reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.2 - Executive, Administrative, and Professional, Defining the Terms › Rule 24.16.205 - EMPLOYEE EMPLOYED IN A BONA FIDE ADMINISTRATIVE CAPACITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-3-403,
					 MCA; IMP,
					 39-3-406(1)(j)
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.2 - Executive, Administrative, and Professional, Defining the Terms › Rule 24.16.206 - EMPLOYEE EMPLOYED IN A BONA FIDE PROFESSIONAL CAPACITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-3-403,
					 MCA; IMP,
					 39-3-406(1)(j),
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.2 - Executive, Administrative, and Professional, Defining the Terms › Rule 24.16.211 - EXECUTIVE, ADMINISTRATIVE, AND PROFESSIONAL EMPLOYEES - GENERAL POLICY GUIDANCE (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-401,
					 39-3-406,
					 39-3-408,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.5 - General Coverage Of The Wage And Hours Provisions (Repealed) › Rule 24.16.501 - WORKWEEK (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.5 - General Coverage Of The Wage And Hours Provisions (Repealed) › Rule 24.16.502 - COVERAGE NOT DEPENDENT ON METHOD OF COMPENSATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-404,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.5 - General Coverage Of The Wage And Hours Provisions (Repealed) › Rule 24.16.503 - COVERAGE NOT DEPENDENT ON PLACE OF WORK (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-404,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.7 - Handicapped Workers In Competitive Employment › Rule 24.16.701 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Handicapped workers" means an individual
				whose earning is impaired by age or physical or mental deficiency or injury for
				the work he is to perform.
(2)
				"Handicapped trainee" or "trainee" means an individual whose earning capacity
				is impaired by age or physical or mental deficiency or injury, and who is
				receiving or is scheduled to receive on-the-job training in industry under any
				vocational rehabilitation program administered by the Veterans Administration
				or an authorized vocational rehabilitation agency operation pursuant to the
				Vocational Rehabilitation Act.
(3)
				"State Agency" shall mean the "Department of Social and Rehabilitation
				Services.
(4) "Institutions" means
				that state institution engaged in the custody and caring for of the worker or
				trainee.
(5) State institution is
				an institution operated by the State of Montana.
Sec.
					 39-3-403,
					 MCA; IMP, Sec.
					 39-3-406(1)
					 (f),
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.7 - Handicapped Workers In Competitive Employment › Rule 24.16.702 - APPLICATION FOR CERTIFICATE

Current through Register Vol. 13, July 5, 2024
Applications for employment under special certificate of
				  handicapped workers at wages lower than the minimum wage applicable under
				  section
				  39-3-406(f)
				  MCA of the act must be approved by the Department of Social and Rehabilitative
				  Services; Institutions caring for the handicapped, or individuals must seek
				  application from the Commissioner of Labor.
Sec.
					 39-3-403,
					 MCA; IMP, Sec.
					 39-3-406(1)
					 (f),
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.10 - Hours Worked (Repealed) › Rule 24.16.1001

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 24.16.10 - Hours Worked (Repealed) › Rule 24.16.1002 - 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 24.16.10 - Hours Worked (Repealed) › Rule 24.16.1003

