reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.40 - Complaints - Claims - Decisions - Appeals › Rule 24.16.4025 - MEDIATION

Current through Register Vol. 13, July 5, 2024
(1) Mediations are conducted in accordance
				with the provisions of
				26-1-813,
				MCA.
(2) The department shall
				appoint a mediator and notify the parties of the appointment.
(3) The mediator shall contact the parties to
				establish the mediation procedures and set a time for the mediation.
(4) Mediation must be completed within 45
				days from the date the notice of mediator appointment is sent unless all
				parties and the mediator agree to an extension, or the case is
				withdrawn.
(5) Following mediation,
				the mediator shall issue a report as follows:
(a) If mediation resolved the dispute, the
				report will provide the agreement terms for approval by the parties.
(b) The mediator shall provide appropriate
				settlement notice, signed by the parties, if such notice is required to dispose
				of remaining issues.
(c) If
				mediation does not fully resolve the dispute, the report will provide the
				parties the opportunity to request a contested case hearing for any unresolved
				issues in accordance with Title 2, chapter 4, part 6, MCA. Requests for hearing
				must be received by the department within ten days from the date the mediator's
				report is sent.
(d) The mediator
				may issue a noncooperation report when a party refuses to participate or
				otherwise comply with the mediation.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.51 - Payment Of Back Wages To Be Made Through The Administration › Rule 24.16.5101 - PAYMENT OF BACK WAGES (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-3-403
					 MCA; IMP,
					 39-3-201
					 et seq. MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.55 - Requirements Of A Bona Fide Profit Sharing Plan Or Trust (Repealed) › Rule 24.16.5501 - SCOPE OF REGULATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-404,
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.61 - Records To Be Kept By Employer (Repealed) › Rule 24.16.6101 - FORM OF RECORDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-404,
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.61 - Records To Be Kept By Employer (Repealed) › Rule 24.16.6102 - GENERAL REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-404,
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.65 - Seasonal, Amusement Or Recreational (Repealed) › Rule 24.16.6501 - SEASONAL AMUSEMENT OR RECREATIONAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403,
					 MCA; IMP:
					 39-3-404,
					 39-3-405,
					 39-3-406,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.67 - Student Learner (Repealed) › Rule 24.16.6701 - EMPLOYMENT OF STUDENT-LEARNERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403,
					 MCA; IMP:
					 39-3-406,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.69 - Thrift Or Savings Plan (Repealed) › Rule 24.16.6901 - REQUIREMENTS OF A "BONA FIDE THRIFT OR SAVINGS PLAN" (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-402,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7501 - PROCEDURE FOR FILING CLAIMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-3-202
					 and
					 39-3-403,
					 MCA; IMP,
					 39-3-211,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7502 - PROCESSING THE CLAIM (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-3-202
					 and
					 39-3-403,
					 MCA; IMP,
					 39-3-211,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7503 - PURPOSE (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-202,
					 39-3-403,
					 MCA IMP:
					 39-3-202,
					 39-3-403,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7506 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this subchapter, the following definitions apply,
				  unless the context of the rule clearly indicates otherwise:
(1) "Adverse decision" means a decision by
				the department that is not favorable to the party requesting review.
(2) "Claim" or "complaint" means:
(a) a complaint alleging non-compliance with
				a statute or administrative rule under the jurisdiction of the
				department;
(b) a request for an
				audit of an employer's payroll records; or
(c) a field investigation by the department
				of an employer's payroll.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7511 - ACCRUAL OF CLAIMS UPON SEPARATION FROM EMPLOYMENT

Current through Register Vol. 13, July 5, 2024
(1) Claims accrue in the manner specified by
				39-3-205,
				MCA.
(2) For the purpose of
				construing
				39-3-205,
				MCA, any reason that an employer gives when firing an employee constitutes
				firing the employee "for cause."
(3) For the purpose of construing
				39-3-205,
				MCA, payment of wages is considered to be "immediate" if the wages are paid to
				the employee by the earlier of the close of business or four hours from the
				time the employee is notified that the employee has been discharged. Payment of
				wages is also considered to be "immediate" if the employer mails to the
				employee a check or money order for the wages, and the envelope containing the
				payment is postmarked the same day as the discharge. If payment is made by
				mail, however, and there is a dispute over when the payment was made, the
				employer bears the burden of proof to show that payment was timely mailed. Such
				proof may include, but is not limited to, a receipt issued by the United States
				postal service showing that the envelope addressed to the employee was mailed
				on that date.
39-3-202,
					 MCA; IMP,
					 39-3-205,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7514 - COMPUTATION OF TIME PERIODS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-202,
					 39-3-403,
					 MCA IMP:
					 39-3-202,
					 39-3-403,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7517 - ELECTRONIC FILINGS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-202,
					 39-3-403,
					 MCA IMP:
					 39-3-202,
					 39-3-211,
					 39-3-403,
					 39-3-407,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7519 - WAGE COMPLAINTS AND INVESTIGATIONS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-202,
					 39-3-403,
					 MCA IMP:
					 39-3-209,
					 39-3-210,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7520 - PROCEDURE FOR ISSUING WAGE CLAIM DETERMINATIONS REGARDING EMPLOYMENT STATUS OF INDEPENDENT CONTRACTOR

