Subchapter 1
An Introductory Statement
|
| 24.16.101 |
GENERAL STATEMENT |
REP
|
7/31/2015 |
| 24.16.102 |
DEFINITIONS |
TRANS
|
3/9/2024 |
|
Rules 24.16.103 through 24.16.110 reserved
|
|
|
| 24.16.111 |
STATUS OF CERTAIN PERSONAL ASSISTANTS |
TRANS
|
3/9/2024 |
Subchapter 2
Executive, Administrative, and Professional, Defining the Terms
|
| 24.16.201 |
EXECUTIVE |
REP
|
5/14/2010 |
| 24.16.202 |
ADMINISTRATIVE |
REP
|
5/14/2010 |
| 24.16.203 |
PROFESSIONAL |
REP
|
5/14/2010 |
| 24.16.204 |
EMPLOYEE EMPLOYED IN A BONA FIDE EXECUTIVE CAPACITY |
REP
|
5/14/2010 |
| 24.16.205 |
EMPLOYEE EMPLOYED IN A BONA FIDE ADMINISTRATIVE CAPACITY |
REP
|
5/14/2010 |
| 24.16.206 |
EMPLOYEE EMPLOYED IN A BONA FIDE PROFESSIONAL CAPACITY |
REP
|
5/14/2010 |
| 24.16.211 |
EXECUTIVE, ADMINISTRATIVE, AND PROFESSIONAL EMPLOYEES - GENERAL POLICY GUIDANCE |
TRANS
|
3/9/2024 |
Subchapter 3
Reserved
|
Subchapter 4
Reserved
|
Subchapter 5
General Coverage Of The Wage And Hours Provisions
|
| 24.16.501 |
WORKWEEK |
REP
|
3/9/2024 |
| 24.16.502 |
COVERAGE NOT DEPENDENT ON METHOD OF COMPENSATION |
REP
|
3/9/2024 |
| 24.16.503 |
COVERAGE NOT DEPENDENT ON PLACE OF WORK |
REP
|
3/9/2024 |
Subchapter 6
reserved
|
Subchapter 7
Handicapped Workers In Competitive Employment
|
| 24.16.701 |
DEFINITIONS |
|
12/31/1972 |
| 24.16.702 |
APPLICATION FOR CERTIFICATE |
|
12/31/1972 |
Subchapter 10
Hours Worked
|
| 24.16.1001 |
INTRODUCTORY STATEMENT |
REP
|
7/31/2015 |
| 24.16.1002 |
GENERAL REQUIREMENTS |
REP
|
3/9/2024 |
| 24.16.1003 |
JUDICIAL CONSTRUCTION |
REP
|
7/31/2015 |
| 24.16.1004 |
EFFECT OF CUSTOM, CONTRACT OR AGREEMENT |
REP
|
3/9/2024 |
| 24.16.1005 |
EMPLOYEES "SUFFERED OR PERMITTED" TO WORK |
REP
|
3/9/2024 |
| 24.16.1006 |
REST AND MEAL PERIODS |
REP
|
3/9/2024 |
| 24.16.1007 |
SLEEPING TIME AND CERTAIN OTHER ACTIVITIES |
REP
|
3/9/2024 |
| 24.16.1008 |
PREPARATORY AND CONCLUDING ACTIVITIES |
REP
|
3/9/2024 |
| 24.16.1009 |
LECTURES, MEETINGS AND TRAINING PROGRAMS |
REP
|
3/9/2024 |
| 24.16.1010 |
TRAVEL TIME |
REP
|
3/9/2024 |
| 24.16.1011 |
ADJUSTING GRIEVANCES, MEDICAL ATTENTION, CIVIC AND CHARITABLE WORK, AND SUGGESTION SYSTEMS |
REP
|
3/9/2024 |
| 24.16.1012 |
RECORDING WORKING TIME |
REP
|
3/9/2024 |
Subchapter 13
Individual Contractor
|
| 24.16.1301 |
INDIVIDUAL CONTRACTOR |
REP
|
7/1/1996 |
| 24.16.1302 |
EMPLOYER-EMPLOYER RELATIONSHIP |
REP
|
7/1/1996 |
Subchapter 14
Reserved
|
Subchapter 15
