care must be provided by the insurer:

(a) from the date the insurer knows of the employee's need for home medical services that results from an industrial injury;

(b) when the preponderance of credible medical evidence demonstrates that nursing care is necessary as a result of the accident and describes with a reasonable degree of particularity the nature and extent of duties to be performed;

(c) when the services are performed under the direction of the treating physician who, following a nursing analysis, prescribes the care on a form provided by the department;

(d) when the services rendered are of the type beyond the scope of normal household duties; and

(e) when subject to subsections (3) and (4), there is a means to determine with reasonable certainty the value of the services performed.

(2) When a worker suffers from a condition that requires domiciliary care, which results from the accident, and requires nursing care as provided for in Title 37, chapter 8, a licensed nurse shall provide the services.

(3) When a worker suffers from a condition that requires 24-hour care and that results from the accident but that requires domiciliary care other than as provided in Title 37, chapter 8, the care may be provided by a family member. The insurer's responsibility for reimbursement for the care is limited to no more than the daily statewide average medicaid reimbursement rate for the current fiscal year for care in a nursing home. The insurer is not responsible for respite care.

(4) Domiciliary care by a family member that is necessary for a period of less than 24 hours a day may not exceed the hourly mean wage by area for home health aides, as published by the department in the most recent edition of the Montana Informational Wage Rates by Occupation and adopted annually by the department prior to January 1. The insurer is not liable for more than 8 hours of care each day at the rate in effect at the time that the services are rendered.
Mont. Code Ann. § 39-2-210 — MT Code / Title 39 / Chapter 2 / Part 2 / Section 39-2-210
39-2-210 Limitation on adverse action
Status: in_force

39-2-210 . Limitation on adverse action. 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 by alcohol consumption. If the employee presents a reasonable explanation or medical opinion, the test results must be removed from the employee's record and destroyed.
Mont. Code Ann. § 39-3-104 — MT Code / Title 39 / Chapter 3 / Part 1 / Section 39-3-104
39-3-104 Equal pay for women for equivalent service
Status: in_force

39-3-104 . Equal pay for women for equivalent service. (1) It is unlawful for the state or any county, municipal entity, school district, public or private corporation, person, or firm to employ women in any occupation within the state for compensation less than that paid to men for equivalent service or for the same amount or class of work or labor in the same industry, school, establishment, office, or place of employment of any kind or description.

(2) If the state or any county, municipal entity, school district, public or private corporation, person, or firm violates any of the provisions of subsection (1), it is guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25 or more than $500 for each offense.
Mont. Code Ann. § 39-2-603 — MT Code / Title 39 / Chapter 2 / Part 6 / Section 39-2-603
39-2-603 Renewal of hiring
Status: in_force

39-2-603 . Renewal of hiring. Where, after the expiration of an agreement respecting the wages and the term of service, the parties continue the relation of master and servant, they are presumed to have renewed the agreement for the same wages and term of service.
Mont. Code Ann. § 39-51-1131 — MT Code / Title 39 / Chapter 51 / Part 11 / Section 39-51-1131
39-51-1131 Terminated
Status: in_force

39-51-1131 . Terminated. Sec. 12, Ch. 371, L. 1985.
Mont. Code Ann. § 39-71-517 — MT Code / Title 39 / Chapter 71 / Part 5 / Section 39-71-517
39-71-517 Requirement to serve papers
Status: in_force

39-71-517 . Requirement to serve papers. In pursuing remedies under 39-71-501 , 39-71-503 through 39-71-511 , and 39-71-515 through 39-71-520 , an injured employee or the employee's beneficiaries shall serve all pleadings and all other litigation papers on the department and the uninsured employer, regardless of whether the department or the uninsured employer is a party to the particular action to which the papers relate.
Mont. Code Ann. § 39-51-3207 — MT Code / Title 39 / Chapter 51 / Part 32 / Section 39-51-3207
39-51-3207 Authority to determine uncollectibility of debts -- transfer of debts for collection -- liability for payment of fees and costs of collection
Status: in_force

39-51-3207 . Authority to determine uncollectibility of debts -- transfer of debts for collection -- liability for payment of fees and costs of collection. (1) After making all reasonable efforts to collect unpaid contributions, assessments under 39-51-404 , and penalties and interest, or overpaid benefits and penalties under 39-51-3206 , the department may determine a debt to be uncollectible. Upon determining that a debt is uncollectible, the department may transfer the debt to the department of revenue for collection as provided in 17-4-104 .