Current through Register Vol. 13, July 5, 2024
(1) Only disputes
				regarding the employment status of an individual for wage claim purposes,
				including whether that individual is acting as an independent contractor, shall
				be forwarded by the department to the Independent Contractor Central Unit
				(ICCU) for a decision pursuant to ARM Title 24, chapter 35, subchapters 2 and
				3.
(2) To be considered an
				independent contractor for wage claim purposes, the individual must hold and be
				working under an independent contractor exemption certificate pursuant to
				39-71-417,
				MCA, where such is required. When an individual is not required to hold an
				independent contractor exemption certificate, the test for determining whether
				an individual is acting as an independent contractor for wage claim purposes is
				that found at ARM
				24.35.202.
(3) An individual required to hold and work
				under an independent contractor exemption certificate pursuant to
				39-71-417,
				MCA, who does not is an employee for wage claim purposes.
(4) An independent contractor is not an
				employee, as defined by
				39-3-201
				and
				39-3-402,
				MCA, and, therefore, is not subject to wage and hour provisions.
AUTH:
					 39-3-202,
					 39-3-403,
					 39-71-417,
					 MCA; IMP:
					 39-3-201,
					 39-3-402,
					 39-71-417,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7521 - FILING A CLAIM (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-202,
					 39-3-403,
					 MCA IMP:
					 39-3-211,
					 39-3-407,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7524 - EMPLOYEE'S FAILURE TO PROVIDE INFORMATION (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-202,
					 39-3-403,
					 MCA IMP:
					 39-3-210,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7527 - EMPLOYER RESPONSE TO CLAIM (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-202,
					 39-3-403,
					 MCA IMP:
					 39-3-209,
					 39-3-210,
					 39-3-407,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7531 - DETERMINATION (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-202,
					 39-3-403,
					 MCA IMP:
					 39-3-209,
					 39-3-210,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7534 - REQUEST FOR REDETERMINATION (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-202,
					 39-3-403,
					 MCA IMP:
					 39-3-209,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7535 - PAYMENT OF WAGES AND PENALTIES

Current through Register Vol. 13, July 5, 2024
(1) Upon a
				determination that wages and/or penalties are due, the department will advise
				the employer regarding the method of payment and require the payment:
(a) in either the department's or the
				claimant's name; and
(b) by money
				order, certified check, or other negotiable instrument.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7536 - MEDIATION PROCEDURES (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-202,
					 MCA IMP:
					 2-4-603,
					 39-3-216,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7537 - REQUEST FOR FORMAL HEARING (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-202,
					 39-3-403,
					 MCA IMP:
					 39-3-216,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7541 - DEFAULT ORDERS AND DISMISSALS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-202,
					 39-3-403,
					 MCA IMP:
					 39-3-216,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7544 - REQUEST FOR RELIEF IF MAIL IS NOT RECEIVED (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-202,
					 39-3-403,
					 MCA IMP:
					 39-3-216,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7547 - APPEAL OF FORMAL HEARING (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-202,
					 39-3-403,
					 MCA; IMP:
					 39-3-216,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7551 - PENALTY WHEN PAYMENTS ARE MADE PRIOR TO DETERMINATIONS AND SUBSEQUENT TO DETERMINATIONS

