reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 2. Payment of Wages › 39-3-201. Definitions

39-3-201. Definitions.
The following are the definitions used for the purpose of this part:
(1) "Commissioner of labor" refers to the director, commissioner, or chief of the department of labor and industry, as the department is defined by law, or any person or persons designated by the director, commissioner, or chief for the purpose of this part.
(2) "Department" means the department of labor and industry as provided for in 2-15-1701.
(3) "Employ" means to permit or suffer to work.
(4) "Employee" includes any person who works for another for hire, except that the term does not include a person who is an independent contractor.
(5) "Employer" includes any individual, partnership, association, corporation, business trust, legal representative, or organized group of persons acting directly or indirectly in the interest of an employer in relation to an employee but does not include the United States.
(6) (a) "Wages" includes any money due an employee from the employer or employers, whether to be paid by the hour, day, week, semimonthly, monthly, or yearly, and includes bonus, piecework, and all tips and gratuities that are covered by section 3402(k) and 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.
(b) For the purposes of this subsection (6), "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. 1, Ch. 11, L. 1919; re-en. Sec. 3084, R.C.M. 1921; re-en. Sec. 3084, R.C.M. 1935; amd. Sec. 1, Ch. 169, L. 1941; amd. Sec. 1, Ch. 64, L. 1975; R.C.M. 1947, 41-1301(3); amd. Sec. 1, Ch. 554, L. 1989; amd. Sec. 1, Ch. 479, L. 1995; amd. Sec. 2, Ch. 442, L. 1999; amd. Sec. 1, Ch. 12, L. 2011.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 2. Payment of Wages › 39-3-202. Rulemaking power of commissioner

39-3-202. Rulemaking power of commissioner.
The commissioner is authorized to issue, amend, and enforce rules for the purpose of carrying out the provisions of this part.
History: En. Sec. 4, Ch. 40, L. 1967; R.C.M. 1947, 41-1314.2(part); amd. Sec. 9, Ch. 397, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 2. Payment of Wages › 39-3-203. Employer to notify employee on written demand as to rate of wages and date of paydays

39-3-203. Employer to notify employee on written demand as to rate of wages and date of paydays.
(1) Each employer or an authorized representative of the employer shall, on written demand, prior to the commencing of work, notify each employee as to the rate of wages to be paid, whether by the hour, day, week, month, or year, and date of paydays. Such notification must be in writing to each employee or by posting of notice in a conspicuous place.
(2) The provisions of this section do not apply to an employer who has entered into a signed collective bargaining agreement, when such agreement contains conditions of employment, wages to be received, and hours to be worked, or to employers engaged in agriculture or stockraising; provided, however, such employers shall comply with the provisions of 39-3-205.
History: En. Sec. 1, Ch. 11, L. 1919; re-en. Sec. 3084, R.C.M. 1921; re-en. Sec. 3084, R.C.M. 1935; amd. Sec. 1, Ch. 169, L. 1941; amd. Sec. 1, Ch. 64, L. 1975; R.C.M. 1947, 41-1301(1); amd. Sec. 10, Ch. 397, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 2. Payment of Wages › 39-3-204. Payment of wages generally

39-3-204. Payment of wages generally.
(1) Except as provided in subsections (2) and (3), every employer of labor in the state of Montana shall pay to each employee the wages earned by the employee in lawful money of the United States or checks on banks convertible into cash on demand at the full face value of the checks, and a person for whom labor has been performed may not withhold from any employee any wages earned or unpaid for a longer period than 10 business days after the wages are due and payable, except as provided in 39-3-205. However, reasonable deductions may be made for board, room, and other incidentals supplied by the employer, whenever the deductions are a part of the conditions of employment, or as otherwise provided for by law.
(2) Wages may be paid to the employee by electronic funds transfer or similar means of direct deposit if the employee has consented in writing or electronically, if a record is retained, to be paid in this manner. However, an employee may not be required to use electronic funds transfer or similar means of direct deposit as a method for payment of wages.
(3) If an employee submits a timesheet after the employer's established deadline for processing employee timesheets for a particular time period and the employer does not pay the employee within the 10-day period provided for in subsection (1), the employer may pay the employee the wages due in the ensuing pay period. An employer may not withhold payment of the employee's wages beyond the next ensuing pay period. If there is not an established time period or time when wages are due and payable, the pay period is presumed to be semimonthly in length.
History: En. Sec. 1, Ch. 11, L. 1919; re-en. Sec. 3084, R.C.M. 1921; re-en. Sec. 3084, R.C.M 1935; amd. Sec. 1, Ch. 169, L. 1941; amd. Sec. 1, Ch. 64, L. 1975; R.C.M. 1947, 41-1301(2); amd. Sec. 11, Ch. 397, L. 1979; amd. Sec. 1, Ch. 134, L. 1993; amd. Sec. 1, Ch. 301, L. 2003; amd. Sec. 1, Ch. 26, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 2. Payment of Wages › 39-3-205. Payment of wages when employee separated from employment prior to payday -- exceptions

