reglab/statecodes huggingface dataset:
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 24.17.307 - PAYROLL CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) When a
				prevailing wage complaint has been filed with the department or when the
				department has otherwise received evidence indicating that a violation has
				occurred, or when the department undertakes an audit, the department shall send
				a letter requesting copies of the contractor, subcontractor or employer's
				payroll records. The records requested will include those enumerated in ARM
				24.17.301, and shall be forwarded
				to the department within five days. Included with the records must be a
				statement with respect to the wages paid each employee. This statement shall be
				executed by the contractor, subcontractor, employer or by an authorized officer
				or employee of the contractor, subcontractor or employer who supervises the
				payment of wages, and shall certify the payroll records, or copies thereof, are
				true and accurate and reflect all payments and deductions made for employees
				employed on the public works project for each week.
18-2-431,
					 MCA; IMP,
					 18-2-422
					 and
					 18-2-423,
					 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 24.17.311 - FULL PAYMENT REQUIRED

Current through Register Vol. 13, July 5, 2024
(1) Each
				contractor, subcontractor or employer shall pay each employee not less than the
				prevailing wage rate required unconditionally, without subsequent rebate, and
				except as provided in (2), without deductions for:
(a) meals;
(b) lodging;
(c) transportation; or
(d) use of small tools.
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 24.17.316 - WAGE AVERAGING PROHIBITED

Current through Register Vol. 13, July 5, 2024
(1) A contractor,
				subcontractor or employer may not reduce an employee's regular rate of pay for
				work on projects not subject to the prevailing wage rate laws when the
				reduction in pay has the effect of the employee not receiving the prevailing
				rate of wage for work performed on the public works project.
(2) As used in this rule, "regular rate" has
				the same meaning as that defined in ARM
				24.16.2512.
(3) When making a determination of whether a
				contractor, subcontractor or employer has reduced an employee's regular rate in
				violation of (1) of this rule, the department shall consider:
(a) the timing of the wage rate
				reduction;
(b) whether the wage
				rate reduction was made pursuant to an established plan;
(c) whether the wage rate reduction is
				applied equally to all employees in similar job classifications;
(d) whether the wage rate reductions are
				applied to employees employed on public works projects, but not to employees
				employed only on projects not subject to the prevailing wage rate laws;
				and
(e) other considerations as the
				facts and circumstances of a particular matter may reveal.
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 24.17.321 - PAYMENT OF FRINGE BENEFITS

Current through Register Vol. 13, July 5, 2024
(1) All
				contractors, subcontractors and employers that are required to pay employees
				the prevailing rate of wages must pay no less than the hourly rate of pay and
				fringe benefits as determined by the commissioner.
(2) Apprentices must be paid the percentage
				of the basic hourly rate required, based on the total time in the craft. If the
				apprentice performs labor which is subject to a higher wage rate either by
				contract or by law than that specified in the apprenticeship standards, the
				higher wage rate shall be paid by the contractor, subcontractor, or employer.
				In any event, the apprentice is to receive the full amount of the fringe
				benefits stipulated on the wage decision.
(3) The provisions of this rule are met when
				the amount of the fringe benefit or benefits is paid to the employee, in cash,
				or irrevocable contributions are made to a trustee or a third party
				administering a fringe benefit or benefits program.
(4) When a contractor, subcontractor or
				employer pays an hourly rate of pay which exceeds that determined by the
				commissioner, the amount by which the rate is exceeded may be credited toward
				payment of the amount of fringe benefits determined by the commissioner for the
				trade or occupation.
(5) When a
				contractor, subcontractor or employer pays a rate for any one fringe benefit
				which exceeds that which is determined for the fringe benefit, the amount by
				which the rate is exceeded may be credited toward payment of the amount to be
				paid for all fringe benefits as determined by the commissioner for the trade or
				occupation.
(6) When a contractor,
				subcontractor or employer pays an amount for fringe benefits which exceeds the
				amount of fringe benefits established by the commissioner, the excess amount
				may be credited towards the hourly rate of pay. In order for the credit to
				apply, the contractor, subcontractor or employer must have the amount paid for
				fringe benefits separately identified as required by ARM
				24.17.301(2).
(7) Contributions to fringe benefit plans
				must be made not less than quarterly.
18-2-431,
					 MCA; IMP,
					 18-2-412,
					 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 24.17.326 - OVERTIME WAGES COMPUTATIONS