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 24.16.10 - Hours Worked (Repealed) › Rule 24.16.1004 - EFFECT OF CUSTOM, CONTRACT OR AGREEMENT (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 24.16.10 - Hours Worked (Repealed) › Rule 24.16.1005 - EMPLOYEES "SUFFERED OR PERMITTED" TO WORK (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 24.16.10 - Hours Worked (Repealed) › Rule 24.16.1006 - REST AND MEAL PERIODS (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 24.16.10 - Hours Worked (Repealed) › Rule 24.16.1007 - SLEEPING TIME AND CERTAIN OTHER ACTIVITIES (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 24.16.10 - Hours Worked (Repealed) › Rule 24.16.1008 - PREPARATORY AND CONCLUDING ACTIVITIES (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 24.16.10 - Hours Worked (Repealed) › Rule 24.16.1009 - LECTURES, MEETINGS AND TRAINING PROGRAMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-402, 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 24.16.10 - Hours Worked (Repealed) › Rule 24.16.1010 - TRAVEL TIME (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 24.16.10 - Hours Worked (Repealed) › Rule 24.16.1011 - ADJUSTING GRIEVANCES, MEDICAL ATTENTION, CIVIC AND CHARITABLE WORK, AND SUGGESTION SYSTEMS (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 24.16.10 - Hours Worked (Repealed) › Rule 24.16.1012 - RECORDING WORKING TIME (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 24.16.13 - Individual Contractor › Rule 24.16.1301 - INDIVIDUAL CONTRACTOR (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-3-403
					 MCA; IMP,
					 39-3-404
					 and
					 39-3-405
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.13 - Individual Contractor › Rule 24.16.1302 - EMPLOYER-EMPLOYER RELATIONSHIP (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-3-403
					 MCA; IMP,
					 39-3-404
					 and
					 39-3-405
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.15 - Determinations Under and Interpretations of the Montana Minimum Wage and Overtime Compensation Act › Rule 24.16.1501 - PURPOSE AND SCOPE (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 24.16.15 - Determinations Under and Interpretations of the Montana Minimum Wage and Overtime Compensation Act › Rule 24.16.1502 - BOARD, LODGING OR OTHER FACILITIES (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 24.16.15 - Determinations Under and Interpretations of the Montana Minimum Wage and Overtime Compensation Act › Rule 24.16.1503 - EFFECTS OF COLLECTIVE BARGAINING AGREEMENTS (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 24.16.15 - Determinations Under and Interpretations of the Montana Minimum Wage and Overtime Compensation Act › Rule 24.16.1504 - RELATION TO OTHER LAWS (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 24.16.15 - Determinations Under and Interpretations of the Montana Minimum Wage and Overtime Compensation Act › Rule 24.16.1505 - DEFINING THE TERM "FURNISHED" AS APPLIED TO BOARD, LODGING, OR OTHER FACILITIES (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 24.16.15 - Determinations Under and Interpretations of the Montana Minimum Wage and Overtime Compensation Act › Rule 24.16.1506 - "REASONABLE COST"; "FAIR VALUE" (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 24.16.15 - Determinations Under and Interpretations of the Montana Minimum Wage and Overtime Compensation Act › Rule 24.16.1507 - "FREE AND CLEAR" PAYMENT; "KICKBACKS" (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 24.16.15 - Determinations Under and Interpretations of the Montana Minimum Wage and Overtime Compensation Act › Rule 24.16.1508 - TIPS OR SERVICE CHARGES (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-202,
					 39-3-403, MCA; IMP:
					 39-3-201,
					 39-3-402,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.15 - Determinations Under and Interpretations of the Montana Minimum Wage and Overtime Compensation Act › Rule 24.16.1509

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403,
					 MCA; IMP:
					 39-3-409,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.15 - Determinations Under and Interpretations of the Montana Minimum Wage and Overtime Compensation Act › Rule 24.16.1510

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403,
					 MCA; IMP:
					 39-3-409,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.19 - Investigations And Inspections › Rule 24.16.1901 - INVESTIGATIONS AND INSPECTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-3-403
					 MCA; IMP,
					 39-3-407
					 MCA;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.21 - Joint Employment Relationship › Rule 24.16.2101 - JOINT EMPLOYMENT (TRANSFERRED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 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 24.16.23 - Regulations For Employment Of Learners (Repealed) › Rule 24.16.2301 - EMPLOYMENT OF 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 24.16.25 - Overtime Compensation › Rule 24.16.2501 - RELATION TO OTHER LAWS GENERALLY (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2502 - MAXIMUM NONOVERTIME HOURS (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 24.16.25 - Overtime Compensation › Rule 24.16.2503 - APPLICATION OF OVERTIME PROVISION GENERALLY (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2504 - THE WORKWEEK AS THE BASIS FOR APPLYING SECTION 39-3-405, MCA (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2505 - DETERMINING THE WORKWEEK (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2511