(2) Subject to approval by the department, reasonable fees or costs of collection incurred by the department of revenue may be added to the amount of the debt, including added fees or costs. The debtor is liable for repayment of the amount of the debt plus fees or costs added pursuant to this subsection. All money collected must be returned to the department to be applied to the debt, except that all fees or costs collected must be retained by the department of revenue. If less than the full amount of the debt is collected, the department of revenue shall retain only a proportionate share of the collection fees or costs.
Mont. Code Ann. § 39-51-2404 — MT Code / Title 39 / Chapter 51 / Part 24 / Section 39-51-2404
39-51-2404 Appeal to board procedure
Status: in_force

39-51-2404 . Appeal to board procedure. An interested party who is dissatisfied with a decision of an appeals referee may appeal to the board. The department shall promptly transmit all records pertinent to the appeal to the board. The appeal hearing may be conducted by telephone or by videoconference. When the board renders a decision and copies of the decision are mailed to all interested parties, including the department, that decision is final unless an interested party initiates judicial review pursuant to 39-51-2410 .
Mont. Code Ann. § 39-10-201 — MT Code / Title 39 / Chapter 10 / Part 2 / Section 39-10-201
39-10-201 Terminated
Status: in_force

39-10-201 . Terminated. Sec. 9, Ch. 525, L. 2001.
Mont. Code Ann. § 39-2-215 — MT Code / Title 39 / Chapter 2 / Part 2 / Section 39-2-215
39-2-215 Public employer policy on support of women and breastfeeding -- unlawful discrimination
Status: in_force

39-2-215 . Public employer policy on support of women and breastfeeding -- unlawful discrimination. (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 encourage the practice of breastfeeding, accommodate the breastfeeding-related needs of employees, and ensure that employees are provided with adequate facilities for breastfeeding or the expression of milk for their children. At a minimum, the policy must identify the means by which an employer will make available a space suitable for breastfeeding and breast pumping for a lactating employee, including the provision of basic necessities of privacy, lighting, and electricity for the pump apparatus. The space does not need to be fully enclosed or permanent, but must be readily available during the term that the employee needs the space.

(2) It is an unlawful discriminatory practice for any public employer:

(a) to refuse to hire or employ or to bar or to discharge from employment an employee who expresses milk in the workplace; or

(b) to discriminate against an employee who expresses milk in the workplace in compensation or in terms, conditions, or privileges of employment unless based upon a bona fide occupational qualification.
Mont. Code Ann. § 39-51-105 — MT Code / Title 39 / Chapter 51 / Part 1 / Section 39-51-105
39-51-105 Disbursement of funds if federal act becomes inoperative
Status: in_force

39-51-105 . Disbursement of funds if federal act becomes inoperative. If Title III or IX of the federal Social Security Act is declared unconstitutional or in any way is inoperative, this chapter automatically becomes inoperative under the provisions of this chapter and the funds which then remain in the unemployment trust fund shall immediately be paid to the state treasurer to be paid into the unemployment insurance fund and funds there held shall be immediately distributed, upon order of the department, to the employers who have contributed thereto on a proportionate basis. If any part thereof remains undistributed for a period of 1 year it shall be paid to the general fund of the state.
Mont. Code Ann. § 39-71-2102 — MT Code / Title 39 / Chapter 71 / Part 21 / Section 39-71-2102
39-71-2102 Proof of solvency to be filed
Status: in_force

39-71-2102 . Proof of solvency to be filed. Each employer who has elected to be bound by compensation plan No. 1 shall file proof of solvency within the time and in the form prescribed by the rules or orders of the department.
Mont. Code Ann. § 39-51-2306 — MT Code / Title 39 / Chapter 51 / Part 23 / Section 39-51-2306
39-51-2306 Disqualification because of receipt of certain other wages, compensation, or benefits
Status: in_force

39-51-2306 . Disqualification because of receipt of certain other wages, compensation, or benefits. (1) An individual is disqualified for benefits for any week with respect to which the individual receives payment for the week or part of the week in the form of:

(a) compensation for disability under the workers' compensation law or the occupational disease law of this or any other state or under a similar law of the United States. However, when an injured claimant ceases to draw compensation benefits and returns to the labor market, the claimant is entitled to receive unemployment compensation benefits under this chapter if the claimant is otherwise qualified. Compensation received as a payment for a permanent partial disability may not be computed to be spread over a period of weeks in advance so as to bar the recipient from receiving unemployment compensation benefits under this chapter if the recipient has returned to the labor market and is otherwise qualified.