Current through Register Vol. 13, July 5, 2024
(1) Where an
				employee performs work in one or more classifications which provide for one or
				more hourly rates of pay, the employee must be paid, in addition to the
				straight time hourly earnings for all hours worked, a sum determined by
				multiplying one half the weighted average of the hourly rates by the number of
				hours worked in excess of 40 per week.
(2) Fringe benefits must be paid for all
				hours worked, including the overtime hours. When determining the hourly wage
				rate for overtime purposes, the amount paid for fringe benefits shall be
				excluded from the computations when determining the overtime rate. For example,
				an employee who earns $15 per hour plus $3 per hour in fringe benefits and
				works 42 hours in a week is entitled to $600 ($15/hr x 40 hours) + $45
				($22.50/hr x 2 hours) + $126 ($3/hr x 42 hours) = $771 for that week.
18-2-431 and
					 39-3-403,
					 MCA; IMP,
					 18-2-412
					 and
					 39-3-405,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.5 - Construction Services › Rule 24.17.501 - PUBLIC WORKS CONTRACTS FOR CONSTRUCTION SERVICES SUBJECT TO PREVAILING RATES

Current through Register Vol. 13, July 5, 2024
(1) Public works
				contracts for construction services where the total contract price is more than
				$25,000 are subject to standard prevailing wage requirements, and include
				building construction, heavy construction, and highway construction.
(2) Building construction projects generally
				are the constructions of sheltered enclosures with walk-in access for housing
				persons, machinery, equipment, or supplies. It includes all construction of
				such structures, incidental installation of utilities and equipment, both above
				and below grade level, as well as incidental grading, utilities and paving.
(a) Work performed in new or reopened pits
				that produce aggregate, asphalt, concrete or backfill when the pit does not
				normally sell to the general public that is incidental to the project is
				considered part of the construction phase.
(b) Examples of building construction
				include, but are not limited to, alterations and additions to buildings,
				apartment buildings (five stories and above), arenas (closed), auditoriums,
				automobile parking garages, banks and financial buildings, barracks, churches,
				city halls, civic centers, commercial buildings, court houses, detention
				facilities, dormitories, farm buildings, fire stations, hospitals, hotels,
				industrial structures (buildings only), institutional buildings, libraries,
				mausoleums, motels, museums, nursing and convalescent facilities, office
				buildings, out-patient clinics, passenger and freight terminal buildings,
				police stations, post offices, power plants (buildings only), prefabricated
				buildings, remodeling buildings, renovating buildings, repairing buildings,
				restaurants, schools, service stations, shopping centers, stores, subway
				stations, theaters, warehouses, water and sewage treatment plants (buildings
				only), etc.
(c) Projects involving
				the construction, alteration, or repair of single family individual dwelling
				units, houses, or apartment buildings of not more than four stories in height
				and consisting of not more than eight living units, are not subject to the
				prevailing wage rates.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.5 - Construction Services › Rule 24.17.511 - COMMERCIAL SUPPLIER DEFINED

Current through Register Vol. 13, July 5, 2024
(1) As used
				in this chapter, the term "commercial supplier" means a person, firm or entity
				that regularly furnishes goods and supplies to the public or to a particular
				sector or industry. The term includes both retail and wholesale operations, but
				does not include a person, firm or entity that limits its sales or production
				output from any single source or place of operation for use solely in the
				performance of public works contracts.
(2) As used in this rule, the term "goods and
				supplies" means tangible items, materials or commodities that are produced or
				manufactured for use or incorporation in construction projects. The term
				includes both items that are produced or manufactured to a standard size, grade
				or dimension, as well as items that are specially manufactured or produced on a
				"to order" or "made to measure" basis.
18-2-431,
					 MCA; IMP,
					 18-2-401,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.5 - Construction Services › Rule 24.17.514 - COMMERCIAL SUPPLIERS NOT SUBJECT TO PREVAILING WAGE LAWS

Current through Register Vol. 13, July 5, 2024
(1) A commercial supplier of goods and
				supplies is not subject to Montana's prevailing wage laws unless that supplier
				acts as a construction contractor, subcontractor or employer on the public
				works contract by performing on-site labor.
(2) Employees of a commercial supplier who
				are engaged in the performance of services directly upon the job site must be
				paid the applicable prevailing wage rate for the classification of work
				performed.
(3) For the purposes of
				this rule, the term "construction work" means labor that is performed after the
				commercial supplier delivers the goods or supplies. The fact that a commercial
				supplier charges for delivery (based on distance from the commercial supplier's
				location to the job site) does not transform the delivery into "construction
				work".
(a) As an example, the dumping of
				gravel from a belly-dump trailer, even if the dumping is done in a long row, is
				considered to be part of the delivery of the gravel. However, if the driver of
				the delivery vehicle performs "shovel work" after the load is dumped, that
				"shovel work" is considered to be "construction work".
(b) As another example, ready-mixed concrete
				is delivered by a commercial supplier from the mixer truck to a particular
				location on the job site. The mixer truck operator is delivering the concrete
				when the operator directs the flow of concrete down the delivery chute that is
				attached to the mixer truck, even if that flow is directed into a form that has
				been assembled by others in place. Further movement or manipulation of the
				concrete, after it leaves the end of the delivery chute, such as distributing
				the concrete evenly in the form with a shovel or screeding the concrete,
				constitutes "construction work".
(c) As another example, a commercial supplier
				delivers road oil to a public works contract site in a tank truck. The transfer
				of the road oil from the tank truck to a storage tank or into a road oiler
				truck is considered to be delivery within the meaning of this rule. However, if
				the supplier's tank truck also sprays the road oil directly on the road
				surface, that spraying operation is considered to be "construction work" for
				which the prevailing rate of wages must be paid.
(d) As another example, a commercial supplier
				of cabinets is not engaging in "construction work" by delivering the cabinets
				to a particular location or locations in a building that is being constructed
				pursuant to a public works contract. However, any installation work done to
				attach the cabinets to the building, or work performed after the cabinets are
				attached to the building, constitutes "construction work" within the meaning of
				this rule.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.5 - Construction Services › Rule 24.17.521 - CLASSIFYING EMPLOYEES FOR CONSTRUCTION SERVICES

