reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 73. Elevator Contractors, Mechanics, and Inspectors › Part 2. Licensing › 37-73-216. Temporary elevator mechanic's license

37-73-216. Temporary elevator mechanic's license.
(1) (a) If, in the case of an emergency or disaster as defined in 10-3-103, the department determines that the number of licensed elevator mechanics is insufficient to cope with the emergency or disaster, the department shall contact the licensed elevator contractors operating in the state and request that the elevator contractors certify to the department any persons in their employ who have an acceptable combination of education and experience to perform elevator work without direct supervision.
(b) As soon as practicable, the department shall issue to a person certified pursuant to subsection (1)(a) a temporary elevator mechanic's license.
(c) The license may not be valid for more than 30 days. However, the department may renew the license for 30-day periods in the case of a continuing emergency or disaster.
(d) The department may limit a person's temporary license to certain equipment or to certain geographical areas.
(2) (a) An elevator contractor shall inform the department if there are not any licensed elevator mechanics available to perform elevator work on behalf of the elevator contractor.
(b) The elevator contractor may submit a list to the department of any persons that the elevator contractor certifies have an acceptable combination of documented education and experience to perform the work of an elevator mechanic without direct supervision.
(c) The department shall issue a temporary elevator mechanic's license to any person, certified by an elevator contractor, who applies for a license to the department on a form supplied by the department. The department may charge a fee for a temporary license issued under this subsection that is commensurate with the department's costs in administering this subsection (2).
(d) A temporary license issued under this subsection (2) is valid for a period of 30 days, and the department shall renew the license for additional 30-day periods as long as the shortage of licensed elevator mechanics exists and the licensee is employed by the certifying elevator contractor. However, the department may refuse to renew a temporary license for any temporary licensee that the department determines has had an adequate opportunity to obtain a license under the provisions of 37-73-203 and 37-73-204.
History: En. Sec. 9, Ch. 303, L. 2005; amd. Sec. 44, Ch. 44, L. 2007.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 73. Elevator Contractors, Mechanics, and Inspectors › Part 2. Licensing › 37-73-220. License renewal -- continuing education

37-73-220. License renewal -- continuing education.
(1) (a) All licenses issued under this chapter expire on a date set by department rule.
(b) A licensee may renew a license by filing an application with the department on a form provided by the department and by paying a renewal fee in an amount established by the department by rule.
(2) The department shall establish by rule continuing education requirements for persons licensed as elevator mechanics or elevator inspectors. The department may not require less than 8 hours of continuing education for each license term. The continuing education requirement must be met by the licensee taking all of the required hours of continuing education in the year prior to the expiration of the license. The rules must include requirements for instructor certification, course content, and recordkeeping.
(3) The department shall issue a renewal license to applicants who meet the requirements of this section.
History: En. Sec. 10, Ch. 303, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 73. Elevator Contractors, Mechanics, and Inspectors › Part 2. Licensing › 37-73-221. Reasonable fees -- deposit of fees and fines

37-73-221. Reasonable fees -- deposit of fees and fines.
(1) All fees established by the department under this chapter must be commensurate with the respective program costs. Fees collected by the department under this chapter must be deposited in an account in the state special revenue fund for the use of the program.
(2) Fines collected under this chapter must be deposited in the state general fund.
History: En. Sec. 11, Ch. 303, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 73. Elevator Contractors, Mechanics, and Inspectors › Part 2. Licensing › 37-73-225. Proof of license

37-73-225. Proof of license.
(1) An employee of a private or public employment agency or labor union, a building code compliance inspector, an employee of the department, a person who is professionally responsible for a job site, or a licensed elevator mechanic or licensed elevator inspector has the right to ask a person doing work at a job site that requires an elevator mechanic's license to provide proof of licensure. If the person performing the work is unable to furnish proof of licensure, the requesting person may report that fact to the department.
(2) An employee of the department may issue a citation to and collect a fine, as provided in 37-73-226, from a person at a job site where the person is performing elevator mechanic work if the person fails to display an elevator mechanic's license or proof of licensure at the request of the department inspector.
History: En. Sec. 12, Ch. 303, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 73. Elevator Contractors, Mechanics, and Inspectors › Part 2. Licensing › 37-73-226. Failure to display license