Current through Register Vol. 13, July 5, 2024
(1) In cases
				where the wages claimed are paid by the employer either before or after receipt
				of the initial letter commencing the claim and prior to the issuance of a
				determination, no penalty will be imposed unless any of the special
				circumstances described in ARM
				24.16.7556 apply.
(2) In cases where payment made either before
				or after receipt of the first letter does not resolve the claim and a
				determination is made finding that additional wages are due, a penalty will be
				calculated only on the balance determined still due to the employee, unless any
				of the special circumstances described in ARM
				24.16.7556 apply.
(3) Money paid pursuant to a determination or
				redetermination will not be disbursed prior to the running of appeal periods
				unless the department is notified in writing that payment resolves the
				claim.
(4) Money paid pursuant to a
				determination but paid under protest or in other than free and clear manner
				will be deposited in the department trust account pending disposition. Payments
				made in this manner may be subject to the full penalty allowed in
				39-3-206, MCA.
AUTH:
					 39-3-202,
					 39-3-403, MCA; IMP:
					 39-3-206,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7556 - SPECIAL CIRCUMSTANCES JUSTIFYING MAXIMUM PENALTY

Current through Register Vol. 13, July 5, 2024
(1) The following conduct by the employer
				constitutes special circumstances that justify the imposition of the maximum
				penalty allowed by law:
(a) the employer
				fails to provide information requested by the department and/or does not
				cooperate in the department's investigation of the wage claim;
(b) there is substantial credible evidence
				that the employer's payroll records are falsified or intentionally
				misleading;
(c) the employer has
				previously violated similar wage and hour statutes within three years prior to
				the date of filing of the wage claim; or
(d) the employer has issued an insufficient
				funds paycheck.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7561 - PENALTY FOR MINIMUM WAGE AND OVERTIME CLAIMS

Current through Register Vol. 13, July 5, 2024
(1) For determinations involving minimum wage
				and overtime that are filed on or after October 1, 1993, penalties are
				calculated as follows:
(a) a penalty equal to
				110% of the wages determined to be due to the employee will be imposed in all
				determinations issued by the department; but
(b) if none of the special circumstances of
				ARM 24.16.7556 apply the department
				will reduce the penalty to 55% of the wages determined to be due provided the
				employer pays the wages found due in the time period specified in the
				determination as well as a penalty equal to 55% of that amount.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7566 - PENALTY FOR CLAIMS INVOLVING OTHER KINDS OF COMPENSATION

Current through Register Vol. 13, July 5, 2024
(1) For determinations involving claims filed
				on or after October 1, 1993, if none of the special circumstances of ARM
				24.16.7556 apply, penalties are
				calculated as follows:
(a) a penalty equal to
				55% of the wages determined to be due to the employee will be imposed in all
				determinations issued by the department; but
(b) the department will reduce the penalty to
				15% of the wages determined to be due if the employer pays the wages found due
				in the time period specified in the determination as well as a penalty equal to
				15% of that amount.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.75 - Wage Claims › Rule 24.16.7569 - PENALTY FOR MIXED CLAIMS

Current through Register Vol. 13, July 5, 2024
(1) Penalties
				for claims involving more than one type of wage claim are calculated by
				applying the appropriate administrative penalty rule to each component of the
				claim that is determined to be valid.
39-3-202
					 MCA; IMP,
					 39-3-206
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.90 - Minimum Wages On Public Contracts › Rule 24.16.9001 - PURPOSE AND SCOPE

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.17.101
18-2-409,
					 18-2-431 and
					 39-3-202,
					 MCA; IMP,
					 18-2-401,
					 18-2-402,
					 18-2-411
					 and
					 39-3-201
					 through
					 39-3-216,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.90 - Minimum Wages On Public Contracts › Rule 24.16.9002 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.17.103
18-2-409,
					 18-2-431 and
					 39-3-202,
					 MCA; IMP,
					 18-2-402,
					 18-2-403,
					 18-2-422
					 and
					 39-3-201
					 through
					 39-3-216,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.90 - Minimum Wages On Public Contracts › Rule 24.16.9003 - ESTABLISHING THE STANDARD PREVAILING RATE OF WAGES AND FRINGE BENEFITS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.17.121
18-2-431 and
					 39-3-202,
					 MCA; IMP,
					 18-2-401,
					 18-2-402,
					 18-2-403,
					 and
					 18-2-411,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.90 - Minimum Wages On Public Contracts › Rule 24.16.9004 - DEPARTMENT ASSISTANCE AND NEW JOB CLASSIFICATION RATES

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.17.124
18-2-431 and
					 39-3-202,
					 MCA; IMP,
					 18-2-402
					 and
					 18-2-422,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.90 - Minimum Wages On Public Contracts › Rule 24.16.9005 - OBLIGATIONS OF PUBLIC CONTRACTING AGENCIES