Current through Register Vol. 13, July 5, 2024
(1) All employers on public works contracts
				for construction services (including contractors and subcontractors) shall
				classify each employee who performs labor on a public works contract project
				according to the applicable standard prevailing rate of wages for such craft,
				classification or type of employee established by the commissioner, and shall
				pay each employee a rate of wages not less than the standard prevailing rate.
				In instances where an employee performs duties and tasks associated with other
				crafts for 30 minutes or less per day, the employee would still receive the
				appropriate rate of wages established for the employee's primary craft
				classification.
18-2-431,
					 MCA; IMP,
					 18-2-401,
					 18-2-402
					 and
					 18-2-403,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.5 - Construction Services › Rule 24.17.526

Current through Register Vol. 13, July 5, 2024
AUTH:
					 18-2-431,
					 MCA; IMP:
					 18-2-401,
					 18-2-402,
					 18-2-403,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.6 - Non-Construction Services › Rule 24.17.614 - "SITE OF WORK" FOR NON-CONSTRUCTION SERVICES

Current through Register Vol. 13, July 5, 2024
(1) Unlike construction services, which by
				their very nature are performed at a specific site of work, many
				non-construction services can be performed at the place of business of the
				public contracting agency or at the place of the contractor. The fact that
				non-construction services are rendered at locations away from the place of
				business of the governmental entity does not change the requirement that the
				prevailing wage must be paid under the contract.
(2) As an example, school hot lunches under a
				food service contract could be prepared at the kitchen of a school where the
				food is being served, or the food could be prepared at the caterer's own
				kitchen and transported to the school. Regardless of where the food is being
				prepared, however, the employees must be paid the prevailing wage.
18-2-431,
					 MCA; IMP,
					 18-2-401,
					 18-2-402
					 and
					 18-2-403,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.6 - Non-Construction Services › Rule 24.17.621 - CLASSIFYING EMPLOYEES FOR NON-CONSTRUCTION SERVICES