(b) benefits under the Railroad Unemployment Insurance Act, 45 U.S.C. 351, et seq., or any state unemployment compensation act or similar laws of any state or of the United States. This disqualification does not apply to any week with respect to which an individual receives benefits under an unemployment compensation law of another state or of the United States if the benefits are paid pursuant to 39-51-504 .

(2) If an individual receives wages, compensation, or benefits as set forth in subsection (1) after payment of unemployment benefits with respect to the same week for which unemployment benefits were received, the individual shall repay the unemployment benefits, and the department may collect the unemployment benefits in the same manner as provided for collection of benefits under 39-51-3206 .
Mont. Code Ann. § 39-33-201 — MT Code / Title 39 / Chapter 33 / Part 2 / Section 39-33-201
39-33-201 Recruitment of strikebreakers by third parties
Status: in_force

39-33-201 . Recruitment of strikebreakers by third parties. No person, partnership, firm, or officer or agent thereof may recruit, procure, supply, or refer a professional strikebreaker for employment in place of an employee involved in a labor dispute when such person, partnership, or firm is not a party to the dispute.
Mont. Code Ann. § 39-2-1004 — MT Code / Title 39 / Chapter 2 / Part 10 / Section 39-2-1004
39-2-1004 Adoption of rules
Status: in_force

39-2-1004 . Adoption of rules. The department shall adopt rules to provide procedures for an employer to meet the obligations under 39-2-1003 .
Mont. Code Ann. § 39-71-701 — MT Code / Title 39 / Chapter 71 / Part 7 / Section 39-71-701
39-71-701 Compensation for temporary total disability -- exception
Status: in_force

39-71-701 . Compensation for temporary total disability -- exception. (1) Subject to the limitation in 39-71-736 and subsection (4) of this section, a worker is eligible for temporary total disability benefits:

(a) when the worker suffers a total loss of wages as a result of an injury and until the worker reaches maximum healing; or

(b) until the worker has been released to return to the employment in which the worker was engaged at the time of the injury or to employment with similar physical requirements.

(2) The determination of temporary total disability must be supported by a preponderance of objective medical findings.

(3) Weekly compensation benefits for injury producing temporary total disability are 66 2/3% of the wages received at the time of the injury. The maximum weekly compensation benefits may not exceed the state's average weekly wage at the time of injury. Temporary total disability benefits must be paid for the duration of the worker's temporary disability. The weekly benefit amount may not be adjusted for cost of living as provided in 39-71-702 (5).

(4) If the treating physician releases a worker to return to the same, a modified, or an alternative position that the individual is able and qualified to perform with the same employer at an equivalent or higher wage than the individual received at the time of injury, the worker is no longer eligible for temporary total disability benefits even though the worker has not reached maximum healing. A worker requalifies for temporary total disability benefits if the modified or alternative position is no longer available to the worker for any reason except for the worker's incarceration as provided for in 39-71-744 , resignation, or termination for disciplinary reasons caused by a violation of the employer's policies that provide for termination of employment and if the worker continues to be temporarily totally disabled, as defined in 39-71-116 .

(5) In cases in which it is determined that periodic disability benefits granted by the Social Security Act are payable because of the injury, the weekly benefits payable under this section are reduced, but not below zero, by an amount equal, as nearly as practical, to one-half the federal periodic benefits for the week, which amount is to be calculated from the date of the disability social security entitlement.

(6) If the claimant is awarded social security benefits, the insurer may, upon notification of the claimant's receipt of social security benefits, suspend biweekly compensation benefits for a period sufficient to recover any resulting overpayment of benefits. This subsection does not prevent a claimant and insurer from agreeing to a repayment plan.

