reglab/housing_qa huggingface dataset:
MT Code § 39-3-213 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 2. Payment of Wages|39-3-213. Disposition of wages

  39-3-213. Disposition of wages. (1) The commissioner of labor may deposit wages collected under parts 2 and 4 of this chapter into the wage collection fund and with respect to wages deposited into the fund shall attempt to make payment of wages to the entitled person. Wages deposited into the wage collection fund do not bear interest. The wage collection fund is a custodial fund as provided in 17-2-102(3)(d). The payment of wages collected may be made by means of state warrants.   (2) A warrant issued pursuant to subsection (1) that remains unclaimed for more than 6 months from the date of issuance must be returned to the state treasurer to be stale-dated in accordance with 17-8-303.   History: En. 41-1314.3 by Sec. 1, Ch. 164, L. 1974; R.C.M. 1947, 41-1314.3; amd. Sec. 1, Ch. 53, L. 1979; amd. Sec. 2, Ch. 5, L. 1995; amd. Sec. 28, Ch. 325, L. 1995; amd. Sec. 48, Ch. 7, L. 2001; amd. Sec. 19, Ch. 34, L. 2001; amd. Sec. 1, Ch. 14, L. 2005; amd. Sec. 4, Ch. 46, L. 2007; amd. Sec. 2, Ch. 12, L. 2011; amd. Sec. 8, Ch. 185, L. 2019.
MT Code § 39-3-214 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 2. Payment of Wages|39-3-214. Court costs and attorney fees

  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.   History: (1)En. Sec. 6, Ch. 11, L. 1919; re-en. Sec. 3089, R.C.M. 1921; re-en. Sec. 3089, R.C.M. 1935; Sec. 41-1306, R.C.M. 1947; (2), (3)En. Sec. 4, Ch. 40, L. 1967; Sec. 41-1314.2, R.C.M. 1947; R.C.M. 1947, 41-1306, 41-1314.2(part); amd. Sec. 15, Ch. 397, L. 1979; amd. Sec. 1488, Ch. 56, L. 2009.
MT Code § 39-3-215 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 2. Payment of Wages|39-3-215. Authority of county attorney

  39-3-215. Authority of county attorney. This part may not be construed to limit the authority of the county attorney of any county of the state to prosecute actions, both civil and criminal, for violations of this part or to enforce the provisions of this part independently and without specific direction of the commissioner of labor.   History: En. Sec. 2, Ch. 11, L. 1919; re-en. Sec. 3085, R.C.M. 1921; re-en. Sec. 3085, R.C.M. 1935; amd. Sec. 2, Ch. 169, L. 1941; amd. Sec. 1, Ch. 40, L. 1967; R.C.M. 1947, 41-1302(part); amd. Sec. 1489, Ch. 56, L. 2009.
MT Code § 39-3-216 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 2. Payment of Wages|39-3-216. Mediation -- hearing

  39-3-216. Mediation -- hearing. (1) If the department determines that a wage claim is valid and the employer does not appeal the determination, the department may enter a default order against the employer for the amount of wages due and for any penalty assessed pursuant to 39-3-206. The department may enforce the default order pursuant to 39-3-212.   (2) If a party disputes the determination of the department prior to a contested case, the department shall conduct mediation of the dispute in accordance with guidelines to be established by department rule.   (3) When the department determines that a wage claim is valid, the department shall mail the determination to the parties at the last-known address of each party. If a party appeals the department's determination within 15 days after the determination is mailed by the department, 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. The hearing may be conducted by telephone or by videoconference. The department shall by rule provide relief for a person who does not receive the determination by mail.   (4) The decision of the hearings officer is final unless an aggrieved party requests a rehearing or initiates judicial review, pursuant to Title 2, chapter 4, part 7, by filing a petition in district court within 30 days of the date of mailing of the hearings officer's decision.   History: En. Sec. 2, Ch. 554, L. 1989; amd. Sec. 4, Ch. 490, L. 1991; amd. Sec. 4, Ch. 134, L. 1993; amd. Sec. 6, Ch. 90, L. 1995; amd. Sec. 5, Ch. 442, L. 1999.
MT Code § 39-3-217 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 2. Payment of Wages|39-3-217. Repealed

  39-3-217. Repealed. Sec. 26, Ch. 442, L. 1999.   History: En. Sec. 3, Ch. 554, L. 1989; amd. Sec. 7, Ch. 90, L. 1995.
MT Code § 39-3-218 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 2. Payment of Wages|39-3-218. Tip pools allowed -- requirements -- prohibitions -- compulsory charges distinguished