Current through Register Vol. 13, July 5, 2024
(1) All employers on public works contracts
				for non-construction services (including contractors and subcontractors) shall
				classify each employee who performs labor on a public works contract project
				according to the applicable standard prevailing rate of wages for such craft,
				classification or type of employee established by the commissioner, and shall
				pay each such employee a rate of wages not less than the standard prevailing
				rate.
(2) The prohibition against
				dividing projects so as to avoid payment of the prevailing wages, as provided
				in ARM 24.17.161, is also applicable to
				public works contracts involving non-construction services.
18-2-431,
					 MCA; IMP,
					 18-2-401,
					 18-2-402
					 and
					 18-2-403,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.8 - Complaint Process › Rule 24.17.814 - COMPUTATION OF TIME PERIODS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 18-2-431,
					 39-3-202,
					 MCA IMP:
					 18-2-403,
					 18-2-407,
					 18-2-423,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.8 - Complaint Process › Rule 24.17.817 - FACSIMILE FILINGS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 18-2-431,
					 39-3-202,
					 MCA IMP:
					 18-2-403,
					 18-2-407,
					 18-2-423,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.8 - Complaint Process › Rule 24.17.821 - FILING COMPLAINTS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 18-2-431,
					 39-3-202,
					 MCA IMP:
					 18-2-403,
					 18-2-407,
					 18-2-423,
					 39-3-201,
					 39-3-207,
					 39-3-209,
					 39-3-210,
					 39-3-211,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.8 - Complaint Process › Rule 24.17.822 - JURISDICTIONAL REVIEW (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 18-2-431,
					 39-3-202,
					 MCA IMP:
					 18-2-403,
					 18-2-407,
					 18-2-423,
					 39-3-201,
					 39-3-209,
					 39-3-210,
					 39-3-211,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.8 - Complaint Process › Rule 24.17.824 - REQUESTING PARTY'S FAILURE TO PROVIDE INFORMATION (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 18-2-431,
					 39-3-202,
					 MCA IMP:
					 18-2-403,
					 18-2-407,
					 18-2-423,
					 39-3-201,
					 39-3-209,
					 39-3-210,
					 39-3-211,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.8 - Complaint Process › Rule 24.17.827 - EMPLOYER RESPONSE TO COMPLAINT (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 18-2-423,
					 18-2-431,
					 39-3-202,
					 MCA IMP:
					 18-2-403,
					 18-2-407,
					 18-2-423,
					 18-2-424,
					 39-3-201,
					 39-3-209,
					 39-3-210,
					 39-3-211,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.8 - Complaint Process › Rule 24.17.829 - DEPARTMENT REVIEW OF EMPLOYER RECORDS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 18-2-431,
					 39-3-202,
					 MCA IMP:
					 18-2-403,
					 18-2-407,
					 18-2-423,
					 18-2-424,
					 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 24.17.8 - Complaint Process › Rule 24.17.831 - DETERMINATION (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 18-2-431,
					 39-3-202,
					 MCA IMP:
					 18-2-403,
					 18-2-407,
					 18-2-423,
					 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 24.17.8 - Complaint Process › Rule 24.17.834 - REQUEST FOR REDETERMINATION (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 18-2-431,
					 39-3-202,
					 MCA IMP:
					 18-2-403,
					 18-2-407,
					 18-2-423,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.8 - Complaint Process › Rule 24.17.837 - REQUEST FOR FORMAL HEARING (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 18-2-431,
					 39-3-202,
					 MCA IMP:
					 18-2-403,
					 18-2-407,
					 18-2-423,
					 39-3-216,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.8 - Complaint Process › Rule 24.17.838 - MANDATORY, NONBINDING MEDIATION (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 18-2-431,
					 39-3-202,
					 MCA IMP:
					 39-3-216,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.8 - Complaint Process › Rule 24.17.841 - DEFAULT ORDERS AND DISMISSALS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 18-2-431,
					 39-3-202,
					 MCA IMP:
					 18-2-403,
					 18-2-407,
					 18-2-423,
					 39-3-212,
					 39-3-216,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.8 - Complaint Process › Rule 24.17.844 - REQUEST FOR RELIEF IF MAIL IS NOT RECEIVED (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 18-2-431,
					 39-3-202,
					 MCA IMP:
					 18-2-403,
					 18-2-407,
					 18-2-423,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.8 - Complaint Process › Rule 24.17.847 - APPEAL OF FORMAL HEARING (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 18-2-431,
					 39-3-202,
					 MCA IMP:
					 18-2-403,
					 18-2-407,
					 18-2-423,
					 39-3-216,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.8 - Complaint Process › Rule 24.17.851 - CRITERIA TO DETERMINE PENALTY AND COST IMPOSITION

Current through Register Vol. 13, July 5, 2024
(1) The commissioner shall consider the
				following mitigating and aggravating circumstances when determining the amount
				of any civil penalty to be assessed against a contractor, subcontractor, or
				employer found in violation of the terms of the public works contract and shall
				cite the circumstances the commissioner finds to be applicable:
(a) the actions of the contractor,
				subcontractor or employer in response to previous violations, if any, of
				statutes and rules;
(b) prior
				violations, if any, of statutes and rules;
(c) the opportunity and degree of difficulty
				to comply;
(d) the magnitude and
				seriousness of the violation, including instances of aggravated or willful
				violation, or gross negligence; or
(e) whether the contractor, subcontractor or
				employer knew or should have known of the violation.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.9 - Entities Not Eligible For Public Works Contracts › Rule 24.17.901 - CONTRACT INELIGIBILITY&#47;DEBARMENT

Current through Register Vol. 13, July 5, 2024
(1) After notice and an opportunity to be
				heard, the commissioner, acting by and through the department, may determine
				that a contractor, subcontractor or employer is debarred or ineligible to
				receive public works contracts for a period of up to three years. A contractor,
				subcontractor or employer, regardless of entity form, will be determined to be
				ineligible if the employer aggravatedly, willfully, or with gross negligence
				violates the provisions of Title 18, chapter 2, MCA, including but not limited
				to, actions such as:
(a) failing or refusing
				to pay the prevailing rate of wages to employees employed on public works
				projects;
(b) failing to respond to
				inquiries from the department to supply necessary payroll information and
				generally failing to cooperate in the investigation of the prevailing wage
				investigation; or
(c) submitting
				falsified payroll information to the department.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.17 - PREVAILING WAGES FOR PUBLIC WORKS PROJECTS › Subchapter 24.17.9 - Entities Not Eligible For Public Works Contracts › Rule 24.17.906 - LIST OF INELIGIBLES