39-3-205. Payment of wages when employee separated from employment prior to payday -- exceptions.
(1) Except as provided in subsection (2) or (3), when an employee separates from the employ of any employer, all the unpaid wages of the employee are due and payable on the next regular payday for the pay period during which the employee was separated from employment or 15 days from the date of separation from employment, whichever occurs first, either through the regular pay channels or by mail if requested by the employee.
(2) Except as provided in subsection (3), when an employee is separated for cause or laid off from employment by the employer, all the unpaid wages of the employee are due and payable immediately upon separation unless the employer has a written personnel policy governing the employment that extends the time for payment of final wages to the employee's next regular payday for the pay period or to within 15 days from the separation, whichever occurs first.
(3) When an employee is discharged by reason of an allegation of theft of property or funds connected to the employee's work, the employer may withhold from the employee's final paycheck an amount sufficient to cover the value of the theft if:
(a) the employee agrees in writing to the withholding; or
(b) the employer files a report of the theft with the local law enforcement agency within 7 business days of the separation from employment, subject to the following conditions:
(i) if no charges are filed in a court of competent jurisdiction against the employee for the alleged theft within 30 days of the filing of the report with a local law enforcement agency, wages are due and payable upon the expiration of the 30-day period.
(ii) if charges are filed against the employee for theft, the court may order the withheld wages to be offset by the value of the theft. If the employee is found not guilty or if the employer withholds an amount in excess of the value of the theft, the court may order the employer to pay the employee the withheld amount plus interest.
History: En. Sec. 3, Ch. 11, L. 1919; amd. Sec. 1, Ch. 66, L. 1921; re-en. Sec. 3086, R.C.M. 1921; re-en. Sec. 3086, R.C.M. 1935; amd. Sec. 3, Ch. 169, L. 1941; amd. Sec. 2, Ch. 40, L. 1967; R.C.M. 1947, 41-1303; amd. Sec. 1, Ch. 492, L. 1979; amd. Sec. 1, Ch. 583, L. 1989; amd. Sec. 1, Ch. 209, L. 1997; amd. Sec. 2, Ch. 26, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 2. Payment of Wages › 39-3-206. Penalty for failure to pay wages at times specified in law

39-3-206. Penalty for failure to pay wages at times specified in law.
(1) An employer who fails to pay an employee as provided in this part or who violates any other provision of this part is guilty of a misdemeanor. A penalty must also be assessed against and paid by the employer to the employee in an amount not to exceed 110% of the wages due and unpaid.
(2) Nothing in this section may be construed to relieve an employer from the requirement to pay an employee the full amount of wages due if the employer is found in violation of this part.
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. 1, Ch. 490, L. 1991; amd. Sec. 2, Ch. 134, L. 1993.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 2. Payment of Wages › 39-3-207. Period within which employee may recover wages and penalties

39-3-207. Period within which employee may recover wages and penalties.
(1) An employee may recover all wages and penalties provided for the violation of 39-3-206 by filing a complaint within 180 days of default or delay in the payment of wages.
(2) Except as provided in subsection (3), an employee may recover wages and penalties for a period of 2 years prior to the date on which the claim is filed if the employee is still employed by the employer or for a period of 2 years prior to the date of the employee's last date of employment.
(3) If an employer has engaged in repeated violations, an employee may recover wages and penalties for a period of 3 years from the date on which a claim is filed if the employee is still employed by the employer or for a period of 3 years prior to the date of the employee's last date of employment.
History: En. Sec. 4, Ch. 11, L. 1919; re-en. Sec. 3087, R.C.M. 1921; re-en. Sec. 3087, R.C.M. 1935; amd. Sec. 1, Ch. 234, L. 1973; R.C.M. 1947, 41-1304; amd. Sec. 3, Ch. 442, L. 1999.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 2. Payment of Wages › 39-3-208. Contracts in violation of part void