  39-3-218. Tip pools allowed -- requirements -- prohibitions -- compulsory charges distinguished. (1) An employer may impose a tip pooling arrangement as provided in this section.  (2) A tip pooling arrangement may include employees involved in providing customer service or food preparation, including but not limited to servers, hosts, bussers, dishwashers, cooks, or other employees. This section does not impose a minimum or maximum contribution percentage on mandatory tip pools; however, employees may not be required to contribute to a tip pool more than the amount received in tips.   (3) An employer:   (a) shall notify its employees of any required tip pooling arrangement;   (b) may not participate in a tip pool;   (c) may not include exempt salaried supervisors or managers in a tip pool. However, an employer does not violate this subsection (3) if the employer, supervisors, or managers keep tips they receive directly from customers based on the service directly provided by them.   (d) may control an employee's tips only to distribute tips to the employee who received them or when the employer facilitates tip pooling by collecting and distributing tips to employees in a tip pool. An employer that facilitates tip pooling by collecting and redistributing employees' tips must fully distribute any tips the employer collects no later than the regular payday for the workweek in which the tips were collected. An employer that collects tips received by the employees to operate a mandatory tip pooling arrangement shall maintain and preserve payroll or other records evidencing tips received and distributed pursuant to the tip pool.   History: En. Sec. 1, Ch. 379, L. 2021.
MT Code § 39-3-301 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 3. Reciprocal Agreement for Collection of Wages Act|39-3-301. Short title

  39-3-301. Short title. This part may be cited as "The Reciprocal Agreement for Collection of Wages Act of 1977".   History: En. 41-1326 by Sec. 1, Ch. 216, L. 1977; R.C.M. 1947, 41-1326.
MT Code § 39-3-302 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 3. Reciprocal Agreement for Collection of Wages Act|39-3-302. Purpose

  39-3-302. Purpose. The purpose of this part is to provide for a method of reciprocal enforcement in other states of Montana's wage payment laws contained in part 2 of this chapter and to provide for reciprocal enforcement in Montana of similar wage payment laws of other states.   History: En. 41-1327 by Sec. 2, Ch. 216, L. 1977; R.C.M. 1947, 41-1327.
MT Code § 39-3-303 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 3. Reciprocal Agreement for Collection of Wages Act|39-3-303. Reciprocal agreements for collection of wages

  39-3-303. Reciprocal agreements for collection of wages. The department of labor and industry may enter into reciprocal agreements with the labor department or corresponding agency of another state or with the person, board, officer, or commission authorized to act for and on behalf of the department or agency for the collection in the other state of claims or judgments for wages and other demands based upon claims previously assigned to the department of labor and industry.   History: En. 41-1328 by Sec. 3, Ch. 216, L. 1977; R.C.M. 1947, 41-1328.
MT Code § 39-3-304 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 3. Reciprocal Agreement for Collection of Wages Act|39-3-304. Actions in other states for collections of claims -- assignments for collection

  39-3-304. Actions in other states for collections of claims -- assignments for collection. The department of labor and industry may, to the extent provided by a reciprocal agreement entered into pursuant to 39-3-303 or by the laws of another state, maintain actions in the courts of another state for the collection of claims for wages, judgments, and other demands and may assign the claims, judgments, and demands to the labor department or agency of another state for collection to the extent permitted or provided for by the laws of the other state or by reciprocal agreement.   History: En. 41-1329 by Sec. 4, Ch. 216, L. 1977; R.C.M. 1947, 41-1329.
MT Code § 39-3-305 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 3. Reciprocal Agreement for Collection of Wages Act|39-3-305. Claims assigned by other states -- actions -- collection

  39-3-305. Claims assigned by other states -- actions -- collection. The department of labor and industry may, upon the written request of the labor department or other corresponding agency of another state or a person, board, officer, or commission of the other state authorized to act for and on behalf of the labor department or corresponding agency, maintain actions in the courts of this state upon assigned claims for wages, judgments, and demands arising in the other state in the same manner and to the same extent that these actions by the department of labor and industry are authorized when arising in this state. However, these actions may be commenced and maintained only in those cases where the other state, by appropriate legislation or by reciprocal agreement, extends a like comity to similar cases arising in this state.   History: En. 41-1330 by Sec. 5, Ch. 216, L. 1977; R.C.M. 1947, 41-1330.
MT Code § 39-3-306 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 3. Reciprocal Agreement for Collection of Wages Act|39-3-306. Limitations