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.17.144
18-2-409
					 and
					 18-2-431,
					 MCA; IMP,
					 18-2-403,
					 18-2-421 and
					 18-2-422,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.90 - Minimum Wages On Public Contracts › Rule 24.16.9006 - OBLIGATIONS OF EMPLOYERS, CONTRACTORS AND SUBCONTRACTORS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.17.147
18-2-409
					 and
					 18-2-431,
					 MCA; IMP,
					 18-2-403,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.90 - Minimum Wages On Public Contracts › Rule 24.16.9007 - ADOPTION OF STANDARD PREVAILING RATE OF WAGES

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  24.17.127
2-4-307,
					 18-2-409,
					 18-2-431 and
					 39-3-202,
					 MCA; IMP,
					 18-2-401,
					 18-2-402,
					 18-2-403,
					 18-2-406,
					 18-2-411,
					 18-2-412,
					 18-2-422
					 and
					 18-2-431,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.90 - Minimum Wages On Public Contracts › Rule 24.16.9008 - SERVICES-DEFINITION-EXCLUSIONS-EXAMPLES (REPEALED)

Current through Register Vol. 13, July 5, 2024
18-2-409
					 and
					 18-2-431,
					 MCA; IMP,
					 18-2-401,
					 18-2-402,
					 18-2-403,
					 18-2-411,
					 and
					 18-2-422,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.90 - Minimum Wages On Public Contracts › Rule 24.16.9009 - $25,000 LIMIT-ENFORCEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
18-2-409
					 and
					 18-2-431,
					 MCA; IMP,
					 18-2-401,
					 18-2-403,
					 18-2-409,
					 and
					 18-2-422,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.90 - Minimum Wages On Public Contracts › Rule 24.16.9010 - PROCEDURES FOR ENFORCING THE ACT (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201
					 and
					 18-2-431,
					 MCA; IMP,
					 18-2-407,
					 18-2-409,
					 39-3-211
					 and
					 39-3-216,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.1 - General Provisions › Rule 24.17.101 - PURPOSE AND SCOPE (Repealed)

Current through Register Vol. 13, July 5, 2024
18-2-409,
					 18-2-431,
					 39-3-202,
					 MCA; IMP,
					 18-2-401,
					 18-2-402,
					 18-2-411,
					 39-3-201
					 through
					 39-3-216,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.1 - General Provisions › Rule 24.17.103 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this subchapter, the following definitions apply,
				  unless the context of the rule clearly indicates otherwise:
(1) "Act" means
				18-2-401
				through
				18-2-432,
				MCA.
(2) "Adverse decision" means a
				decision by the department that is not favorable to the party requesting
				review.
(3) "Apprentice" means a
				worker employed to learn a skilled trade under a written apprenticeship
				agreement registered with the department or the U.S. Bureau of Apprenticeship
				and Training.
(4) "Bona fide
				resident of Montana" is defined at
				18-2-401,
				MCA.
(5) "Commissioner" has the
				same meaning as provided by
				2-15-1701,
				MCA.
(6) "Certified payroll
				records" mean payroll records of an employer which show the rates and hours
				paid and any deductions therefrom, made by the employer on a public works
				contract job and which have been verified by or on behalf of the employer as
				being complete and accurate.
(7)
				"Claim or "complaint" means:
(a) a complaint
				alleging non-payment of the standard prevailing wage on a public works contract
				job;
(b) a request for an audit of
				an employer's payroll on a public works contract job; or
(c) a field investigation by the department
				of an employer's payroll on a public works contract job.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.1 - General Provisions › Rule 24.17.107 - PREVAILING WAGE DISTRICTS ESTABLISHED