39-3-208. Contracts in violation of part void.
Any contract or agreement made between an employer and an employee the provisions of which violate, evade, or circumvent this part is unlawful and void, but the employee may sue to recover the wages earned, together with the penalty specified in 39-3-206 or separately to recover the penalty if the wages have been paid.
History: En. Sec. 5, Ch. 11, L. 1919; re-en. Sec. 3088, R.C.M. 1921; re-en. Sec. 3088, R.C.M. 1935; R.C.M. 1947, 41-1305; amd. Sec. 12, Ch. 397, L. 1979; amd. Sec. 2, Ch. 490, L. 1991; amd. Sec. 3, Ch. 134, L. 1993.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 2. Payment of Wages › 39-3-209. Commissioner of labor to investigate violations and institute actions for unpaid wages

39-3-209. Commissioner of labor to investigate violations and institute actions for unpaid wages.
The commissioner of labor shall inquire diligently for any violations of this part and institute actions for the collection of unpaid wages and for the penalties provided for in this part in cases that the commissioner of labor considers proper and enforce generally the provisions of this part.
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. 1485, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 2. Payment of Wages › 39-3-210. Investigative powers of commissioner of labor

39-3-210. Investigative powers of commissioner of labor.
(1) The commissioner of labor or the commissioner of labor's authorized representatives are empowered to enter and inspect places, question employees, and investigate facts, conditions, or matters that they may consider appropriate to determine whether any person has violated any provision of this part or any rule adopted under this part or that may aid in the enforcement of the provisions of this part.
(2) In any proceeding before the commissioner of labor, the commissioner of labor or the commissioner of labor's authorized representatives may:
(a) administer oaths and examine witnesses under oath;
(b) issue subpoenas;
(c) compel the attendance of witnesses and the production of papers, books, accounts, records, payrolls, documents, and testimony; and
(d) take depositions and affidavits.
History: En. Sec. 3, Ch. 40, L. 1967; R.C.M. 1947, 41-1314.1; amd. Sec. 13, Ch. 397, L. 1979; amd. Sec. 1486, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 2. Payment of Wages › 39-3-211. Commissioner of labor to take wage assignments

39-3-211. Commissioner of labor to take wage assignments.
Whenever the commissioner of labor determines that one or more employees have claims for unpaid wages, the commissioner of labor shall, upon the written request of the employee, take an assignment of the claim in trust for the employee and may maintain any proceeding appropriate to enforce the claim, including liquidated damages pursuant to this part. With the written consent of the assignor, the commissioner of labor may settle or adjust any claim assigned pursuant to this section.
History: En. Sec. 4, Ch. 40, L. 1967; R.C.M. 1947, 41-1314.2(part); amd. Sec. 14, Ch. 397, L. 1979; amd. Sec. 1487, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 2. Payment of Wages › 39-3-212. Court enforcement of administrative decision

39-3-212. Court enforcement of administrative decision.
(1) A department default order or a decision of the hearings officer, if judicial review is not sought, may be enforced by application by the commissioner to a district court for an order or judgment enforcing the decision. The commissioner shall apply to the district court where the employer has its principal place of business or in the first judicial district of the state. A proceeding under this section is not a review of the validity of the administrative decision.
(2) If judicial review is sought, the district court may issue an order or a judgment enforcing the decision of the department or the hearings officer in a wage claim proceeding. In a case involving failure to pay the standard prevailing rate of wages provided for in Title 18, chapter 2, part 4, the district court may issue an order or a judgment enforcing the decision of the hearings officer.
History: En. 41-1314.4 by Sec. 1, Ch. 197, L. 1974; R.C.M. 1947, 41-1314.4; amd. Sec. 4, Ch. 554, L. 1989; amd. Sec. 3, Ch. 490, L. 1991; amd. Sec. 5, Ch. 90, L. 1995; amd. Sec. 4, Ch. 442, L. 1999.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 5. Wage Protection for Certain Employees of Mineral and Oil Industry › 39-3-502. Operator to file statement -- penalty for failure to file