  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.   History: En. 41-1331 by Sec. 6, Ch. 216, L. 1977; R.C.M. 1947, 41-1331.
MT Code § 39-3-401 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 4. Minimum Wage and Overtime Compensation|39-3-401. Declaration of policy

  39-3-401. Declaration of policy. It is declared to be the policy of this part to:   (1) establish minimum wage and overtime compensation standards for workers at levels consistent with their health, efficiency, and general well-being;   (2) safeguard existing minimum wage and overtime compensation standards which are adequate to maintain the health, efficiency, and general well-being of workers against the unfair competition of wage and hour standards which do not provide such adequate standards of living; and   (3) sustain purchasing power and increase employment opportunities.   History: En. Sec. 1, Ch. 417, L. 1971; R.C.M. 1947, 41-2301.
MT Code § 39-3-402 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 4. Minimum Wage and Overtime Compensation|39-3-402. Definitions

  39-3-402. Definitions. As used in this part, the following definitions apply:   (1) "Commissioner" means the commissioner of labor and industry.   (2) "Employ" means to suffer or permit to work.   (3) "Employee" means an individual employed by an employer.   (4) (a) "Farm or ranch" means an endeavor primarily engaged in cultivating the soil or in connection with raising or harvesting an agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, and poultry and fur-bearing animals and wildlife.   (b) As used in this subsection (4), "livestock" includes ostriches, rheas, and emus.   (5) "Farm worker" means a person employed to do a service performed on a farm or ranch.   (6) "Occupation" means an occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which employees are gainfully employed.   (7) (a) "Wage" means compensation due to an employee by reason of employment, payable in legal tender of the United States or check on banks convertible into cash on demand at full face value, subject to an allowance as may be permitted by regulations of the commissioner under 39-3-403. The term "wage" includes the reasonable cost to the employer of furnishing the employee with lodging or any other facility if the lodging or other facility is customarily furnished by the employer to employees. However, the inclusion may not exceed an amount equal to 40% of the total wage paid by the employer to the employee.   (b) The term "wage" does not include the cost to the employer of providing meals or a meal allowance to the employee or the value of tips or gratuities that are covered by section 3402(k) or service charges that are covered by section 3401 of the Internal Revenue Code of 1954, as amended and applicable on January 1, 1983, received by employees for services rendered by them to patrons of premises or businesses licensed to provide food, beverage, or lodging.   (c) For the purposes of this subsection (7), "service charge" means an arbitrary fixed charge added to the customer's bill by an employer in lieu of a tip. It is collected by the employer and must be distributed directly to the nonmanagement employee preparing or serving the food or beverage or to any other employee involved in related services, pursuant to a tip pool agreement.   History: En. Sec. 2, Ch. 417, L. 1971; R.C.M. 1947, 41-2302; amd. Sec. 1, Ch. 446, L. 1987; amd. Sec. 1, Ch. 216, L. 1991; amd. Sec. 6, Ch. 206, L. 1995; amd. Sec. 2, Ch. 479, L. 1995.
MT Code § 39-3-403 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 4. Minimum Wage and Overtime Compensation|39-3-403. Rulemaking authority

  39-3-403. Rulemaking authority. The commissioner shall adopt and revise administrative rules to carry out the purposes of this part.   History: En. Sec. 5, Ch. 417, L. 1971; R.C.M. 1947, 41-2305; amd. Sec. 8, Ch. 90, L. 1995.
MT Code § 39-3-404 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 4. Minimum Wage and Overtime Compensation|39-3-404. Minimum wage

  39-3-404. Minimum wage. (1) Except as otherwise provided in this part and except for farm workers as provided in subsection (2), an employer shall pay to each employee a wage of not less than the applicable minimum wage as determined by the commissioner in accordance with 39-3-409.   (2) In the case of a farm worker employed for a part of a calendar year that includes periods requiring working hours in excess of 8 hours a day and other seasonal periods requiring working hours substantially less than 8 hours a day, the employer may pay the worker at a fixed rate of compensation during the term of employment. The employer may elect to:   (a) keep a record of the total number of hours worked by the worker during the part of the year during which the worker was employed bythe employer, but the total wages paid by the employer to the employee for that part of the year during which the employee was employed by the employer may not be less than the applicable minimum wage rate multiplied by the total number of hours worked; or   (b) in lieu of the minimum wage set forth in this part, pay the farm worker a wage as defined in this section on a monthly basis. This monthly compensation must constitute a minimum wage and may not be less than $635 a month beginning January 1, 1990.   History: En. Sec. 3, Ch. 417, L. 1971; amd. Sec. 1, Ch. 363, L. 1973; amd. Sec. 1, Ch. 421, L. 1975; R.C.M. 1947, 41-2303(a), (c); amd. Sec. 1, Ch. 410, L. 1981; amd. Sec. 1, Ch. 360, L. 1985; amd. Sec. 1, Ch. 674, L. 1989; amd. Sec. 1490, Ch. 56, L. 2009.
MT Code § 39-3-405 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 4. Minimum Wage and Overtime Compensation|39-3-405. Overtime compensation

