reglab/housing_qa huggingface dataset:
MT Code § 39-1-105 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 1. Department of Labor and Industry|Part 1. General Provisions|39-1-105. Terminated

  39-1-105. Terminated. Sec. 10, Ch. 413, L. 2013.   History: En. Sec. 5, Ch. 413, L. 2013.
MT Code § 39-2-101 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 1. General Provisions|39-2-101. Employment defined

  39-2-101. Employment defined. The contract of employment is a contract by which one, who is called the employer, engages another, who is called the employee, to do something for the benefit of the employer or a third person.   History: En. Sec. 2650, Civ. C. 1895; re-en. Sec. 5241, Rev. C. 1907; re-en. Sec. 7756, R.C.M. 1921; Cal. Civ. C. Sec. 1965; Field Civ. C. Sec. 1004; re-en. Sec. 7756, R.C.M. 1935; R.C.M. 1947, 41-101.
MT Code § 39-2-102 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 1. General Provisions|39-2-102. What belongs to employer

  39-2-102. What belongs to employer. Everything that an employee acquires by virtue of employment, except the compensation, if any, that is due from the employee's employer, belongs to the employer, whether acquired lawfully or unlawfully or during or after the expiration of the term of the employee's employment.   History: En. Sec. 2680, Civ. C. 1895; re-en. Sec. 5263, Rev. C. 1907; re-en. Sec. 7778, R.C.M. 1921; Cal. Civ. C. Sec. 1985; Field Civ. C. Sec. 1018; re-en. Sec. 7778, R.C.M. 1935; R.C.M. 1947, 41-211; amd. Sec. 1459, Ch. 56, L. 2009.
MT Code § 39-2-103 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 1. General Provisions|39-2-103. Confidential employment

  39-2-103. Confidential employment. The obligations peculiar to confidential employments are defined in the laws relating to trusts and fiduciary relationships.   History: En. Sec. 2687, Civ. C. 1895; re-en. Sec. 5270, Rev. C. 1907; re-en. Sec. 7785, R.C.M. 1921; Cal. Civ. C. Sec. 1992; Field Civ. C. Sec. 1025; re-en. Sec. 7785, R.C.M. 1935; R.C.M. 1947, 41-218; amd. Sec. 3, Ch. 397, L. 1979.
MT Code § 39-2-104 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 1. General Provisions|39-2-104. Mandatory leave of absence for employees holding public office

  39-2-104. Mandatory leave of absence for employees holding public office. (1) Employers of employees elected or appointed to a public office in the city, county, or state shall grant the employees leaves of absence, not to exceed 180 days per year, while they are performing public service. Employees of an employer who employs 10 or more persons must, upon complying with the requirements of subsection (2), be restored to their positions, with the same seniority, status, compensation, hours, locality, and benefits as existed immediately prior to their leaves of absence for public service under this section.   (2) An employee granted a leave of absence shall make arrangements to return to work within 10 days following the completion of the service for which the leave was granted unless the employee is unable to do so because of illness or disabling injury certified to by a licensed physician.   (3) Unemployment benefits paid to a person by application of this section may not be charged against an employer under the unemployment insurance law.   History: En. Sec. 1, Ch. 185, L. 2009.
MT Code § 39-2-201 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 2. General Obligations of Employers|39-2-201. Seats for employees

  39-2-201. Seats for employees. (1) Every employer in any manufacturing, mechanical, or mercantile establishment; laundry, hotel, or restaurant; or other establishment employing any person shall provide suitable seats for all employees and shall permit them to use such seats when they are not employed in the active duties of their employment.   (2) Any employer who shall fail, neglect, or refuse to provide suitable seats, as provided in this section, or who shall permit or suffer any overseer, superintendent, or other agent of any such employer to violate any of the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined for each offense not less than $50 or more than $200 or be imprisoned in the county jail for a period of not less than 10 or more than 60 days or both such fine and imprisonment.   History: (1)En. Sec. 2, Ch. 108, L. 1913; amd. Sec. 2, Ch. 18, L. 1917; re-en. Sec. 2, Ch. 70, L. 1917; re-en. Sec. 3077, R.C.M. 1921; re-en. Sec. 3077, R.C.M. 1935; amd. Sec. 22, Ch. 535, L. 1975; Sec. 41-1119, R.C.M. 1947; (2)En. Sec. 3, Ch. 108, L. 1913; amd. Sec. 3, Ch. 18, L. 1917; re-en. Sec. 3, Ch. 70, L. 1917; re-en. Sec. 3078, R.C.M. 1921; re-en. Sec. 3078, R.C.M. 1935; amd. Sec. 1, Ch. 51, L. 1971; Sec. 41-1120, R.C.M. 1947; R.C.M. 1947, 41-1119, 41-1120.
MT Code § 39-2-202 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 2. General Obligations of Employers|39-2-202. through 39-2-204 reserved

  39-2-202 through 39-2-204 reserved.
MT Code § 39-2-205 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 2. General Obligations of Employers|39-2-205. Short title