37-73-226. Failure to display license.
(1) A citation issued by an employee of the department for failure to display an elevator mechanic's license or proof of licensure must include:
(a) the time and date on which the citation is issued;
(b) the name, residential address, and signature of the person to whom the citation is issued;
(c) reference to the statutory authority to issue the citation;
(d) the name, title, affiliation, and signature of the person issuing the citation;
(e) information explaining the procedure for the person to follow in order to pay the fine or to demonstrate proof of licensure; and
(f) the amount of the applicable fine.
(2) The applicable civil fines for failing to display a license or proof of licensure are as follows:
(a) $100 for the first offense;
(b) $250 for the second offense; and
(c) $500 for the third and any subsequent offense.
(3) Each day of violation constitutes a separate offense. The person issuing the citation is responsible for determining, by means of an up-to-date list or through telephone or other communication with the department, whether the citation being issued is for a first, second, or subsequent offense.
(4) The person who issues the citation is authorized to collect the fine, but the person who is issued a citation may pay the fine to the appropriate authority identified on the citation within 5 business days of the date of issuance. The department may waive or refund the fine upon finding that the person has demonstrated acceptable proof of licensure.
(5) A person who violates this section is also subject to the provisions of 37-1-109.
History: En. Sec. 13, Ch. 303, L. 2005; amd. Sec. 9, Ch. 366, L. 2023.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 73. Elevator Contractors, Mechanics, and Inspectors › Part 2. Licensing › 37-73-227. Repealed

37-73-227. Repealed.
Sec. 11, Ch. 366, L. 2023.
History: En. Sec. 14, Ch. 303, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 76. Athletic Agents (Repealed) › Part 1. General Provisions (Repealed) › 37-76-101. Repealed

37-76-101. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 1, Ch. 410, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 76. Athletic Agents (Repealed) › Part 1. General Provisions (Repealed) › 37-76-102. Repealed

37-76-102. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 2, Ch. 410, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 76. Athletic Agents (Repealed) › Part 1. General Provisions (Repealed) › 37-76-103. Repealed

37-76-103. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 3, Ch. 410, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 76. Athletic Agents (Repealed) › Part 1. General Provisions (Repealed) › 37-76-104. Repealed

37-76-104. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 4, Ch. 410, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 76. Athletic Agents (Repealed) › Part 1. General Provisions (Repealed) › 37-76-105. Repealed

37-76-105. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 5, Ch. 410, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 76. Athletic Agents (Repealed) › Part 1. General Provisions (Repealed) › 37-76-106. Repealed

37-76-106. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 6, Ch. 410, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 76. Athletic Agents (Repealed) › Part 1. General Provisions (Repealed) › 37-76-107. Repealed

37-76-107. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 7, Ch. 410, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 76. Athletic Agents (Repealed) › Part 1. General Provisions (Repealed) › 37-76-108. Repealed

37-76-108. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 8, Ch. 410, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 76. Athletic Agents (Repealed) › Part 1. General Provisions (Repealed) › 37-76-109. Repealed

37-76-109. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 9, Ch. 410, L. 2003; amd. Sec. 123, Ch. 467, L. 2005.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 76. Athletic Agents (Repealed) › Part 1. General Provisions (Repealed) › 37-76-113. Repealed

37-76-113. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 10, Ch. 410, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 76. Athletic Agents (Repealed) › Part 1. General Provisions (Repealed) › 37-76-114. Repealed

37-76-114. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 11, Ch. 410, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 76. Athletic Agents (Repealed) › Part 1. General Provisions (Repealed) › 37-76-115. Repealed

37-76-115. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 12, Ch. 410, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 76. Athletic Agents (Repealed) › Part 1. General Provisions (Repealed) › 37-76-116. Repealed

37-76-116. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 13, Ch. 410, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 76. Athletic Agents (Repealed) › Part 1. General Provisions (Repealed) › 37-76-117. Repealed

37-76-117. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 14, Ch. 410, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 76. Athletic Agents (Repealed) › Part 1. General Provisions (Repealed) › 37-76-118. Repealed

37-76-118. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 15, Ch. 410, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 76. Athletic Agents (Repealed) › Part 1. General Provisions (Repealed) › 37-76-119. Repealed

37-76-119. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 16, Ch. 410, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 76. Athletic Agents (Repealed) › Part 1. General Provisions (Repealed) › 37-76-120. Repealed

37-76-120. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 17, Ch. 410, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 76. Athletic Agents (Repealed) › Part 1. General Provisions (Repealed) › 37-76-121. Repealed

37-76-121. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 18, Ch. 410, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 76. Athletic Agents (Repealed) › Part 1. General Provisions (Repealed) › 37-76-122. Repealed

37-76-122. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 19, Ch. 410, L. 2003.
2023 Montana Code Annotated › Title 37. Professions and Occupations › Chapter 76. Athletic Agents (Repealed) › Part 1. General Provisions (Repealed) › 37-76-123. Repealed

37-76-123. Repealed.
Sec. 24, Ch. 11, L. 2007.
History: En. Sec. 20, Ch. 410, L. 2003.
2023 Montana Code Annotated › Title 39. Labor › Chapter 1. Department of Labor and Industry › Part 1. General Provisions › 39-1-101. Definitions