Current through Register Vol. 13, July 5, 2024
(1) The department
				will publish a list of persons and entities that are ineligible to work on
				public works projects. The list will specify the dates of ineligibility. The
				list is public information and is available upon request from the department.
				The department will update the list as needed.
(2) The list will contain the name of
				ineligible employers and the names of any firms, corporations, partnerships or
				associations in which the employer or its owner(s) have a substantial financial
				interest. Those names will remain on the list for a period of three years from
				the date such names were first published on the list. The three year period of
				ineligibility will begin when the decision of the commissioner regarding
				ineligibility becomes final and no further appeals can be taken.
(3) An employer who desires to be removed
				from the list before the expiration of three years must show good cause for
				such removal. Such persons may petition the commissioner at any time during the
				period of ineligibility. The decision whether good cause exists to remove the
				employer from the list before the three year period expires rests in the sound
				discretion of the commissioner. In reviewing such petitions to determine if
				good cause exists, the commissioner shall consider the following matters:
(a) the history of the petitioner in taking
				all necessary measures to prevent or correct violations of statutes or
				rules;
(b) prior violations, if
				any, of statutes or rules;
(c)
				magnitude and seriousness of the violation; and
(d) other matters which indicate to the
				commissioner that the petitioner is not likely to violate these rules in the
				future.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.19 - PRIVATE EMPLOYMENT AGENCIES (TRANSFERRED TO COMMERCE, TITLE 8) › Subchapter 24.19.1 - Definitions and Record Keeping › Rule 24.19.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
Sec.
					 39-5-103,
					 MCA; IMP,
					 39-5-102,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.19 - PRIVATE EMPLOYMENT AGENCIES (TRANSFERRED TO COMMERCE, TITLE 8) › Subchapter 24.19.1 - Definitions and Record Keeping › Rule 24.19.102 - RECORD KEEPING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
Sec.
					 39-5-103,
					 MCA; IMP,
					 39-5-301,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.19 - PRIVATE EMPLOYMENT AGENCIES (TRANSFERRED TO COMMERCE, TITLE 8) › Subchapter 24.19.1 - Definitions and Record Keeping › Rule 24.19.103 - JOB ORDER, INFORMATION TO BE CONTAINED IN

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
Sec.
					 39-5-103,
					 MCA; IMP,
					 39-5-101, et.
					 seq., MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.19 - PRIVATE EMPLOYMENT AGENCIES (TRANSFERRED TO COMMERCE, TITLE 8) › Subchapter 24.19.1 - Definitions and Record Keeping › Rule 24.19.104 - JOB INTRODUCTION CARD

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
Sec.
					 39-5-103,
					 MCA; IMP,
					 39-5-101, et.
					 seq., MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.19 - PRIVATE EMPLOYMENT AGENCIES (TRANSFERRED TO COMMERCE, TITLE 8) › Subchapter 24.19.2 - Job Order › Rule 24.19.201 - BONA FIDE JOB ORDER

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
Sec.
					 39-5-103,
					 MCA; IMP,
					 39-5-101, et.
					 seq., MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.19 - PRIVATE EMPLOYMENT AGENCIES (TRANSFERRED TO COMMERCE, TITLE 8) › Subchapter 24.19.3 - Contracts › Rule 24.19.301 - COMMISSION EMPLOYMENT

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
Sec.
					 39-5-103,
					 MCA; IMP,
					 39-5-301, et.
					 seq., MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.19 - PRIVATE EMPLOYMENT AGENCIES (TRANSFERRED TO COMMERCE, TITLE 8) › Subchapter 24.19.3 - Contracts › Rule 24.19.302 - PERMISSIBLE CONTRACT CLAUSES

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
Sec.
					 39-5-103,
					 MCA; IMP,
					 39-5-301, et.
					 seq., MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.19 - PRIVATE EMPLOYMENT AGENCIES (TRANSFERRED TO COMMERCE, TITLE 8) › Subchapter 24.19.3 - Contracts › Rule 24.19.303 - PAROL EVIDENCE RULE

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
Sec.
					 39-5-103,
					 MCA; IMP.,
					 39-5-101, et.
					 seq., MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.19 - PRIVATE EMPLOYMENT AGENCIES (TRANSFERRED TO COMMERCE, TITLE 8) › Subchapter 24.19.4 - Advertising › Rule 24.19.401 - ADVERTISING