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 24.16.25 - Overtime Compensation › Rule 24.16.2512 - THE REGULAR RATE (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 24.16.25 - Overtime Compensation › Rule 24.16.2513 - PAYMENTS OTHER THAN CASH (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 24.16.25 - Overtime Compensation › Rule 24.16.2514 - COMMISSION PAYMENTS - GENERAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2515 - PAYMENTS THAT MAY BE EXCLUDED FROM THE "REGULAR RATE" (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2516 - EXTRA COMPENSATION PAID FOR OVERTIME (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2517 - BONUSES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2518 - CONDITIONS FOR EXCLUSION OF BENEFIT PLAN CONTRIBUTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2519 - PAYMENTS NOT FOR HOURS WORKED AND REIMBURSEMENT FOR EXPENSES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2520 - PAY FOR CERTAIN IDLE HOURS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2521 - PAY FOR FOREGOING HOLIDAYS AND VACATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2522 - "SHOW-UP" OR "REPORTING PAY" (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2523 - "CALL-BACK" PAY (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2524 - PAY FOR NONPRODUCTIVE HOURS DISTINGUISHED (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2525 - OTHER SIMILAR PAYMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2531 - CHANGE IN THE BEGINNING OF THE WORKWEEK (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2532 - RETROACTIVE PAY INCREASES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2533 - HOW DEDUCTIONS AFFECT THE REGULAR RATE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2541 - THE OVERTIME RATE IS AN HOURLY RATE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2542 - FIXED SUM FOR VARYING AMOUNTS OF OVERTIME (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2543 - FLAT RATE FOR SPECIAL JOB PERFORMED IN OVERTIME HOURS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2544 - PAYMENT FOR ALL HOURS WORKED IN OVERTIME WORKWEEK IS REQUIRED (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2545

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403,
					 MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2551 - PRODUCTIVE AND NONPRODUCTIVE HOURS OF WORK (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2552 - PAYING FOR BUT NOT COUNTING HOURS WORKED (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2553 - DECREASE IN HOURS WITHOUT DECREASING PAY-GENERAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2554 - REDUCING THE FIXED WORKWEEK FOR WHICH A SALARY IS PAID (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2555 - REDUCTION OF REGULAR OVERTIME WORKWEEK WITHOUT REDUCTION OF TAKE HOME PAY (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2556 - ALTERNATING WORKWEEKS OF DIFFERENT FIXED LENGTHS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2557 - PRIZES AS BONUSES (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2571 - DEVICES TO EVADE THE OVERTIME REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 39-3-403, MCA; IMP:
					 39-3-405,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.25 - Overtime Compensation › Rule 24.16.2581 - VETERANS SUBSISTENCE ALLOWANCES (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 24.16.30 - Reserved › Rule 24.16.3001 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Administrator" means the administrator
				of the Employment Standards Division, Montana Department of Labor and Industry.
				The commissioner of Labor and Industry has delegated to the administrator the
				functions vested in the commissioner.
(2) "Amusement or recreational area" means a
				location that is characterized as being, or immediately adjacent to, a
				destination location such as a national park, ski area, or vacation resort
				area.
(3) "Amusement or
				recreational establishment" means businesses with locations at an amusement or
				recreational area, such as the concessionaires at amusement parks, resorts, and
				ski areas. The term does not include food services or hospitality
				establishments located in the area, other than direct concessionaires of the
				primary amusement or recreational area operator.
(4) "Direct and close supervision" means a
				qualified and experienced person supervising the student-employee and
				continually available when the student-employee is working to supervise, give
				direction, and check the work of the student-employee.
(5) "Division" means the Employment Standards
				Division of the Montana Department of Labor and Industry.
(6) "Establishment" refers to a distinct
				physical place of business rather than to an entire business or enterprise
				which may include several separate places of business.
(7) "Independent contractor" means an
				individual working under an independent contractor exemption certificate
				provided for in
				39-71-417, MCA.
(8) "Nonprofit" means a nonprofit corporation
				as defined in Title 35, chapter 2, MCA.
(9) "Organized camp" means a camp which:
(a) provides a sustained experience with a
				creative recreational and educational opportunity in a group living setting in
				the outdoors; and
(b) uses trained
				leadership and the resources of the natural surroundings to contribute to each
				camper's mental, physical, social, and spiritual growth.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.30 - Reserved › Rule 24.16.3004 - STATUS OF CERTAIN PERSONAL ASSISTANTS