Determinations Under and Interpretations of the Montana Minimum Wage and Overtime Compensation Act
|
| 24.16.1501 |
PURPOSE AND SCOPE |
REP
|
3/9/2024 |
| 24.16.1502 |
BOARD, LODGING OR OTHER FACILITIES |
REP
|
3/9/2024 |
| 24.16.1503 |
EFFECTS OF COLLECTIVE BARGAINING AGREEMENTS |
REP
|
3/9/2024 |
| 24.16.1504 |
RELATION TO OTHER LAWS |
REP
|
3/9/2024 |
| 24.16.1505 |
DEFINING THE TERM "FURNISHED AS APPLIED TO BOARD, LODGING, OR OTHER FACILITIES |
REP
|
3/9/2024 |
| 24.16.1506 |
"REASONABLE COST"; "FAIR VALUE" |
REP
|
3/9/2024 |
| 24.16.1507 |
"FREE AND CLEAR" PAYMENT; "KICKBACKS" |
REP
|
3/9/2024 |
| 24.16.1508 |
TIPS OR SERVICE CHARGES |
TRANS
|
3/9/2024 |
| 24.16.1509 |
PROCEDURE FOR DETERMINTNG MINIMUM WAGE |
REP
|
7/31/2015 |
| 24.16.1510 |
MINIMUM WAGE RATE |
REP
|
7/31/2015 |
Subchapter 19
Investigations And Inspections
|
| 24.16.1901 |
INVESTIGATIONS AND INSPECTIONS |
REP
|
7/1/1996 |
Subchapter 20
reserved
|
Subchapter 21
Joint Employment Relationship
|
| 24.16.2101 |
JOINT EMPLOYMENT |
TRANS
|
3/9/2024 |
Subchapter 22
reserved
|
Subchapter 23
Regulations For Employment Of Learners
|
| 24.16.2301 |
EMPLOYMENT OF LEARNERS |
REP
|
2/24/2018 |
Subchapter 24
reserved
|
Subchapter 25
Overtime Compensation
|
| 24.16.2501 |
RELATION TO OTHER LAWS GENERALLY |
REP
|
3/9/2024 |
| 24.16.2502 |
MAXIMUM NONOVERTIME HOURS |
REP
|
3/9/2024 |
| 24.16.2503 |
APPLICATION OF OVERTIME PROVISION GENERALLY |
REP
|
3/9/2024 |
| 24.16.2504 |
THE WORKWEEK AS THE BASIS FOR APPLYING SECTION 39-3-405, MCA |
REP
|
3/9/2024 |
| 24.16.2505 |
DETERMINING THE WORKWEEK |
REP
|
3/9/2024 |
|
Rules 24.16.2506 through 24.16.2510 reserved
|
|
|
| 24.16.2511 |
GENERAL STANDARD FOR OVERTIME PAY |
REP
|
7/31/2015 |
| 24.16.2512 |
THE REGULAR RATE |
REP
|
3/9/2024 |
| 24.16.2513 |
PAYMENTS OTHER THAN CASH |
REP
|
3/9/2024 |
| 24.16.2514 |
COMMISSION PAYMENTS - GENERAL |
REP
|
3/9/2024 |
| 24.16.2515 |
PAYMENTS THAT MAY BE EXCLUDED FROM THE "REGULAR RATE" |
REP
|
3/9/2024 |
| 24.16.2516 |
EXTRA COMPENSATION PAID FOR OVERTIME |
REP
|
3/9/2024 |
| 24.16.2517 |
BONUSES |
REP
|
3/9/2024 |
| 24.16.2518 |
CONDITIONS FOR EXCLUSION OF BENEFIT PLAN CONTRIBUTIONS |
REP
|
3/9/2024 |
| 24.16.2519 |
PAYMENTS NOT FOR HOURS WORKED AND REIMBURSEMENT FOR EXPENSES |
REP
|
3/9/2024 |
| 24.16.2520 |
PAY FOR CERTAIN IDLE HOURS |
REP
|
3/9/2024 |
| 24.16.2521 |
PAY FOR FOREGOING HOLIDAYS AND VACATIONS |
REP
|
3/9/2024 |