39-1-101. Definitions.
As used in this chapter, unless the context requires otherwise the following definitions apply:
(1) "Commissioner" means the commissioner of labor and industry as provided for in 2-15-1701.
(2) "Department" means the department of labor and industry as provided for in 2-15-1701.
History: En. 39-1-101 by Sec. 1, Ch. 397, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 1. Department of Labor and Industry › Part 1. General Provisions › 39-1-102. Duties of department

39-1-102. Duties of department.
(1) The department shall enforce all the laws of Montana relating to hours of labor, conditions of labor, prosecution of employers who default in payment of wages, protection of employees, and all laws relating to child labor that regulate the employment of children in any manner and shall administer the laws of the state relating to free employment offices and all other state labor laws. The department shall investigate and enforce the laws prohibiting discrimination contained in Title 49, chapters 2 and 3, and provide a means for conciliation between parties.
(2) In carrying out its duties, the department may not use any undue influence against any person. The department shall:
(a) follow all rules and regulations in its communication with any person; and
(b) inform all persons of their rights, including the right to file a formal complaint with the department.
History: En. Sec. 5, Ch. 177, L. 1951; amd. Sec. 1, Ch. 451, L. 1975; R.C.M. 1947, 41-1605(1); amd. Sec. 2, Ch. 397, L. 1979; amd. Sec. 3, Ch. 467, L. 1997; amd. Sec. 1, Ch. 393, L. 2023.
2023 Montana Code Annotated › Title 39. Labor › Chapter 1. Department of Labor and Industry › Part 1. General Provisions › 39-1-103. Powers of department

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.
History: En. Sec. 5, Ch. 177, L. 1951; amd. Sec. 1, Ch. 451, L. 1975; R.C.M. 1947, 41-1605(2); amd. Sec. 50, Ch. 613, L. 1989; amd. Sec. 1458, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 1. Department of Labor and Industry › Part 1. General Provisions › 39-1-104. Cooperation with federal government

39-1-104. Cooperation with federal government.
The department may and is hereby authorized to assist and cooperate with the wage and hour division and the children's bureau, U.S. department of labor, in the enforcement within this state of the Fair Labor Standards Act of 1938, approved June 25, 1938, and, subject to the regulations of the administrator of the wage and hour division or the chief of the children's bureau, as the case may be, and the laws of the state applicable to the receipt and expenditure of moneys, may be reimbursed by said wage and hour division or said children's bureau for the reasonable cost of such assistance and cooperation.
History: En. Sec. 1, Ch. 56, L. 1939; R.C.M. 1947, 41-1137.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 2. General Obligations of Employers › 39-2-221. Reporting of violence against health care employee

39-2-221. (Temporary) Reporting of violence against health care employee.
(1) If a health care employee suffers an act of violence while on duty, the health care employer shall ensure that the health care employee and any employees who witnessed the act of violence provide oral reports to the health care employer. The oral reports must be made by the fastest possible means, absent circumstances beyond the control of the health care employer, and not later than 24 hours after the act of violence.
(2) The health care employer of a health care employee who suffers an act of violence shall report the event to law enforcement if the health care employee consents.
(3) (a) After the health care employer receives an oral report under subsection (1), the health care employer shall produce a written report that includes the following:
(i) the phone number, address, and contact person for the health care employer;
(ii) the job title, name, phone number, and address of the health care employee who suffered the act of violence;
(iii) the name, phone number, and address of the person who committed the act of violence, if known; and
(iv) a detailed description of the act of violence, noting the date and time the oral report was made.
(b) Reports created in accordance with this section are not considered protected health care information and must be retained by health care employers separate and apart from a patient's medical record.
(4) The health care employer shall retain a copy of the written report for 5 years and provide copies of the reports to the department of justice quarterly or on request by the department of justice. Disclosure of this information by a health care employer should be made on a minimum necessary basis and the disclosure is authorized by 50-16-805.
(5) Based on information received under this section, the department of justice shall compile an annual report on workplace violence in health care and publish the report to its website annually.
(6) For the purposes of this section, the following definitions apply:
(a) "Act of violence" means an action in which a person intentionally or purposefully uses force that causes injury to another person or threatens to use force against a person that causes substantial fear of injury to the person.
(b) "Health care employee" means any employee who is employed by a health care employer and who provides health care services in the course of employment.
(c) (i) "Health care employer" means an employer of health care employees.
(ii) The term does not include the department of public health and human services or any health care facility operated by, or on behalf of, the department of public health and human services. (Terminates June 30, 2025--sec. 4, Ch. 516, L. 2023.)
History: En. Sec. 1, Ch. 516, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 3. General Prohibitions on Employers › 39-2-313. Discrimination prohibited for use of lawful product during nonworking hours -- exceptions