Current through Register Vol. 13, July 5, 2024
(1) For the purposes of wage and hour laws, a
				person with a disability receiving services of a personal assistant or an
				immediately involved representative of the disabled person, such as a parent or
				guardian, is not the employer of the personal assistant despite controlling the
				selection, management, and supervision of the personal assistant if:
(a) the personal assistant is providing
				services to the disabled person pursuant to
				53-6-145, MCA, and rules adopted
				by the department of public health and human services implementing that
				statute; and
(b) the personal
				assistant is the employee of another person or entity that exercises an
				employer's control over the personal assistant, including employee discipline
				and termination.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.30 - Reserved › Rule 24.16.3007 - EXECUTIVE, ADMINISTRATIVE, AND PROFESSIONAL EMPLOYEES - GENERAL POLICY GUIDANCE

Current through Register Vol. 13, July 5, 2024
(1) To ease
				disparity between state and federal requirements, and make it easier for
				employers and employees to understand the wage and hour provisions applicable
				to bona-fide executive, administrative, professional employees, and persons
				employed in an outside sales capacity, the commissioner finds that it is
				appropriate that Montana harmonize its treatment of those employees under state
				wage and hour laws with the federal treatment of those same classes of persons
				under the Fair Labor Standards Act,
				29 USC
				201, et seq. The department adopts and
				incorporates by reference the following sections of the Code of Federal
				Regulations, October 27, 2023, edition:
(a) 29
				CFR part 541 , subparts A, B, C, D, F, G, and H.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.30 - Reserved › Rule 24.16.3010 - HOURS WORKED - GENERAL POLICY GUIDANCE

Current through Register Vol. 13, July 5, 2024
(1) To
				ease disparity between state and federal requirements and clarify the practices
				and policies that may guide the department's administration and enforcement of
				Montana wage and hour law, the department adopts and incorporates by reference
				the following sections of the Code of Federal Regulations, October 27, 2023,
				edition. These provisions provide examples describing the most frequently
				occurring situations and questions regarding hours worked in wage and hour
				regulation.
(a)
										29 CFR
				785.5,
				785,
				6, and
				785.8; and
(b)
										29 CFR
				785.11 through
				785.48, except not adopt
				29 CFR
				785.39, which is replaced with the following:
(i) Travel that keeps an employee away from
				home overnight is travel away from home. Travel away from home is clearly
				worktime when it cuts across the employee's workday. The employee is simply
				substituting travel for other duties. The time is not only hours worked on
				regular working days during normal working hours but also during the
				corresponding hours on nonworking days. Thus, if an employee regularly works
				from 9 a.m. to 5 p.m. from Monday through Friday the travel time during these
				hours is worktime on Saturday and Sundays as well as on the other days. Regular
				meal period time is not counted.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.30 - Reserved › Rule 24.16.3013 - WAGE PAYMENTS - GENERAL POLICY GUIDANCE

Current through Register Vol. 13, July 5, 2024
(1) To ease disparity between state and
				federal requirements and clarify the practices and policies that may guide the
				department's administration and enforcement of Montana wage and hour law, the
				department adopts and incorporates by reference the following sections of the
				Code of Federal Regulations, October 27, 2023, edition. These provisions
				provide examples describing the most frequently occurring situations and
				questions regarding wage payments in wage and hour regulation.
(a)
										29 CFR
				531.2;
(b)
										29 CFR
				531.3;
(c)
										29 CFR
				531.6(a) and (c);
(d) not adopt
				29 CFR
				531.6(b), which is replaced
				with the following:
(i) A collective
				bargaining agreement shall be deemed to be "bona fide" when it is made with a
				labor organization certified by the National Labor Relations Board, or which is
				the certified representative of the employees under the provisions of the
				National Labor Relations Act, as amended, or the Railway Labor Act, as amended,
				or the Montana Collective Bargaining for Public Employees Act, or the Montana
				Collective Bargaining for Nurses Act.
(e)
										29 CFR
				531.26,
				29-32,
				33(b), and
				35;
(f)
										29 CFR
				547.0 through
				547.2;
(g)
										29 CFR
				549.0 through
				549.3; and
(h)
										29 CFR
				776.5 and
				776.6.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.30 - Reserved › Rule 24.16.3016 - OVERTIME COMPENSATION - GENERAL POLICY GUIDANCE