  39-2-205. Short title. Sections 39-2-205 through 39-2-211 may be cited as the "Workforce Drug and Alcohol Testing Act".   History: En. Sec. 1, Ch. 521, L. 1997.
MT Code § 39-2-206 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 2. General Obligations of Employers|39-2-206. Definitions

  39-2-206. Definitions. As used in 39-2-205 through 39-2-211, the following definitions apply:   (1) "Alcohol" means an intoxicating agent in alcoholic beverages, ethyl alcohol, also called ethanol, or the hydrated oxide of ethyl.   (2) "Alcohol concentration" means the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath, as indicated by an evidential breath test.   (3) "Controlled substance" means a dangerous drug, as defined in 49 CFR, part 40, except a drug used pursuant to a valid prescription or as authorized by law.   (4) (a) "Employee" means an individual engaged in the performance, supervision, or management of work in a:   (i) hazardous work environment;   (ii) security position; or   (iii) position:   (A) affecting public safety or public health;   (B) in which driving a motor vehicle is necessary for any part of the individual's work duties; or   (C) involving a fiduciary responsibility for an employer.   (b) The term does not include an independent contractor or an elected official who serves on the governing body of a local government.   (5) (a) "Employer" means a person or entity that has one or more employees and that is located in or doing business in Montana.   (b) The term includes the governing body of a local government.   (6) "Governing body" means the legislative authority of a local government.   (7) "Hazardous work environment" includes but is not limited to positions:   (a) for which controlled substance and alcohol testing is mandated by federal law, such as aviation, commercial motor carrier, railroad, pipeline, and commercial marine employees;   (b) that involve the operation of or work in proximity to construction equipment, industrial machinery, or mining activities; or   (c) that involve handling or proximity to flammable materials, explosives, toxic chemicals, or similar substances.   (8) "Local government" means a city, town, county, or consolidated city-county.   (9) "Medical review officer" means a licensed physician trained in the field of substance abuse.   (10) "Prospective employee" means an individual who has made a written or oral application to an employer to become an employee.   (11) "Qualified testing program" means a program to test for the presence of controlled substances and alcohol that meets the criteria set forth in 39-2-207 and 39-2-208.   (12) "Sample" means a urine specimen, a breath test, or oral fluid obtained in a minimally invasive manner and determined to meet the reliability and accuracy criteria accepted by laboratories for the performance of drug testing that is used to determine the presence of a controlled substance or alcohol.   History: En. Sec. 2, Ch. 521, L. 1997; amd. Sec. 1, Ch. 177, L. 2005; amd. Sec. 1, Ch. 315, L. 2011.
MT Code § 39-2-208 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 2. General Obligations of Employers|39-2-208. Qualified testing program -- allowable types -- procedures

  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.   History: En. Sec. 4, Ch. 521, L. 1997.
MT Code § 39-2-209 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 2. General Obligations of Employers|39-2-209. Employee's right of rebuttal

  39-2-209. Employee's right of rebuttal. The employer shall provide an employee who has been tested under any qualified testing program described in 39-2-208 with a copy of the test report. The employer is also required to obtain, at the employee's request, an additional test of the split sample by an independent laboratory selected by the person tested. The employer shall pay for the additional tests if the additional test results are negative, and the employee shall pay for the additional tests if the additional test results are positive. The employee must be provided the opportunity to rebut or explain the results of any test.   History: En. Sec. 5, Ch. 521, L. 1997; amd. Sec. 3, Ch. 177, L. 2005.
MT Code § 39-2-210 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 2. General Obligations of Employers|39-2-210. Limitation on adverse action

  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.  History: En. Sec. 6, Ch. 521, L. 1997; amd. Sec. 2, Ch. 315, L. 2011; amd. Sec. 65, Ch. 576, L. 2021.
MT Code § 39-2-211 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 2. General Obligations of Employers|39-2-211. Confidentiality of results

  39-2-211. Confidentiality of results. (1) Except as provided in subsection (2) and except for information that is required by law to be reported to a state or federal licensing authority, all information, interviews, reports, statements, memoranda, or test results received by an employer through a qualified testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or disclosed in any public or private proceeding.   (2) Material that is confidential under subsection (1) may be used in a proceeding related to:   (a) legal action arising out of an employer's implementation of 39-2-205 through 39-2-211; or   (b) inquiries relating to a workplace accident involving death, physical injury, or property damage in excess of $1,500 when there is reason to believe that the tested employee may have caused or contributed to the accident.   History: En. Sec. 7, Ch. 521, L. 1997.
MT Code § 39-2-212 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 2. General Obligations of Employers|39-2-212. through 39-2-214 reserved

  39-2-212 through 39-2-214 reserved.
MT Code § 39-2-215 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 2. General Obligations of Employers|39-2-215. Public employer policy on support of women and breastfeeding -- unlawful discrimination

  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.   History: En. Sec. 1, Ch. 290, L. 2007.
MT Code § 39-2-216 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 2. General Obligations of Employers|39-2-216. Private place for nursing mothers