39-2-313. Discrimination prohibited for use of lawful product during nonworking hours -- exceptions.
(1) For purposes of this section, "lawful product" means a product that is legally consumed, used, or enjoyed and includes food, beverages, tobacco, and marijuana.
(2) Except as provided in subsections (3) and (4), an employer may not refuse to employ or license and may not discriminate against an individual with respect to compensation, promotion, or the terms, conditions, or privileges of employment because the individual legally uses a lawful product off the employer's premises during nonworking hours.
(3) Subsection (2) does not apply to:
(a) use of a lawful product, that:
(i) affects in any manner an individual's ability to perform job-related employment responsibilities or the safety of other employees; or
(ii) conflicts with a bona fide occupational qualification that is reasonably related to the individual's employment;
(b) an individual who, on a personal basis, has a professional service contract with an employer and the unique nature of the services provided authorizes the employer, as part of the service contract, to limit the use of certain products; or
(c) an employer that is a nonprofit organization that, as one of its primary purposes or objectives, discourages the use of one or more lawful products by the general public.
(4) An employer does not violate this section if the employer takes action based on the belief that the employer's actions are permissible under an established substance abuse or alcohol program or policy, professional contract, or collective bargaining agreement.
(5) An employer may offer, impose, or have in effect a health, disability, or life insurance policy that makes distinctions between employees for the type or price of coverage based on the employees' use of a product if:
(a) differential rates assessed against employees reflect actuarially justified differences in providing employee benefits;
(b) the employer provides an employee with written notice delineating the differential rates used by the employer's insurance carriers; and
(c) the distinctions in the type or price of coverage are not used to expand, limit, or curtail the rights or liabilities of a party in a civil cause of action.
History: En. Sec. 1, Ch. 193, L. 1993; amd. Sec. 3, Ch. 315, L. 2011; amd. Sec. 66, Ch. 576, L. 2021.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 3. General Prohibitions on Employers › 39-2-314. Civil action limitation

39-2-314. Civil action limitation.
(1) Except as provided in subsection (2), an individual who is discharged, discriminated against, or denied employment in violation of 39-2-313 may file a civil action against an employer within 1 year of the alleged violation and the court may require any reasonable measure to correct the discriminatory practice and to rectify the harm, pecuniary or otherwise, to the person discriminated against and may allow reasonable attorney fees to the prevailing party.
(2) Prior to filing a civil action under subsection (1), an employee shall, within 120 days of the alleged violation, initiate any internal grievance procedure available. If a grievance procedure is not exhausted within 120 days, the employee may file a civil action.
History: En. Sec. 2, Ch. 193, L. 1993.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 4. General Obligations of Employees › 39-2-401. Duties of gratuitous employee

39-2-401. Duties of gratuitous employee.
(1) One who without consideration undertakes to do a service for another is not bound to perform the service, but if the person actually enters upon its performance, the person shall use at least slight care and diligence in performing the service.
(2) One who by the person's own special request induces another to entrust the person with the performance of a service shall perform the same fully. In other cases, one who undertakes a gratuitous service may relinquish it at any time.
(3) A gratuitous employee who accepts a written power of attorney shall act under it as long as it remains in force or until the gratuitous employee gives notice to the employer that the employee will not act under the power of attorney.
History: (1)En. Sec. 2670, Civ. C. 1895; re-en. Sec. 5253, Rev. C. 1907; re-en. Sec. 7768, R.C.M. 1921; Cal. Civ. C. Sec. 1975; Field Civ. C. Sec. 1008; re-en. Sec. 7768, R.C.M. 1935; Sec. 41-201, R.C.M. 1947; (2)En. Sec. 2671, Civ. C. 1895; re-en. Sec. 5254, Rev. C. 1907; re-en. Sec. 7769, R.C.M. 1921; Cal. Civ. C. Sec. 1976; Field Civ. C. Sec. 1009; re-en. Sec. 7769, R.C.M. 1935; Sec. 41-202, R.C.M. 1947; (3)En. Sec. 2672, Civ. C. 1895; re-en. Sec. 5255, Rev. C. 1907; re-en. Sec. 7770, R.C.M. 1921; Cal. Civ. C. Sec. 1977; Field Civ. C. Sec. 1010; re-en. Sec. 7770, R.C.M. 1935; Sec. 41-203, R.C.M. 1947; R.C.M. 1947, 41-201, 41-202, 41-203; amd. Sec. 1461, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 2. The Employment Relationship › Part 4. General Obligations of Employees › 39-2-402. Duties of employee for reward

39-2-402. Duties of employee for reward.
One who for a good consideration agrees to serve another shall perform the service and shall use ordinary care and diligence in performing the service as long as the person is employed.
History: En. Sec. 2673, Civ. C. 1895; re-en. Sec. 5256, Rev. C. 1907; re-en. Sec. 7771, R.C.M. 1921; Cal. Civ. C. Sec. 1978; Field Civ. C. Sec. 1011; re-en. Sec. 7771, R.C.M. 1935; R.C.M. 1947, 41-204; amd. Sec. 1462, Ch. 56, L. 2009.