Current through Register Vol. 13, July 5, 2024
(1) To ease disparity between state and
				federal requirements and clarify the practices and policies that may guide the
				department's administration and enforcement of Montana wage and hour law, the
				department adopts and incorporates by reference the following sections of the
				Code of Federal Regulations, October 27, 2023, edition. These provisions
				provide examples describing the most frequently occurring situations and
				questions regarding overtime compensation in wage and hour regulation.
(a)
										29 CFR
				548;
(b)
										29 CFR
				778.5;
(c)
										29 CFR
				778.101 through
				106;
(d)
										29 CFR
				778.108 through
				121;
(e)
										29 CFR
				778.200 through
				214;
(f)
										29 CFR
				778.215 through
				217(c)(1), and
				217(d);
(g)
										29 CFR
				778.218 through
				225;
(h)
										29 CFR
				778.301 through
				315;
(i)
										29 CFR
				778.318 through
				333;
(j)
										29 CFR
				778.400 through
				421;
(k)
										29 CFR
				778.500 through
				503; and
(l)
										29 CFR
				778.600 and
				601.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.30 - Reserved › Rule 24.16.3019 - EMPLOYER RECORD KEEPING - GENERAL POLICY GUIDANCE

Current through Register Vol. 13, July 5, 2024
(1) To ease disparity between state and
				federal requirements and clarify the practices and policies that may guide the
				department's administration and enforcement of Montana wage and hour law, the
				department adopts and incorporates by reference the following sections of the
				Code of Federal Regulations, October 27, 2023, edition. These provisions
				provide examples describing the most frequently occurring situations and
				questions regarding employer record keeping in wage and hour regulation.
(a)
										29 CFR
				516.1 through
				516.8, except not adopt
				29 CFR
				516.6, which is replaced with the following:
(i) Supplementary basic records: Each
				employer required to maintain records under this part shall preserve for a
				period of at least three years:
(A) Basic
				employment and earning records. From the date of last entry, all basic time and
				earnings cards or sheets on which are entered the daily starting and stopping
				time of individual employees, or of separate work forces, or the amounts of
				work accomplished by individual employees on a daily, weekly, or pay period
				basis (for example, units produced) when those amounts determine in whole or in
				part the pay period earning or wages of those employees; and
(B) Wage rate tables. From their last
				effective date, all tables or schedules of the employer which provide the piece
				rates or other rates used in computing straight-time earnings, wages, or
				salary, or overtime computation;
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.30 - Reserved › Rule 24.16.3022 - TIPS OR SERVICE CHARGES

Current through Register Vol. 13, July 5, 2024
(1) A tip is a
				sum presented by a customer as a gift or gratuity in recognition of some
				service performed. It is to be distinguished from payment of a charge, if any,
				made for the service. Whether a tip is to be given, and its amount, are matters
				determined solely by the customer, and generally the customer has the right to
				determine who shall be the recipient of the gratuity.
(a) In addition to cash sums presented by
				customers which an employee keeps, tips received by an employee include,
				amounts paid by bank check or other negotiable instrument payable at par and
				amounts transferred by the employer to the employee pursuant to directions from
				credit customers who designate amounts to be added to their bills as
				tips.
(b) Tips are the employees'
				to keep and may not be used by the employer to make up any part of the
				employees' wage.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.30 - Reserved › Rule 24.16.3025 - JOINT EMPLOYMENT