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
Sec.
					 39-5-103,
					 MCA; IMP,
					 39-5-304, et.
					 seq., MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.19 - PRIVATE EMPLOYMENT AGENCIES (TRANSFERRED TO COMMERCE, TITLE 8) › Subchapter 24.19.5 - Refunds › Rule 24.19.501 - REBATE OF SERVICE CHARGES INTEREST AND/OR PLACEMENT FEES

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
Sec.
					 39-5-103,
					 MCA; IMP,
					 39-5-301, et.
					 seq., MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.19 - PRIVATE EMPLOYMENT AGENCIES (TRANSFERRED TO COMMERCE, TITLE 8) › Subchapter 24.19.5 - Refunds › Rule 24.19.502 - REFUND

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
Sec.
					 39-5-103,
					 MCA; IMP,
					 39-5-311, et.
					 seq., MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.19 - PRIVATE EMPLOYMENT AGENCIES (TRANSFERRED TO COMMERCE, TITLE 8) › Subchapter 24.19.5 - Refunds › Rule 24.19.503 - TERMINATION AFTER THIRTY DAYS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 39-5-103,
					 MCA; IMP,
					 39-5-309 and
					 39-5-311, et.
					 seq., MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.19 - PRIVATE EMPLOYMENT AGENCIES (TRANSFERRED TO COMMERCE, TITLE 8) › Subchapter 24.19.6 - Fees › Rule 24.19.601 - FEE SPLITTING

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
Sec.
					 39-5-103,
					 MCA; IMP,
					 39-5-312. et.
					 seq., MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.19 - PRIVATE EMPLOYMENT AGENCIES (TRANSFERRED TO COMMERCE, TITLE 8) › Subchapter 24.19.7 - Licensing › Rule 24.19.701 - RENEWAL OF LICENSE

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
Sec.
					 39-5-103,
					 MCA; IMP,
					 39-5-201, et.
					 seq., MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.1 - Definitions › Rule 24.21.101 - FUNCTIONS OF THE APPRENTICESHIP BUREAU (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-6-101(2)(b),
					 MCA; IMP,
					 39-6-101,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.1 - Definitions › Rule 24.21.102 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this subchapter, the following definitions
				  apply:
(1) "Apprenticeship agreement"
				has the meaning provided for by
				39-6-105,
				MCA.
(2) "Apprenticeship
				articulation agreement" means an agreement between a pre-apprenticeship program
				and a registered apprenticeship program that defines the steps required for a
				pre-apprenticeship program participant to enter a registered apprenticeship
				program.
(3) "Department" means the
				Montana Department of Labor and Industry, as provided for by
				2-15-1701,
				MCA. The department is the state apprenticeship agency.
(4) "Pre-apprenticeship" means a
				department-recognized workforce training program endorsed by one or more
				registered apprenticeship sponsors that focuses on educating and training
				program participants to achieve at least minimum qualifications for entry into
				registered apprenticeship programs upon completion.
(5) "Indenture agreement" means the specific
				written agreement between a sponsor and an individual apprentice regarding the
				terms and conditions of the apprentice's apprenticeship.
(6) "Joint apprenticeship committee" means a
				local or statewide committee operating pursuant to
				39-6-104,
				MCA, and recognized by the department.
(7) "Registered apprentice" means an
				individual whose indenture agreement has been officially recognized and
				registered with a registration agency.
AUTH:
					 39-6-101,
					 MCA IMP:
					 39-6-101,
					 39-6-105,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.2 › Rule 24.21.201 - RULES OF THE BUREAU (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-6-101(2)(b),
					 MCA; IMP,
					 39-6-101,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.2 › Rule 24.21.202 - STATE APPRENTICESHIP AND TRAINING PROGRAM

Current through Register Vol. 13, July 5, 2024
(1) There exists with the department's
				workforce services division an office which operates the state's apprenticeship
				and training program. The office functions as Montana's state apprenticeship
				agency and state office for apprenticeship, as those terms are used within 29
				CFR part 29. The office organized as the apprenticeship and training program
				within the 21st century workforce technology, apprenticeship, and training
				bureau of the workforce services division of the department.
(2) The state apprenticeship and training
				program is responsible for:
(a) the approval
				of apprenticeship standards;
(b)
				the adoption of apprentice wage rates pursuant to
				39-6-108,
				MCA;
(c) the approval of sponsors;
(d) the registration of individual
				apprentices;
(e) maintaining
				records related to apprentice's progress and completion;
(f) providing technical assistance to
				sponsors;
(g) monitoring and
				evaluating apprentice and sponsor performance with respect to an apprenticeship
				program, including:
(i) requiring corrective
				actions when appropriate; or
(ii)
				terminating or cancelling an apprenticeship agreement;
(h) issuing completion certificates to
				apprentices as appropriate; and
(i) otherwise administering the state
				apprenticeship and training program, including promoting the use of
				apprenticeship as a means of workforce training.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.2 › Rule 24.21.205 - STATE APPRENTICESHIP ADVISORY COUNCIL TO BE ESTABLISHED

