Montana Employee Rights: Understanding Your Rights as an Employee

As an employee, knowing your rights is essential. It can be challenging to navigate the complex world of employment law, but understanding your rights is necessary to protect yourself against potential discrimination and wrongful treatment. In Montana, there are various state and federal laws in place to protect employee rights. This article will cover the key Montana employee rights you need to know as well as recent updates to the law.

Overview of Montana Employment Law

Montana employment law is governed by both federal and state laws. The federal government sets the minimum standard for employment laws that states must meet or exceed. In Montana, the state provides additional protections that exceed federal law. Montana has several laws in place to protect workers, including the Montana Human Rights Act, the Montana Wrongful Discharge from Employment Act, and the Montana Wage and Hour Law. These laws apply to nearly all employees and have provisions that outline strict penalties for employers who violate the laws.

Minimum Wage Law

Montana’s minimum wage is $8.75 per hour, with the minimum wage rate rising each year to keep up with inflation. In January 2021, the minimum wage increased to $8.75 from $8.65 the previous year. If an employee in Montana relies solely on tips, the employer is allowed to pay $4.00 per hour as long as the employee earns enough in tips to make up the difference between the minimum wage and the tipped wage.

Overtime Law

The Montana Wage and Hour Law requires employers to pay overtime pay to non-exempt employees who work more than 40 hours in a week. Overtime pay is calculated as one and one-half times the employee’s regular rate of pay. In addition, Montana law requires that employees receive at least 24 hours of uninterrupted rest in each seven-day workweek.

Discrimination Laws

Montana law prohibits any discrimination based on race, color, national origin, religion, sex, age, or disability. Employers are prohibited from discriminating against employees in hiring, promotions, pay, and other work conditions based on these protected characteristics.

Harassment Laws

It is illegal for an employer to harass an employee based on their race, color, national origin, religion, sex, age, or disability. The Montana Human Rights Act defines harassment as verbal or physical conduct that has the purpose or effect of unreasonably interfering with an individual’s work performance or that creates an intimidating, hostile, or offensive work environment.

Family and Medical Leave

Under the Family and Medical Leave Act (FMLA), eligible Montana employees can take up to 12 weeks of unpaid leave in a 12-month period for certain medical and family reasons. An eligible employee must have worked for the employer for at least 12 months and worked at least 1,250 hours in the twelve months before the leave. Reasons for leave under the FMLA include:

• The birth of a child and care for a newborn
• Adoption or foster-care placement of a child
• Care of a spouse, child, or parent with a serious health condition
• Medical leave for the employee’s own serious health condition

Workers’ Compensation Laws

Montana law requires employers to carry workers’ compensation insurance that covers medical expenses and lost wages for employees who are injured on the job. Employees who are hurt at work have the right to file a workers’ compensation claim without fear of retaliation and receive compensation for medical expenses and lost wages related to the injury.

Retaliation and Whistleblower Protection

Montana law prohibits employers from retaliating against employees who report illegal behavior, unsafe working conditions, or other workplace violations. Retaliation can take many forms, including demotion, refusal to promote, firing, or other negative employment action.

Assuming you have a valid claim, you might be wondering what compensation is available if you suffered retaliation or discrimination. Generally, awards in retaliation and discrimination claims can include lost wages, compensatory damages, and punitive damages. Additionally, you may end up recovering attorney’s fees if you are successful in your case.

Unemployment Compensation

Unemployment compensation provides temporary financial assistance to workers who lost their jobs through no fault of their own. The program is funded by taxes paid by employers on behalf of their employees. In Montana, eligible employees can receive up to 28 weeks of unemployment compensation, depending on their work history and other factors.

Recent Updates to Montana Employment Law

Montana has recently enacted some laws and regulations to protect employees’ rights, including:

Montana Marijuana Legalization

In November 2020, Montana voters approved a ballot initiative to legalize the use of marijuana for recreational purposes. The Montana Marijuana Act outlines restrictions and requirements for employers regarding employee marijuana use. Although the initiative permits recreational use, employers in Montana can still prohibit employees from using marijuana or being under the influence of marijuana while at work or during work hours.

Montana Pregnancy Accommodation Law

In May 2020, Montana enacted a new law that requires employers to provide reasonable accommodations to pregnant employees. Employers must provide accommodations such as more frequent breaks, assistance with manual labor, light-duty assignments, and other necessary adjustments to the employee’s working conditions. This new law aims at preventing discrimination against pregnant employees.

Bottomline

Montana has enacted several laws to protect employee rights, including minimum wage, overtime, and discrimination protections. Employers who violate these laws may face serious penalties, so it is essential to know your rights as an employee. Additionally, if you believe your employer violated your rights, reach out to an experienced employment lawyer to understand your legal options and find out the best course of action. By knowing your rights and taking action to protect them, you can ensure a fair and safe workplace.