  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.   History: En. Sec. 3, Ch. 417, L. 1971; amd. Sec. 1, Ch. 363, L. 1973; amd. Sec. 1, Ch. 421, L. 1975; R.C.M. 1947, 41-2303(b); amd. Sec. 1, Ch. 71, L. 2001.
MT Code § 39-3-407 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 4. Minimum Wage and Overtime Compensation|39-3-407. Enforcement

  39-3-407. Enforcement. Enforcement of this part shall be treated as a wage claim action and shall be pursued in accordance with part 2 of this chapter, as amended. This part may also be enforced in accordance with part 5 of this chapter for the benefit of certain employees in the mineral and oil industry. The commissioner may enforce this part without the necessity of a wage assignment.   History: En. Sec. 6, Ch. 417, L. 1971; amd. Sec. 2, Ch. 363, L. 1973; R.C.M. 1947, 41-2306; amd. Sec. 1, Ch. 49, L. 1979.
MT Code § 39-3-408 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 4. Minimum Wage and Overtime Compensation|39-3-408. Provisions cumulative

  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.   History: En. Sec. 7, Ch. 417, L. 1971; amd. Sec. 3, Ch. 363, L. 1973; R.C.M. 1947, 41-2307; amd. Sec. 2, Ch. 446, L. 1987; amd. Sec. 3, Ch. 71, L. 2001.
MT Code § 39-3-409 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 4. Minimum Wage and Overtime Compensation|39-3-409. Adoption of minimum wage rates -- exception

  39-3-409. Adoption of minimum wage rates -- exception. (1) The minimum wage, except as provided in subsection (3), must be the greater of either:   (a) the minimum hourly wage rate as provided under the federal Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)), excluding the value of tips received by the employee and the special provisions for a training wage; or   (b) $6.15 an hour, excluding the value of tips received by the employee and the special provisions for a training wage.   (2) (a) The minimum wage is subject to a cost-of-living adjustment, as provided in subsection (2)(b).   (b) No later than September 30 of each year, an adjustment of the wage amount specified in subsection (1) must be made based upon the increase, if any, from August of the preceding year to August of the year in which the calculation is made in the consumer price index, U.S. city average, all urban consumers, for all items, as published by the bureau of labor statistics of the United States department of labor.   (c) The wage amount established under this subsection (2):   (i) must be rounded to the nearest 5 cents; and   (ii) becomes effective as the new minimum wage, replacing the dollar figure specified in subsection (1), on January 1 of the following year.   (3) The minimum wage rate for a business whose annual gross sales are $110,000 or less is $4 an hour.   History: En. Sec. 2, Ch. 674, L. 1989; amd. Sec. 1, Ch. 650, L. 1991; amd. Sec. 1, I.M. No. 151, approved Nov. 7, 2006.
MT Code § 39-3-410 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 4. Minimum Wage and Overtime Compensation|39-3-410. Repealed

  39-3-410. Repealed. Sec. 2, Ch. 650, L. 1991.   History: En. Sec. 3, Ch. 674, L. 1989.
MT Code § 39-3-501 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 3. Wages and Wage Protection|Part 5. Wage Protection for Certain Employees of Mineral and Oil Industry|39-3-501. Certain laws extended to certain employers in mineral and oil industry

  39-3-501. Certain laws extended to certain employers in mineral and oil industry. For the purposes of this part, all the provisions of part 2 of this chapter extend to and govern every person, firm, partnership, or corporation engaged in the business of extracting or of extracting and refining or reducing metals and minerals or mining for coal or drilling for oil, except persons, firms, partnerships, or corporations that have a free and unencumbered title to not less than one-half the fee of the property being worked. For this purpose, an outstanding unpaid or unredeemed tax lien certificate is not considered an encumbrance.   History: En. Sec. 1, Ch. 39, L. 1939; R.C.M. 1947, 41-1312; amd. Sec. 16, Ch. 397, L. 1979; amd. Sec. 28, Ch. 110, L. 2007; amd. Sec. 32, Ch. 67, L. 2017.