Current through Register Vol. 13, July 5, 2024
(1) The department shall establish on a
				continuing basis a state apprenticeship advisory council pursuant to the
				provisions of 29 CFR part 29, and in accordance with
				2-15-122,
				MCA. The state apprenticeship advisory council is a state apprenticeship
				council, operating as an advisory body, within the definitions contained in
				29
				CFR section 29.2.
(2) Members of the state apprenticeship
				advisory council are appointed by the commissioner of labor and
				industry.
(3) The commissioner
				shall appoint members of the state apprenticeship advisory council that, to the
				greatest extent feasible:
(a) equitably
				reflect the geographic and social diversity of apprenticeship within the state;
				and
(b) equitably reflect the
				balance between apprentice sponsors whose members are affiliated with labor
				organizations and those whose members are not signatories to collective
				bargaining agreements.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.3 - Records › Rule 24.21.301 - RECORDS OF THE BUREAU (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-6-101(2)(b),
					 MCA; IMP,
					 39-6-101,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.3 - Records › Rule 24.21.302 - FEDERAL REGULATIONS INCORPORATED BY REFERENCE

Current through Register Vol. 13, July 5, 2024
(1) The department adopts and incorporates by
				reference the following federal regulations for use in the operation of its
				state apprenticeship and training program:
(a)
										29
				CFR section 29.3, eligibility and criteria
				for registration of an apprenticeship program, as in effect on July 1,
				2010;
(b)
										29 CFR section
				29.4, criteria for apprenticeable
				occupations, as in effect on July 1, 2010;
(c)
										29 CFR section
				29.5, standards of apprenticeship, as in
				effect on January 18, 2017;
(d)
										29 CFR section
				29.6, program performance standards, as in
				effect on July 1, 2010;
(e)
										29 CFR section
				29.7, apprenticeship agreement, as in effect
				on January 18, 2017;
(f)
										29 CFR section
				29.8, deregistration of a registered program,
				as in effect on January 18, 2017;
(g)
										29 CFR section
				29.10, hearings for deregistration, as in
				effect on July 1, 2010, except that the appellate provisions of
				29 CFR section
				29.10(c) will not apply to
				the extent they are in conflict with the judicial review provisions of the
				Montana Administrative Procedure Act (Title 2, chapter 4, part 7, MCA);
(h)
										29
				CFR section 29.11, limitations, as in effect
				on July 1, 2010; and (i) 29 CFR part 30, equal employment opportunity in
				apprenticeship and training, as in effect on July 1, 2010.
(i) 29 CFR part 30, equal employment
				opportunity in apprenticeship and training, as in effect on January 18,
				2017.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.4 - Apprenticeship Standards › Rule 24.21.401 - REGISTRATION POLICY AND PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) In
				order that a standard of training be maintained and upheld for all
				apprenticeable occupations, before approval and registration will be granted to
				a program sponsor all provisions of the apprenticeship program must either meet
				or exceed those recognized in the immediate geographical or state wide area
				where applicable. These provisions apply to all those listed in ARM 24.21.411M
				inimum Guidelines for Registration of Apprenticeship Programs, including
				wages.
(2) The department will also
				apply the provisions of 29 CFR part 29 that are incorporated by reference in
				ARM 24.21.302 to determine whether a
				particular apprenticeship program will be approved and registered. A new
				apprenticeship program proposed for registration is subject to the provisional
				registration provisions of
				29
				CFR section 29.3, as adopted by the
				department in ARM 24.21.302.
(3)
				Apprenticeship programs and standards of employers and unions which jointly
				form a sponsoring entity on a multi-state basis and are registered pursuant to
				all requirements of Title 29 Code of Federal Regulations, Part 29 as in effect
				on July 1, 2010, by any registration agency shall be accorded approval
				reciprocity by the state apprenticeship and training program, if such
				reciprocity is requested by the sponsoring entity. An apprenticeship program
				must comply with Montana's statutes and administrative rules, including but not
				limited to:
(a) the applicable ratio
				requirements; and
(b) the
				apprenticeship wage rates established pursuant to
				39-6-108,
				MCA.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.4 - Apprenticeship Standards › Rule 24.21.405 - PERFORMANCE EVALUATIONS &#8211; WITHDRAWAL OF REGISTRATION