Current through Register Vol. 13, July 5, 2024
(1)
				Pursuant to
				18-2-411,
				MCA, the commissioner has established four districts for the purpose of setting
				the standard prevailing rate of wages for building construction services ARM
				24.17.119 and nonconstruction
				services ARM
				24.17.122. Heavy construction
				services rates ARM
				24.17.120 and highway construction
				services rates (ARM
				24.17.121 ) are set on a statewide
				basis pursuant to
				18-2-414,
				MCA.
(2) The districts are composed
				of the following counties:
(a) District 1:
				Flathead, Lake, Lincoln, Mineral, Missoula, Ravalli, and Sanders;
(b) District 2: Beaverhead, Broadwater, Deer
				Lodge, Glacier, Granite, Jefferson, Lewis and Clark, Liberty, Madison, Pondera,
				Powell, Silver Bow, Teton, and Toole;
(c) District 3: Blaine, Cascade, Chouteau,
				Fergus, Gallatin, Golden Valley, Hill, Judith Basin, Meagher, Park, Petroleum,
				Phillips, Sweet Grass, and Wheatland;
(d) District 4: Big Horn, Carbon, Carter,
				Custer, Daniels, Dawson, Fallon, Garfield, McCone, Musselshell, Powder River,
				Prairie, Richland, Roosevelt, Rosebud, Sheridan, Stillwater, Treasure, Valley,
				Wibaux, and Yellowstone.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.1 - General Provisions › Rule 24.17.120 - ESTABLISHING THE STANDARD PREVAILING RATE OF WAGES AND FRINGE BENEFITS - HEAVY CONSTRUCTION SERVICES

Current through Register Vol. 13, July 5, 2024
(1) The
				commissioner shall establish the standard prevailing rate of wages and fringe
				benefits for the various occupations engaged in heavy construction services
				statewide. Although the commissioner establishes wage rates and fringe benefit
				rates, including travel, zone pay, and per-diem allowance rates separately, an
				employer's obligation to pay the "prevailing rate of wages" includes paying the
				combined value of both wages and fringe benefits, including travel, zone pay,
				and per-diem.
(2) The commissioner
				uses various data sources to determine the standard prevailing rate of wages.
(a) The standard prevailing rate of wages may
				be based upon an annual statewide survey of licensed electrical contractors,
				licensed plumbers, and registered construction contractors engaged in work
				performed to commercial building codes, as provided for by
				18-2-414, MCA, who are licensed or
				registered on February 1 of the year in which the survey is being
				conducted.
(b) The standard
				prevailing rate of wages may instead be based upon applicable federal
				Davis-Bacon Act rates for heavy construction services in effect on a statewide
				basis for Montana as of September 1 of that year.
(c) If, with respect to any given occupation,
				there is a difference in the standard prevailing rate of wages (including the
				value of fringe benefits) surveyed for under this section, and the applicable
				federal Davis-Bacon Act rates in effect statewide for heavy construction
				services in Montana as of September 1 of that year, the commissioner shall
				adopt the higher of the two as the standard prevailing rate of
				wages.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.1 - General Provisions › Rule 24.17.121 - ESTABLISHING THE STANDARD PREVAILING RATE OF WAGES AND FRINGE BENEFITS - HIGHWAY CONSTRUCTION SERVICES

Current through Register Vol. 13, July 5, 2024
(1) The
				commissioner shall establish the standard prevailing rate of wages and fringe
				benefits for the various occupations engaged in highway construction services
				statewide. Although the commissioner establishes wage rates and fringe benefit
				rates, including travel, zone pay, and per-diem allowance rates separately, an
				employer's obligation to pay the "prevailing rate of wages" includes paying the
				combined value of both wages and fringe benefits, including travel, zone pay,
				and per-diem.
(2) The commissioner
				uses various data sources to determine the standard prevailing rate of wages.
(a) The standard prevailing rate of wages may
				be based upon an annual statewide survey of licensed electrical contractors,
				licensed plumbers, and registered construction contractors engaged in work
				performed to commercial building codes, as provided for by
				18-2-414, MCA, who are licensed or
				registered on February 1 of the year in which the survey is being
				conducted.
(b) The standard
				prevailing rate of wages may instead be based upon applicable federal
				Davis-Bacon Act rates for highway construction services in effect for Montana
				on September 1 of that year.
(c)
				If, with respect to any given occupation, there is a difference in the standard
				prevailing rate of wages (including the value of fringe benefits) surveyed for
				under this section, and the applicable federal Davis-Bacon Act rates in effect
				statewide for highway construction services in Montana as of September 1 of
				that year, the commissioner shall adopt the higher of the two as the standard
				prevailing rate of wages.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.1 - General Provisions › Rule 24.17.122 - ESTABLISHING THE STANDARD PREVAILING RATE OF WAGES AND FRINGE BENEFITS - NONCONSTRUCTION SERVICES