Current through Register Vol. 13, July 5, 2024
(1) A single
				individual may stand in the relation of an employee to two or more employers at
				the same time under the Montana Minimum Wage and Overtime Compensation Act,
				since there is nothing in the law which prevents an individual employed by one
				employer from also entering into an employment relationship with a different
				employer. A determination of whether the employment by the employers is to be
				considered joint employment or separate and distinct employments for purposes
				of the law depends upon all the facts in the particular case. If all the
				relevant facts establish that two or more employers are acting entirely
				independently of each other and are completely disassociated with respect to
				the employment of a particular employee, who during the same workweek performs
				work for more than one employer, each employer may disregard all work performed
				by the employee for the other employer (or employers) in determining his own
				responsibilities under the law. On the other hand, if the facts establish that
				the employee is employed jointly by two or more employers, i.e., that
				employment by one employer is not completely disassociated from employment by
				the other employer(s), all of the employee's work for all of the joint
				employers during the workweek is considered as one employment for purposes of
				the law. In this event, all joint employers are responsible, both individually
				and jointly, for compliance with all of the applicable provisions of the law,
				including the overtime provisions, with respect to the entire employment for
				the particular workweek. In discharging the joint obligation each employer may,
				of course, take credit toward minimum wage and overtime requirements for all
				payments made to the employee by the other joint employer or
				employers.
(2) Where the employee
				performs work which simultaneously benefits two or more employers, or works for
				two or more employers at different times during the workweek, a joint
				employment relationship generally will be considered to exist in situations
				such as:
(a) Where there is an arrangement
				between the employers to share the employee's services, as, for example, to
				interchange employees, or,
(b)
				Where one employer is acting directly or indirectly in the interest of the
				other employer (or other employers) in relation to the employee, or,
(c) Where the employers are not completely
				disassociated with respect to the employment of a particular employee and may
				be deemed to share control of the employee, directly or indirectly, by reason
				of the fact that one employer controls, is controlled by, or is under common
				control with the other employer.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.40 - Complaints - Claims - Decisions - Appeals › Rule 24.16.4001 - 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 24.16.40 - Complaints - Claims - Decisions - Appeals › Rule 24.16.4004 - TIME PERIODS - SUBMITTING DOCUMENTS TO THE DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1) Time periods for acts required by these
				rules will exclude the first day and include the last day, unless the last day
				falls on a Saturday, Sunday, or legal holiday. In that event, the period runs
				until the end of the next regular workday, which is not a Saturday, Sunday, or
				legal holiday.
(2) All claims,
				complaints, requests, responses, and documents required or allowed to be
				submitted to the department:
(a) may be
				submitted in person, by regular mail, electronically (e-mail), by facsimile
				(fax), or via online portal when available; and
(b) are considered filed with the department
				on the date the department receives them.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.40 - Complaints - Claims - Decisions - Appeals › Rule 24.16.4007 - WAGE COMPLAINTS AND INVESTIGATIONS

Current through Register Vol. 13, July 5, 2024
(1) The department will review complaints,
				claims, or other information received to enforce Montana's wage laws.
(2) The department may conduct investigations
				without filed complaints, including spot-check inspections of payroll and
				personnel records, and interviews to ensure compliance with wage
				laws.
(3) The department will
				review prevailing wage complaints to determine if the work is subject to
				federal prevailing wage laws, and if so, will advise the complainant to contact
				the U.S. Department of Labor.
AUTH:
					 2-4-201,
					 18-2-409,
					 18-2-431,
					 39-3-202,
					 39-3-403,
					 MCA IMP:
					 2-4-201,
					 18-2-407,
					 18-2-409,
					 18-2-423,
					 18-2-424,
					 39-3-206,
					 39-3-207,
					 39-3-209,
					 39-3-210,
					 39-3-211,
					 39-3-216,
					 39-3-407,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.40 - Complaints - Claims - Decisions - Appeals › Rule 24.16.4010 - DETERMINATIONS