39-3-502. Operator to file statement -- penalty for failure to file.
(1) Every person, firm, or partnership coming within the provisions of this part shall, before commencing operations, file with the commissioner of labor and industry and also in the office of the county clerk and recorder of each county where such operations are to be carried on a verified statement showing the names and addresses of each party interested therein or, if a corporation, the names and addresses of its officers and directors, the principal place of business of such corporation, and the names and addresses of the person or persons resident of Montana designated as the person or persons upon whom service of process may be made.
(2) Every person, firm, partnership, or corporation failing to file a statement with the commissioner of labor and industry and in the offices of the county clerk and recorders, as provided in subsection (1), shall be deemed guilty of a misdemeanor and punishable as provided by law.
History: (1)En. Sec. 2, Ch. 39, L. 1939; Sec. 41-1313, R.C.M. 1947; (2)En. Sec. 3, Ch. 39, L. 1939; Sec. 41-1314, R.C.M. 1947; R.C.M. 1947, 41-1313, 41-1314.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 5. Wage Protection for Certain Employees of Mineral and Oil Industry › 39-3-503. Report of violations to county attorney by commissioner

39-3-503. Report of violations to county attorney by commissioner.
Whenever it appears from reliable information satisfactory to the commissioner of labor and industry that a person, firm, partnership, or corporation engaged in the business mentioned in 39-3-501 and not exempt from the effect of this part has failed to pay any wages or salaries due the entity's employees as required by part 2 of this chapter, the commissioner may deliver the information to the county attorney of the county in which the operations of the employer are being carried on and may request the county attorney to file a complaint in the district court of the county in accordance with the provisions of part 2 of this chapter and this part.
History: En. Sec. 4, Ch. 39, L. 1939; R.C.M. 1947, 41-1315(1); amd. Sec. 1491, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 5. Wage Protection for Certain Employees of Mineral and Oil Industry › 39-3-504. Report of violations directly to county attorney by employee

39-3-504. Report of violations directly to county attorney by employee.
Any employee may make complaint directly to the county attorney relative to any violation of this part or part 2 of this chapter.
History: En. Sec. 4, Ch. 39, L. 1939; R.C.M. 1947, 41-1315(part); amd. Sec. 17, Ch. 397, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 5. Wage Protection for Certain Employees of Mineral and Oil Industry › 39-3-505. County attorney to notify commissioner of violation reported directly by employee

39-3-505. County attorney to notify commissioner of violation reported directly by employee.
The county attorney of the county shall promptly notify the commissioner of labor and industry of any complaint made by any employee relative to the violation of any of the provisions of this part or part 2 of this chapter and shall in writing keep the commissioner advised of each step in any proceeding taken by the county attorney thereunder.
History: En. Sec. 4, Ch. 39, L. 1939; R.C.M. 1947, 41-1315(part); amd. Sec. 18, Ch. 397, L. 1979.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 5. Wage Protection for Certain Employees of Mineral and Oil Industry › 39-3-506. County attorney to file complaint in district court on belief of violation

39-3-506. County attorney to file complaint in district court on belief of violation.
If a county attorney believes after receiving information that the provisions of part 2 of this chapter or this part have been violated and that the violation was willful or that the financial condition of the employer endangers employees in receiving prompt payment or collection of wages, the county attorney shall file a complaint in district court. All proceedings upon the complaint must be promptly prosecuted.
History: En. Sec. 4, Ch. 39, L. 1939; R.C.M. 1947, 41-1315(part); amd. Sec. 19, Ch. 397, L. 1979; amd. Sec. 1492, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 5. Wage Protection for Certain Employees of Mineral and Oil Industry › 39-3-507. Prayer for relief