Current through Register Vol. 13, July 5, 2024
(1) The
				commissioner shall establish the standard prevailing rate of wages and fringe
				benefits for the various occupations engaged in nonconstruction services in
				each district. Although the commissioner establishes wage rates and fringe
				benefit rates separately, an employer's obligation to pay the "prevailing rate
				of wages" includes paying the combined value of both wages and fringe benefits,
				including travel, and per-diem.
(2)
				The standard prevailing rate of wages is based upon an annual survey in each of
				the districts established in ARM
				24.17.107 of employers pursuant to
				18-2-415, MCA, as known to the
				department as of February 1 of the year in which the survey is being
				conducted.
(3) Based on survey data
				collected by the department for each district, the commissioner will compile
				wage rate information for a given occupation that reflects wage rates actually
				paid to workers engaged in public works or commercial projects. Where a wage
				rate is adopted from a collective bargaining agreement, applicable zone pay or
				travel pay, if any, must be adopted from that same agreement. If the wage rate
				is adopted from collective bargaining agreements which have equal wage rates
				and different zone pay or travel pay, the zone pay or travel pay must be
				adopted from the agreement covering more employees. Wage rates calculated
				through the survey for each occupation will be established using the following
				procedure:
(a) If a minimum of 10 or more
				workers is reported for the occupation within the district and 50 percent or
				more of those workers receive the same wage, that rate is the prevailing wage
				rate for that occupation in that district.
(b) If 10 or more workers are reported for the occupation within
				the district but 50 percent of those workers are not paid the same wage, the
				weighted average wage rate is the prevailing wage rate for that occupation in
				that district.
(c) If less than 10
				workers are reported for the occupation within the district, the prevailing
				wage rate is the highest applicable collectively bargained rate for that
				occupation in that district.
(d) If
				less than 10 workers are reported for the occupation within the district and a
				collective bargaining agreement does not exist for the occupation in that
				district, a weighted average wage rate for the district will be computed using
				data submitted from that district and its contiguous districts.
(e) If contiguous district data do not sum to
				a minimum of 10 workers, a statewide weighted average wage rate will be
				calculated for that occupation.
(f)
				If a minimum of 10 workers is not reported for the occupation statewide, no
				wage rate will be established for that occupation.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.1 - General Provisions › Rule 24.17.124 - DEPARTMENT ASSISTANCE AND NEW JOB CLASSIFICATION RATES

Current through Register Vol. 13, July 5, 2024
(1) Assistance in determining the nature of
				public works projects and whether heavy, highway or building construction
				prevailing wage rates apply, can be obtained through the office of the
				commissioner of labor and industry. Any determination or assistance provided by
				the commissioner's office is based solely on the facts as presented to the
				commissioner in the specific request for assistance.
(2) If the commissioner receives a written
				request for a rate that does not exist for a particular craft, trade, or
				occupation, the commissioner may set an interim advisory rate that may be used
				by the public contracting agency or public contractor until the rate is
				published in accordance with ARM
				24.17.127. Such rates will not be
				established more frequently than once every three months.
(3) At least 30 days prior to advertising for
				bids or letting a contract for a public works project, a public contracting
				agency may request that a new job classification and commensurate rate of wages
				and fringe benefits be established for a particular craft, classification or
				type of worker needed for a project. The commissioner will establish a standard
				prevailing rate of wages for any craft, classification or type of worker for
				which no rate has been previously determined.
(4) A request for a new project job
				classification and commensurate rate of wages and benefits does not relieve a
				contractor from the obligation to classify and pay workers in accordance with
				annually established standard prevailing wage rates pending the establishment
				of a new job classification and wage rates.
(5) A request for a new job classification
				and rate of wages shall include:
(a)
				identification of the project by name, number or description and
				location;
(b) the name and address
				of the public contracting agency and the successful public contractor if a
				contract for work on the project has been awarded;
(c) the name, address and signature of the
				requesting party, and the name, address and signature of a requesting party's
				representative;
(d) each proposed
				job classification and rate of wages requested;
(e) a brief description of the project and
				the character of the work to be performed;
(f) a detailed description of the job
				requirements, work to be performed and skills involved in each proposed job
				classification;
(g) an explanation
				as to why none of the classifications established for the standard prevailing
				rate of wages is applicable;
(h)
				any written items of information or documents the requesting party desires to
				be considered;
(i) the names and
				addresses of all parties entitled to notice and a signed and dated certificate
				showing that a copy of the request was mailed to each.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.1 - General Provisions › Rule 24.17.127 - ADOPTION OF STANDARD PREVAILING RATE OF WAGES