Current through Register Vol. 13, July 5, 2024
(1) Following the expiration of an employer's
				response time, the department will issue a determination of the wages and
				penalty owed, if any.
(2) The
				determination will incorporate any decision of the department's independent
				contractor central unit regarding the employment status.
(3) The department will send a copy of the
				determination to each party or attorneys of record.
(4) Failure of an employer to timely respond
				to a claim or complaint may result in the entry of a determination adverse to
				the employer.
(5) A party receiving
				an adverse determination may request either a redetermination or a
				hearing.
AUTH:
					 2-4-201,
					 18-2-409,
					 18-2-431,
					 39-3-202,
					 39-3-403,
					 MCA IMP:
					 2-4-201,
					 2-4-603,
					 18-2-407,
					 18-2-409,
					 18-2-423,
					 18-2-424,
					 39-3-206,
					 39-3-207,
					 39-3-209,
					 39-3-210,
					 39-3-211,
					 39-3-216,
					 39-3-407,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.40 - Complaints - Claims - Decisions - Appeals › Rule 24.16.4013 - REQUEST FOR RELIEF IF NOTICE NOT RECEIVED

Current through Register Vol. 13, July 5, 2024
(1) A party alleging untimely or non-receipt
				of notice of a claim, determination, or hearing has the burden of proving the
				party should be granted relief. The party seeking relief must present a
				preponderance of evidence to rebut the statutory presumption in
				26-1-602,
				MCA, that a letter duly directed and mailed was received in the regular course
				of the mail.
(2) Once a judgment is
				issued by a district court concerning a decision, any request for relief must
				be directed to the district court by a party (not the department on behalf of a
				party) per the Rules of Civil Procedure and be in the form required by the
				district court.
AUTH:
					 2-4-201,
					 18-2-409,
					 18-2-431,
					 39-3-202,
					 39-3-216,
					 39-3-403,
					 MCA IMP:
					 2-4-201,
					 18-2-407,
					 18-2-409,
					 39-3-207,
					 39-3-209,
					 39-3-210,
					 39-3-216,
					 39-3-407,
					 MCA
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.40 - Complaints - Claims - Decisions - Appeals › Rule 24.16.4016 - RESPONSES

Current through Register Vol. 13, July 5, 2024
(1) The department will notify all involved
				parties of a wage claim or complaint.
(2) Employers must respond and provide any
				requested information by the date specified in the notice.
(a) If requested prior to the response
				deadline, the department may grant additional response time for good cause
				shown.
(b) Failure to timely
				respond may result in a decision adverse to the employer.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.40 - Complaints - Claims - Decisions - Appeals › Rule 24.16.4019 - REDETERMINATIONS

Current through Register Vol. 13, July 5, 2024
(1) A party receiving an adverse decision may
				request a redetermination.
(a)
				Redeterminations are limited to issues other than employment status.
(b) Parties disagreeing with an employment
				status decision must raise the issue in the request for redetermination to
				preserve the issue for a hearing per ARM 24.16.4022.
Administrative Rules of Montana › Department 24 - LABOR AND INDUSTRY › Chapter 24.16 - WAGES AND HOURS › Subchapter 24.16.40 - Complaints - Claims - Decisions - Appeals › Rule 24.16.4022 - HEARING REQUESTS

Current through Register Vol. 13, July 5, 2024
(1) A party
				receiving an adverse decision may request a contested case hearing within 15
				days from the date the decision or redetermination is sent.
(2) Hearing requests must include the names
				and contact information for the requesting and opposing parties.
(3) For timely, complete requests, the
				department will first conduct mediation as provided by ARM 24.16.4025. If
				mediation does not fully resolve the dispute, any unresolved issues will be
				resolved through contested case proceedings in accordance with Title 2, chapter
				4, part 6, MCA.
AUTH:
					 2-4-201,
					 18-2-409,
					 18-2-431,
					 39-3-202,
					 39-3-403,
					 MCA; IMP:
					 2-4-201,
					 2-4-603,
					 18-2-407,
					 18-2-409,
					 39-3-206,
					 39-3-207,
					 39-3-209,
					 39-3-210,
					 39-3-211,
					 39-3-216,
					 39-3-407,
					 MCA