(7) A worker may not receive both wages and temporary total disability benefits without the written consent of the insurer. A worker who receives both wages and temporary total disability benefits without written consent of the insurer is guilty of theft and may be prosecuted under 45-6-301 .
Mont. Code Ann. § 39-71-4003 — MT Code / Title 39 / Chapter 71 / Part 40 / Section 39-71-4003
39-71-4003 Definitions
Status: in_force

39-71-4003 . Definitions. As used in this part, the following definitions apply:

(1) "Catastrophically injured" means a physical injury or occupational disease incurred by a worker to the extent that treatment for the injury or occupational disease:

(a) requires inpatient care for at least 21 consecutive days in a hospital or rehabilitation center that is in Montana but that is more than 100 miles from the worker's place of residence; or

(b) requires inpatient care for at least 21 consecutive days in a hospital or rehabilitation center that is located outside Montana; and

(c) occurs within 90 days of the accident or events causing the worker to be catastrophically injured.

(2) "Community service organization" means a community-based, nonprofit, tax-exempt organization under section 501(c)(3) of the Internal Revenue Code that raises money to assist the catastrophically injured worker.

(3) "Worker" has the meaning as provided in 39-71-118 .
Mont. Code Ann. § 39-3-509 — MT Code / Title 39 / Chapter 3 / Part 5 / Section 39-3-509
39-3-509 Hearing on complaint -- court order to pay wages due or appear and show cause why bond should not be required
Status: in_force

39-3-509 . Hearing on complaint -- court order to pay wages due or appear and show cause why bond should not be required. 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 appear before the court within 10 days and show cause why a judgment and order should not issue requiring the employer to give bond for the payment of all wages and salaries then due and that accrue to the employer's employees within that county. Service of the order must be made at least 5 days before the date set for hearing or the date to which the hearing may be continued by the court upon good cause shown.
Mont. Code Ann. § 39-51-2203 — MT Code / Title 39 / Chapter 51 / Part 22 / Section 39-51-2203
39-51-2203 Reduction of benefits because of amounts received from certain other sources
Status: in_force

39-51-2203 . Reduction of benefits because of amounts received from certain other sources. (1) An individual's weekly benefit amount must be reduced (but not below zero) by the amount that the individual is receiving in the form of a governmental or other pension, retirement pay, annuity, or other similar periodic payment that is based on the previous work of the individual and that is reasonably attributable to the week if:

(a) the payment is made under a plan maintained or contributed to by a base-period or chargeable employer; and

(b) except in the case of payments made under the Social Security Act or the Railroad Retirement Act, the services performed for the employer by the individual after the beginning of the base period or the remuneration for services affect eligibility for or the amount of the pension, retirement pay, annuity, or other similar payment.

(2) The reduction required by subsection (1) does not apply in those instances in which the governmental or other pension, retirement pay, annuity, or other similar periodic payment is made from a fund to which the individual was required to make a direct contribution.
Mont. Code Ann. § 39-51-305 — MT Code / Title 39 / Chapter 51 / Part 3 / Section 39-51-305
39-51-305 Department to appoint appeals referees
Status: in_force

39-51-305 . Department to appoint appeals referees. To hear and decide disputed claims, the department shall appoint impartial salaried appeals referees who are necessary for the proper administration of this chapter in accordance with 39-51-304 . A person may not participate on behalf of the department in any case in which the person is an interested party. The department may designate alternates to serve in the absence or disqualification of an appeals referee.
Mont. Code Ann. § 39-2-910 — MT Code / Title 39 / Chapter 2 / Part 9 / Section 39-2-910
39-2-910 Probationary period
Status: in_force

39-2-910 . Probationary period. (1) If an employer does not establish a specific probationary period or provide that there is no probationary period prior to or at the time the employee begins work, there is a probationary period of 12 months commencing on the date the employee begins work.

(2) An employer may extend a probationary period prior to the expiration of a probationary period, but the original probationary period together with any periods of extension may not exceed 18 months.

(3) If an employee has one or more leaves of absence during the original probationary period or any extension of the probationary period, the time of each leave of absence may not be a part of the probationary period unless the employer affirmatively elects to include each leave of absence as part of the probationary period.
Mont. Code Ann. § 39-3-504 — MT Code / Title 39 / Chapter 3 / Part 5 / Section 39-3-504
39-3-504 Report of violations directly to county attorney by employee
Status: in_force

39-3-504 . Report of violations directly to county attorney by employee. Any employee may make complaint directly to the county attorney relative to any violation of this part or part 2 of this chapter.
Mont. Code Ann. § 39-7-309 — MT Code / Title 39 / Chapter 7 / Part 3 / Section 39-7-309
39-7-309 Staff of service programs
Status: in_force