Current through Register Vol. 13, July 5, 2024
(1) The commissioner's determination of
				minimum wage rates, including fringe benefits for health and welfare, pension
				contributions and travel allowance, by craft, classification or type of worker,
				and by character of project, are adopted in accordance with the Montana
				Administrative Procedure Act and rules implementing such act.
(a) A notice of proposed adoption of the
				commissioner's determination is published in the Montana Administrative
				Register approximately 45 to 60 days prior to adoption according to regular
				publication dates scheduled in ARM
				1.2.419.
(b) Adopted wage rates are effective until
				superseded and replaced by a subsequent adoption.
(c) The wage rates applicable to a particular
				public works project are those in effect at the time the bid specifications are
				advertised.
(d) The wage rates
				proposed and the wage rates adopted are incorporated by reference in respective
				notices published in the Montana Administrative Register.
(e) The current building construction
				services rates are contained in the 2024 amended version of the "Montana
				Prevailing Wage Rates for Building Construction Services"
				publication.
(f) The current
				nonconstruction services rates are contained in the 2024 version of the
				"Montana Prevailing Wage Rates for Nonconstruction Services"
				publication.
(g) The current heavy
				construction services rates are contained in the 2024 amended version of the
				"Montana Prevailing Wage Rates for Heavy Construction Services"
				publication.
(h) The current
				highway construction services rates are contained in the 2024 version of the
				"Montana Prevailing Wage Rates for Highway Construction Services"
				publication.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.1 - General Provisions › Rule 24.17.144 - OBLIGATIONS OF PUBLIC CONTRACTING AGENCIES

Current through Register Vol. 13, July 5, 2024
(1) A public contracting agency must include
				in the bid specifications and contracts for any public works the following:
(a) an unequivocal agreement by the
				contractor or employer to give preference to employment of bona fide Montana
				residents in compliance with
				18-2-403(1),
				MCA;
(b) a statement that any
				construction project, excluding projects involving the expenditure of federal
				aid funds or where residency preference laws are specifically prohibited by
				federal law, the bid specifications and the contract shall provide that at
				least 50% of the workers of each contractor working on the project will be bona
				fide Montana residents in compliance with
				18-2-403(1)
				and
				18-2-409,
				MCA. In the case of a particular contractor such percentage of Montana
				residents shall be modified to comply with any written directive by the
				commissioner specifying a different percentage;
(c) an unequivocal agreement by the
				contractor or employer that a worker performing labor on the project will be
				paid the applicable standard prevailing rate of wages as determined by the
				commissioner;
(d) a listing of
				standard prevailing wage rates including fringe benefits determined by the
				commissioner applicable to the public works contract; and
(e) the contract provisions must clearly show
				that the contractor or employer is bound to pay wages at rates determined by
				the commissioner, and to give required preferences.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.1 - General Provisions › Rule 24.17.147 - OBLIGATIONS OF EMPLOYERS AND CONTRACTORS

Current through Register Vol. 13, July 5, 2024
(1) All contractors and employers shall give
				preference in hiring to bona fide Montana residents in the performance of
				public works contracts.
(a) In the
				performance of a public works contract for a construction project, each
				contractor so engaged shall ensure that at least 50% of all workers performing
				labor under the contract for public works are bona fide Montana
				residents.
(b) For cause as
				provided in
				18-2-409,
				MCA, a contractor may in writing request that the commissioner modify
				percentage residency requirements on a particular project. In requesting the
				variance, the contractor must document in writing any and all measures taken in
				assessing the availability of bona fide Montana employees including, but not
				limited to, newspaper advertising or contacting local job service offices,
				local union halls, or temporary or personnel agencies. The commissioner may
				modify or waive residency requirements under the provision of the statute and
				shall by written directive notify the contracting agency of any such
				modification or waiver.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.1 - General Provisions › Rule 24.17.161 - DIVIDING PROJECTS PROHIBITED

Current through Register Vol. 13, July 5, 2024
(1) Public
				contracting agencies shall not divide a public works project into more than one
				contract for the purpose of avoiding compliance.
(2) When making a determination of whether
				the public agency divided a contract to avoid compliance, the commissioner
				shall consider the facts and circumstances in any given situation including,
				but not limited to, the following matters:
(a) the physical separation of project
				structures;
(b) whether a single
				public works project includes several types of improvements or
				structures;
(c) the anticipated
				outcome of the particular improvements or structures the agency plans to
				fund;
(d) whether the structures or
				improvements are similar to one another and combine to form a single, logical
				entity having one overall purpose or function;
(e) whether the work on the project is
				performed in one time period or in several phases as components of a larger
				entity;
(f) whether a contractor,
				subcontractor or employer and their employees are the same or substantially the
				same throughout the particular project;
(g) the manner in which the public
				contracting agency and the contractors, subcontractors or employers administer
				and implement the project; and
(h)
				other relevant matters as may arise in any particular case.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.1 - General Provisions › Rule 24.17.171 - APPRENTICES