Current through Register Vol. 13, July 5, 2024
(1) The state apprenticeship and training
				program shall conduct periodic performance evaluations, as provided for by
				29 CFR section
				29.6 as adopted by the department in ARM
				24.21.302, for each apprenticeship
				program operating in Montana.
(2)
				The state apprenticeship and training program may withdraw the registration of
				an apprenticeship program ("deregister the apprenticeship program") if the
				apprenticeship program does not comply with the requirements of the applicable
				statutes or administrative rules. Registration may not be withdrawn before the
				program sponsor is afforded notice and an opportunity to be heard.
(3) Notice and an opportunity to be heard
				will be afforded pursuant to the provisions of the Montana Administrative
				Procedure Act, Title 2, chapter 4, part 6, MCA, and in accordance with the
				hearings provisions of ARM
				24.21.416.
(4) For good cause shown, a person directly
				affected by a proposed withdrawal of registration of an apprenticeship program
				may intervene in a proceeding provided for by (3).
39-6-101,
					 MCA; IMP,
					 39-6-101,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.4 - Apprenticeship Standards › Rule 24.21.412 - GUIDELINES FOR HIRING OF ADDITIONAL APPRENTICES

Current through Register Vol. 13, July 5, 2024
(1) An apprenticeship sponsor shall make
				reasonable efforts to encourage apprentices to complete the apprenticeship
				program.
(2) Before an
				apprenticeship sponsor may indenture a new apprentice, the sponsor shall offer
				to rehire any apprentice that had worked for the sponsor, but had been laid off
				or terminated without good cause.
(a) The
				registration agency may reject apprenticeship agreements submitted by
				apprenticeship sponsors who fail to provide proof of having offered to rehire
				apprentices that were laid off or terminated without good cause.
(b) An apprenticeship sponsor may demonstrate
				it had good cause for not rehiring a former apprentice. Good cause for not
				rehiring includes, but is not limited to:
(i)
				an offer of rehiring that is rejected by the former apprentice, if such offer
				is reasonable;
(ii) the former
				apprentice is unavailable for work within a reasonable period of time as
				determined by the circumstances or the rehiring; or
(iii) the former apprentice cannot be located
				after a diligent search by the apprenticeship sponsor.
(c) The following are examples of reasons
				that do not constitute good cause for not rehiring a former apprentice:
(i) the sponsor's inability to pay the former
				apprentice at the level which is appropriate for the training and education
				completed by that apprentice;
(ii)
				the rejection by the former apprentice of an offer for rehiring that is short
				term or of limited duration which is not reasonably calculated to provide
				employment for the former apprentice through the remainder of the
				apprenticeship program;
(iii) the
				rejection by the former apprentice of an offer for rehiring having conditions
				that require violation of the terms of the apprenticeship agreement and/or
				apprenticeship standards; or
(iv)
				the rejection by the former apprentice of an offer for rehiring which imposes
				conditions that require an apprentice to knowingly assist or participate in
				illegal activity.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.4 - Apprenticeship Standards › Rule 24.21.414 - WAGE RATES TO BE PAID IN BUILDING CONSTRUCTION OCCUPATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-6-101,
					 MCA; IMP,
					 39-6-101,
					 39-6-106,
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.4 - Apprenticeship Standards › Rule 24.21.415 - RATIO WAIVER PROCESS (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-6-101,
					 MCA IMP:
					 39-6-101,
					 39-6-106,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.21 - APPRENTICESHIP › Subchapter 24.21.4 - Apprenticeship Standards › Rule 24.21.416 - COMPLAINT PROCESS-APPEAL

Current through Register Vol. 13, July 5, 2024
(1) A dispute or
				complaint involving an apprenticeship agreement subject to the jurisdiction of
				the apprenticeship and training program (registration agency) may be filed with
				the Apprenticeship and Training Program, Department of Labor and Industry, P.O.
				Box 1728, Helena, MT 59624-1728, telephone (406) 444-3998, or fax to (406)
				444-3037. This complaint process does not affect existing complaint procedures
				recognized in registered apprenticeship standards.
(2) Upon receipt of a complaint, or discovery
				of a possible violation of an apprenticeship agreement or standard, the
				registration agency shall:
(a) screen the
				complaint or possible violation for proper jurisdiction;
(b) attempt to resolve the dispute informally
				at the earliest opportunity and if a complaint cannot be resolved, the
				registration agency, program sponsor, the complainant or a representative of
				the complainant must formally file a signed written complaint with the
				registration agency within 30 business days of the alleged violation;
(c) provide notice within ten business days
				of receipt of a complaint or possible violation to the program participant
				against whom a complaint or possible violation is directed;
(d) solicit a response to the complaint or
				possible violation from the program participant against whom the complaint or
				possible violation is directed;
(e)
				complete the investigation within 30 business days after the signed written
				complaint is filed, unless all parties to the complaint request a reasonable
				extension of the time for completion of the investigation; and
(f) within 15 business days of the completion
				of the investigation, issue to all parties to a complaint a written
				determination regarding the merits of the complaint or violation and include an
				appropriate remedy.