39-3-507. Prayer for relief.
If the complaint described in 39-3-506 is filed by the county attorney upon the county attorney's own motion or at the request of the commissioner of labor and industry, the complaint must request that relief be had against the employer for greater security for the payment of salaries and wages of the employees.
History: En. Sec. 4, Ch. 39, L. 1939; R.C.M. 1947, 41-1315(part); amd. Sec. 1493, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 5. Wage Protection for Certain Employees of Mineral and Oil Industry › 39-3-508. Summons -- service of process

39-3-508. Summons -- service of process.
(1) Upon the filing of the complaint described in 39-3-506, summons must issue and a copy of the complaint and a copy of the summons must be served upon the employer, who has 10 days after service to appear and defend the action.
(2) All orders and other process provided for in this part must be served by the sheriff upon the employer in the same manner as a summons in a civil suit is served. Service upon a partner or member of any firm is considered service upon each partner and each member of the firm. If the employer is a nonresident or a corporation without officers or directors within the county and cannot conveniently and promptly be found for service, then service upon the manager, superintendent, or supervisor in charge of the work or, if there are none of these individuals, then posting a copy of the order or other process in a conspicuous place at or near the entrance to the principal workings is considered sufficient service.
History: (1)En. Sec. 4, Ch. 39, L. 1939; Sec. 41-1315, R.C.M. 1947; (2)En. Sec. 7, Ch. 39, L. 1939; Sec. 41-1318, R.C.M. 1947; R.C.M. 1947, 41-1315(part), 41-1318; amd. Sec. 1494, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 5. Wage Protection for Certain Employees of Mineral and Oil Industry › 39-3-509. Hearing on complaint -- court order to pay wages due or appear and show cause why bond should not be required

39-3-509. Hearing on complaint -- court order to pay wages due or appear and show cause why bond should not be required.
Upon the conclusion of the hearing upon the complaint described in 39-3-506, the judge of the district court may make findings and shall issue an order to the employer in default to pay within 5 days all wages and salaries found by the court to be due and unpaid or an order to appear before the court within 10 days and show cause why a judgment and order should not issue requiring the employer to give bond for the payment of all wages and salaries then due and that accrue to the employer's employees within that county. Service of the order must be made at least 5 days before the date set for hearing or the date to which the hearing may be continued by the court upon good cause shown.
History: En. Sec. 5, Ch. 39, L. 1939; R.C.M. 1947, 41-1316; amd. Sec. 1495, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 5. Wage Protection for Certain Employees of Mineral and Oil Industry › 39-3-510. Show cause hearing -- restraining order until bond furnished

39-3-510. Show cause hearing -- restraining order until bond furnished.
Upon the hearing of such order, if the court shall determine that the default of said employer in the payment of wages and salaries was willful or that the financial condition of the employer is such as to endanger or delay or impede employees in collecting their wages and salaries or that the employer is a nonresident of the state without visible property in said county subject to execution or who has within 2 years defaulted in payroll payments, the court may adjudge and decree that the employee or employees are endangered in the collection of their just demands and the court may issue a restraining order against the employer forbidding further prosecution of operations by said employer until after the employer has furnished a good and sufficient bond, in form to be approved by the court with good and sufficient surety or sureties who can and do legally justify, and deposit said bond with the clerk of court of said county obligating the employer to pay all wages and salaries as required by part 2 of this chapter.
History: En. Sec. 6, Ch. 39, L. 1939; R.C.M. 1947, 41-1317(part).
2023 Montana Code Annotated › Title 39. Labor › Chapter 3. Wages and Wage Protection › Part 5. Wage Protection for Certain Employees of Mineral and Oil Industry › 39-3-511. Bond requirements

39-3-511. Bond requirements.
(1) The bond referred to in 39-3-510 may be that of a surety company licensed and authorized to do business within the state or of two owners of real estate located in the county and who can and do justify as sureties in the same manner as sureties justify on appeal bonds or bail bonds.
(2) The bond must be in the sum of not less than $500 for each unit of five individuals or less employed by the person, firm, partnership, or corporation.
(3) The bond must continue in force for 1 year.
(4) The bond must run in the name of the state of Montana and must be examined and approved by the judge of the district court, with approval endorsed on the bond.
History: En. Sec. 6, Ch. 39, L. 1939; R.C.M. 1947, 41-1317(part); amd. Sec. 1496, Ch. 56, L. 2009.