Current through Register Vol. 13, July 5, 2024
(1) Apprentices are those persons employed
				and individually registered in bona fide apprenticeship programs registered
				with or recognized by the department's Bureau of Apprenticeship and Training or
				the U.S. Bureau of Apprenticeship and Training.
(2) An employer is limited in the number of
				apprentices permitted on the job site for any class or type of employee based
				on the allowable ratio of apprentices to journeymen specified in the approved
				program. This requirement applies to the work site unless otherwise
				stated.
(3) An apprentice must
				register 30 days prior to the date the apprentice starts work on the project.
				An apprenticeship ratio is determined on a daily basis for each work week,
				based on the number of journeymen employed on site. Any employee who is not
				registered or otherwise employed as stated in this rule, shall be paid not less
				than the applicable wage rate on the wage determination for the class or type
				or work actually performed. If an employer exceeds or has exceeded the
				allowable ratio of apprentices to journey-level workers, the apprentice(s) who
				has the earliest starting date on the public works project is the apprentice
				who may be paid the percentage of pay specified in the apprenticeship
				agreement. If the records kept by the employer do not identify which apprentice
				started on which date, in the event the ratio is exceeded on any given day, all
				of the employer's apprentices working on the public works project must be paid
				the prevailing wage for that work week. In the event the Montana apprenticeship
				and training registration agency or the U.S. Bureau of Apprenticeship and
				Training withdraws approval of an apprenticeship program, or deems the program
				to be out of compliance, the contractor, subcontractor or employer shall no
				longer be permitted to utilize apprentices at less than the applicable
				predetermined rate for the class or type of work performed until determined in
				compliance or an acceptable program is approved.
18-2-431 and
					 39-6-101,
					 MCA; IMP,
					 18-2-412,
					 39-6-106,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.3 - Records And Payments › Rule 24.17.301 - REQUIRED RECORDS

Current through Register Vol. 13, July 5, 2024
(1) All
				contractors, subcontractors or employers performing work on public works
				contracts shall make and maintain for a period of three years from the
				completion of work upon such public works projects, records necessary to
				determine whether the prevailing rate of wage and overtime has been or is being
				paid to employees upon public works projects.
(2) In addition to the certification required
				by ARM 24.17.307, records necessary to
				determine whether the prevailing wage rate and overtime wages have been or are
				being paid must include, but are not limited to, records of:
(a) the name, address, and social security
				number of each employee;
(b) the
				work classification or craft of each employee;
(c) the rate or rates of monetary wages and
				fringe benefits paid to each employee, including:
(i) the amount of payment (if any) for travel
				expenses;
(ii) the amount of
				payment (if any) for per diem expenses;
(iii) the amount of payment (if any) for
				other reimbursed expenses; and
(iv)
				the fair market value of any other benefits provided to the employee by the
				employer, such as allowing personal use of a company vehicle by the employee
				and the value of meals and lodging directly furnished by the
				employer;
(d) the rate
				or rates of fringe benefits payments made in lieu of those required to be
				provided to each employee;
(e)
				total daily and weekly compensation paid to each employee;
(f) the daily and weekly hours worked by each
				employee, specified by actual calendar date; and if the employee worked in more
				than one craft or classification for which different rates were payable, the
				records shall show the number of hours in each day worked at the different
				crafts or classifications;
(g)
				apprenticeship and training agreements and standards;
(h) any deduction, rebates or refunds taken
				from each employee's total compensation and actual wages paid; and
(i) any payroll and other records pertaining
				to the employment of employees on a public works project.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.3 - Records And Payments › Rule 24.17.304 - RECORDS AVAILABILITY

Current through Register Vol. 13, July 5, 2024
(1) Every
				employer (including a contractor or subcontractor) performing work on a public
				works project shall make available to the department records necessary to
				determine if the prevailing wage rate has been or is being paid to employees on
				the public works project. Such records shall be made available for inspection
				and transcription within 72 hours of an on-site inspection, within five days of
				a mail-in request or at such later time as may be specified by the
				department.
18-2-431,
					 MCA; IMP,
					 18-2-422
					 and
					 18-2-423,
					 MCA;