  39-2-216. Private place for nursing mothers. (1) All state and county governments, municipalities, and school districts and the university system shall make reasonable efforts to provide a room or other location in close proximity to the work area, other than a toilet stall, where an employee can express the employee's breast milk as provided in 39-2-215.   (2) All public employers are encouraged to establish policies to allow mothers who wish to continue to breastfeed after returning to work to have privacy in order to express milk and to provide facilities for milk storage.   History: En. Sec. 2, Ch. 290, L. 2007.
MT Code § 39-2-217 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 2. General Obligations of Employers|39-2-217. Break time for nursing mothers

  39-2-217. Break time for nursing mothers. All state and county governments, municipalities, and school districts and the university system shall provide reasonable unpaid break time each day to an employee who needs to express breast milk for the employee's child, as provided in 39-2-215 and 39-2-216, if breaks are currently allowed. If breaks are not currently allowed, the public employer shall consider each case and make accommodations as possible. The break time must, if possible, run concurrently with any break time already provided to the employee. A public employer is not required to provide break time under this section if to do so would unduly disrupt the public employer's operations.   History: En. Sec. 3, Ch. 290, L. 2007.
MT Code § 39-2-301 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 3. General Prohibitions on Employers|39-2-301. Unlawful for employer to require employee to pay cost of medical examination as condition of employment

  39-2-301. Unlawful for employer to require employee to pay cost of medical examination as condition of employment. (1) It shall be unlawful for any employer to require any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any records of such examination as a condition of employment.   (2) The term "employer", as used in this section, shall mean and include an individual, a partnership, an association, a corporation, a legal representative, trustee, receiver, trustee in bankruptcy, and any common carrier by rail, motor, water, air, or express company doing business in or operating within the state.   (3) The term "employee", as used in this section, shall mean and include any person who may be permitted, required, or directed by any employer, as defined in subsection (2) of this section, in consideration of direct or indirect gain or profit to engage in any employment.   (4) Any employer violating the provisions of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in any sum not exceeding $100 for each such offense.   History: En. Secs. 1, 2, 3, 4, Ch. 47, L. 1953; R.C.M. 1947, 41-113, 41-114, 41-115, 41-116.
MT Code § 39-2-302 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 3. General Prohibitions on Employers|39-2-302. Discharge or layoff of employee because of attachment or garnishment prohibited

  39-2-302. Discharge or layoff of employee because of attachment or garnishment prohibited. No employer shall discharge or lay off an employee because of attachment or garnishment served on the employer against the wages of the employee.   History: En. Sec. 1, Ch. 245, L. 1969; R.C.M. 1947, 41-305.1.
MT Code § 39-2-303 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 3. General Prohibitions on Employers|39-2-303. Deception as to character of employment, conditions of work, or existence of labor dispute prohibited

  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.   History: En. 41-118 by Sec. 2, Ch. 513, L. 1973; R.C.M. 1947, 41-118; amd. Sec. 1460, Ch. 56, L. 2009.
MT Code § 39-2-304 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 3. General Prohibitions on Employers|39-2-304. Lie detector tests prohibited

  39-2-304. Lie detector tests prohibited. A person, firm, corporation, or other business entity or its representative may not require a person to take a polygraph test or any form of a mechanical lie detector test as a condition for employment or continuation of employment.   History: En. Secs. 1, 2, Ch. 46, L. 1974; R.C.M. 1947, 41-119, 41-120; amd. Sec. 1, Ch. 482, L. 1987; amd. Sec. 1, Ch. 477, L. 1991; amd. Sec. 7, Ch. 358, L. 1995; amd. Sec. 1, Ch. 445, L. 1995; amd. Sec. 8, Ch. 521, L. 1997.
MT Code § 39-2-305 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 3. General Prohibitions on Employers|39-2-305. Employment of aliens not lawfully authorized to accept employment prohibited

  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.   History: En. 41-121 by Sec. 1, Ch. 56, L. 1977; R.C.M. 1947, 41-121.
MT Code § 39-2-306 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 3. General Prohibitions on Employers|39-2-306. Employment of persons under 18 years of age as bartenders prohibited

  39-2-306. Employment of persons under 18 years of age as bartenders prohibited. (1) No person under 18 years of age shall be employed as a bartender, waiter, or waitress whose duty is to serve customers purchasing liquors, beer, or wines in any establishment which sells liquors, beer, or wines at retail.   (2) Any retail vendor of liquors, beer, or wines who employs any such person under the age of 18 years is guilty of a misdemeanor.   History: (1)En. Sec. 1, Ch. 114, L. 1941; amd. Sec. 11, Ch. 240, L. 1971; amd. Sec. 17, Ch. 94, L. 1973; Sec. 41-1135, R.C.M. 1947; (2)En. Sec. 2, Ch. 114, L. 1941; amd. Sec. 12, Ch. 240, L. 1971; amd. Sec. 18, Ch. 94, L. 1973; Sec. 41-1136, R.C.M. 1947; R.C.M. 1947, 41-1135, 41-1136.
MT Code § 39-2-308 (2021)
2021 Montana Code Annotated|Title 39. Labor|Chapter 2. The Employment Relationship|Part 3. General Prohibitions on Employers|39-2-308. through 39-2-312 reserved

  39-2-308 through 39-2-312 reserved.