39-7-309 . Staff of service programs. To the extent possible, supervisory, technical, and administrative positions in the multipurpose service programs must be filled by displaced homemakers.
Mont. Code Ann. § 39-31-408 — MT Code / Title 39 / Chapter 31 / Part 4 / Section 39-31-408
39-31-408 Modification by board of findings and order
Status: in_force

39-31-408 . Modification by board of findings and order. Until the record in a proceeding has been filed in district court, the board at any time, upon reasonable notice and in such manner as it considers proper, may modify or set aside, in whole or in part, any finding or order made or issued by it.
Mont. Code Ann. § 39-71-916 — MT Code / Title 39 / Chapter 71 / Part 9 / Section 39-71-916
39-71-916 Reimbursement of subsequent injury fund -- effect on claims experience rating
Status: in_force

39-71-916 . Reimbursement of subsequent injury fund -- effect on claims experience rating. An insurer that uses an employer's claims costs experience as a factor that influences the amount of premium charged to that particular employer by using an experience modification factor or similar rating technique may not base that factor on those claims costs that are reimbursed by the subsequent injury fund.
Mont. Code Ann. § 39-71-2317 — MT Code / Title 39 / Chapter 71 / Part 23 / Section 39-71-2317
39-71-2317 Appointment of executive director -- management staff
Status: in_force

39-71-2317 . Appointment of executive director -- management staff. The board shall appoint an executive director of the state fund who has general responsibility for the operations of the state fund. The executive director must have executive level experience, with knowledge of the insurance industry. The executive director must receive compensation as set by the board and serve at the pleasure of the board. The executive director may hire the management staff of the state fund, each of whom serves at the pleasure of the executive director.
Mont. Code Ann. § 39-51-301 — MT Code / Title 39 / Chapter 51 / Part 3 / Section 39-51-301
39-51-301 Administration -- duties and powers of department -- duties and powers of board -- emergency provisions
Status: in_force

39-51-301 . Administration -- duties and powers of department -- duties and powers of board -- emergency provisions. (1) It is the duty of the department to administer this chapter. The department may adopt, amend, or rescind rules to employ persons, make expenditures, require reports, make investigations, and take action that the department considers necessary or suitable in administering this chapter.

(2) The department shall determine its own organization and methods of procedure in accordance with the provisions of this chapter and must have an official seal, which is judicially noticed.

(3) Whenever the department believes that a change in contribution or benefit rates is necessary to protect the solvency of the fund, the department shall promptly inform the governor and the legislature and make recommendations with respect to the change.

(4) (a) The department and the board may jointly or individually issue subpoenas and compel testimony and the production of evidence, including books, records, papers, documents, and other objects that may be necessary and proper in regard to any investigation or proceeding under this chapter.

(b) If a subpoena issued and served under this section is disobeyed or if a witness refuses to testify to any matter for which the witness may be interrogated in a proceeding before the department, the department may apply to a district court for an order to compel compliance with the subpoena or testimony. Disobedience of the court's order constitutes contempt of court.

(5) (a) In the aftermath of a disaster, as defined in 10-3-103 , the department may waive, suspend, or modify its rules concerning the filing of a claim for benefits, filing continued claims, registration for work, or work search if all of the following conditions are met:

(i) the president of the United States declares a disaster pursuant to 42 U.S.C. 5170, et seq.; and

(ii) the governor issues an executive order directing the department to waive, suspend, or modify rules relating to claims.

(b) In a disaster declared under subsection (5)(a), the department may waive, suspend, or modify its rules relating to claims in portions of the state named by the department as appropriate to address the nature of the disaster and the purposes of unemployment insurance laws.

(c) The department shall verify that an employer who has laid off employees because of a disaster declared under subsection (5)(a) is in the portion of the state covered by the disaster order. If the employer is eligible, the department shall implement the provisions of 39-51-1214 (2)(i).
Mont. Code Ann. § 39-6-103 — MT Code / Title 39 / Chapter 6 / Part 1 / Section 39-6-103
39-6-103 Responsibilities of state and local boards responsible for vocational education
Status: in_force

39-6-103 . Responsibilities of state and local boards responsible for vocational education. Related and supplemental instruction for apprentices, coordination of instruction with job experiences, and the selection and training of teachers and coordinators for the instruction must be the responsibility of state and local boards that are responsible for vocational education in collaboration with the state apprenticeship agency. State and local boards may utilize subject matter experts and national programs in providing related and supplemental instruction.