What are Montana Employee Rights?

The following article provides the statutory laws of Montana concerning Labor and Employment law. It should be used as a basis for understanding MT employee rights.

The Montana Labor and Employment Law Division is responsible for enforcing many of the laws associated with Montana employee rights. For example, the Montana  Labor and Employment Law Division is responsible for enforcing the Payment of Wage Act to ensure that employees of Montana  are paid at least the federal minimum wage, on-time, and in state-approved funding methods. Moreover, through the department’s Child Labor Division, the Montana Labor and Employment Law Division helps ensure that young Montana ns have the opportunity to seek employment in jobs that do not harm them or interfere with their educational goals.

Montana employee rights refer to the rights given to those employed in the state of Montana. Montana employee rights are fundamental to avoid mistreatment and exploitation of the workforce. The Labor and Employment Law Division of Montana is responsible for investigating complaints that allege violations of the labor laws listed below. If a complaint it viewed as legitimate, the Labor and Employment Law Division will hold informal conferences and conduct settlement with employers to settle Montana employee rights disputes. The Department will prepare final orders for the unpaid and assess civil money penalties against employers to assist in civil or criminal court actions against Montana employers to gain compliance.

MT Employee Rights: Montana Payment of Wage Law

A staple of MT employee rights state that employers are required to establish regular pay dates and pay rates. MT employee rights state that Montana employers must pay employees all wages, commissions and/or salaries on or behalf the established payment date. Fringe benefits (vacation pay, sick leave, and holiday pay and severance packages) are not required according to Montana employee rights; however, employers must go-through with such offerings if they are expressed in the employment contract or policy.

Montana employee rights state that payments must be provided via check, direct deposit or cash (in limited circumstances, payroll debit cards may be provided). MT employee rights prohibit employers from making deductions (other than for taxes), unless required by law (wage garnishments).

Montana Employee Rights: Montana Minimum Wage Act

The Montana Minimum Wage Act—an important sub sect of MT employee right laws–is the law that applies to employers (with four or more employees excluding immediate family members) who fail to meet the coverage requirements of the Federal Fair Labor Standards Act. This law simply states that Montana employees are eligible for the federal minimum wage level of $7.25—the state of Montana does not institute its own minimum wage level. Any increase in the federal rate will be reflected on the state level; increases in the federal rate automatically bolster the state’s rate.

MT Employee Rights: Montana Child Labor Laws

MT employee rights, with just a few exceptions, prohibit the employment of minors under the age of fourteen years old. Moreover, Montana employee rights state that work permits must be issued for all youths under the age of 16.

MT employee rights state that hours of work restrictions must be established for children under the age of 16; an employer is required to keep records to verify hours worked and breaks supplied to those under the age of 16. Montana employee rights also specify forms of employment that are restricted or limited for those youths under the age of 18. Furthermore, no child under the age of 18 is allowed to be employed in a hazardous occupation not is any minor under the age of 16 permitted to be employed on a construction site or in a farm, orchard, garden. The list of hazardous occupations is established by regulations set forth by the Commissioner of Labor and Industry.

MT Employee Rights: Right-to-Work Laws

This set of Montana employee rights prohibits closing shops where employers may hire only members of a union or union shops. The right to work—according to Montana employee rights—shall not be denied on the basis of membership or non-membership in an organization or labor union. Moreover, Montana employee rights state that employees are never required to pay union dues as a condition of their employment.

In addition to right-to-work-laws, Montana  employee rights makes it a misdemeanor for former employers to maliciously and willfully attempt to prevent former employees from becoming employed by another employer. Listed below are other popular laws associated with Montana Employee Rights:

• The Equal Pay Irrespective of Sex law states that employers are not permitted to discriminate—with regards to employment decisions or pay—based on gender.

• The Unlawful to Require Applicants or Employees to pay for Medical Examinations prohibits employers from requiring an employee to pay for medical exams required by employers

• The Limitations on the Amount to Subject Garnishment establishes the maximum portion of disposable income that is allowed to be subject to wage garnishment. This portion of Montana  employee rights protects an employer from unscrupulous wage garnishment.

• The Prohibition on Questions Regarding Sexual Activity on Lie Detector Tests for employment prohibits an employer from questioning or inquiring into an applicant’s sexual activities during a lie detector test

MT Employee Rights: Criminal Records

Montana employers may check for criminal records when conducting employment background checks. If an employer performs this action, Montana employee rights institute protections to safeguard the prospective employee’s civil rights and liberties. The following MT employee rights must be practiced by any Montana employer who performs a background check:

• A Montana  employer is not permitted to automatically prohibit a candidate solely because of their criminal record

• A Montana  employer is not permitted to ask or consider juvenile criminal records when evaluating employment worthiness

• An employer typically has the right to consider and ask about criminal records to make employment decisions.