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Montana Employee Rights

Montana Employee Rights


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.