| 24.16.2522 |
"SHOW-UP" OR "REPORTING PAY" |
REP
|
3/9/2024 |
| 24.16.2523 |
"CALL-BACK" PAY |
REP
|
3/9/2024 |
| 24.16.2524 |
PAY FOR NON-PRODUCTIVE HOURS DISTINGUISHED |
REP
|
3/9/2024 |
| 24.16.2525 |
OTHER SIMILAR PAYMENTS |
REP
|
3/9/2024 |
|
Rules 24.16.2526 through 24.16.2530 reserved
|
|
|
| 24.16.2531 |
CHANGE IN THE BEGINNING OF THE WORKWEEK |
REP
|
3/9/2024 |
| 24.16.2532 |
RETROACTIVE PAY INCREASES |
REP
|
3/9/2024 |
| 24.16.2533 |
HOW DEDUCTIONS AFFECT THE REGULAR RATE |
REP
|
3/9/2024 |
|
Rules 24.16.2534 through 24.16.2540 reserved
|
|
|
| 24.16.2541 |
THE OVERTIME RATE IS AN HOURLY RATE |
REP
|
3/9/2024 |
| 24.16.2542 |
FIXED SUM FOR VARYING AMOUNTS OF OVERTIME |
REP
|
3/9/2024 |
| 24.16.2543 |
FLAT RATE FOR SPECIAL JOB PERFORMED IN OVERTIME HOURS |
REP
|
3/9/2024 |
| 24.16.2544 |
PAYMENT FOR ALL HOURS WORKED IN OVERTIME WORKWEEK IS REQUIRED |
REP
|
3/9/2024 |
| 24.16.2545 |
AGREEMENTS OR PRACTICES IN CONFLICT WITH STATUTORY REQUIREMENTS ARE INEFFECTIVE |
REP
|
7/31/2015 |
|
Rules 24.16.2546 through 24.16.2550 reserved
|
|
|
| 24.16.2551 |
PRODUCTIVE AND NONPRODUCTIVE HOURS OF WORK |
REP
|
3/9/2024 |
| 24.16.2552 |
PAYING FOR BUT NOT COUNTING HOURS WORKED |
REP
|
3/9/2024 |
| 24.16.2553 |
DECREASE IN HOURS WITHOUT DECREASING PAY–GENERAL |
REP
|
3/9/2024 |
| 24.16.2554 |
REDUCING THE FIXED WORKWEEK FOR WHICH A SALARY IS PAID |
REP
|
3/9/2024 |
| 24.16.2555 |
REDUCTION OF REGULAR OVERTIME WORKWEEK WITHOUT REDUCTION OF TAKE HOME PAY |
REP
|
3/9/2024 |
| 24.16.2556 |
ALTERNATING WORKWEEKS OF DIFFERENT FIXED LENGTHS |
REP
|
3/9/2024 |
| 24.16.2557 |
PRIZES AS BONUSES |
REP
|
3/9/2024 |
|
Rules 24.16.2558 through 24.16.2570 reserved
|
|
|
| 24.16.2571 |
DEVICES TO EVADE THE OVERTIME REQUIREMENTS |
REP
|
3/9/2024 |
|
Rules 24.16.2572 through 24.16.2580 reserved
|
|
|
| 24.16.2581 |
VETERANS SUBSISTENCE ALLOWANCES |
REP
|
3/9/2024 |
Subchapter 30
General Hours Worked - Overtime Compensation - Wage Payment
|
| 24.16.3001 |
DEFINITIONS |
|
3/9/2024 |
| 24.16.3004 |
STATUS OF CERTAIN PERSONAL ASSISTANTS |
|
3/9/2024 |
| 24.16.3007 |
EXECUTIVE, ADMINISTRATIVE, AND PROFESSIONAL EMPLOYEES - GENERAL POLICY GUIDANCE |
|
3/9/2024 |
| 24.16.3010 |
HOURS WORKED - GENERAL POLICY GUIDANCE |
|
3/9/2024 |
| 24.16.3013 |
WAGE PAYMENTS - GENERAL POLICY GUIDANCE |
|
3/9/2024 |
| 24.16.3016 |
OVERTIME COMPENSATION - GENERAL POLICY GUIDANCE |
|
3/9/2024 |
| 24.16.3019 |
EMPLOYER RECORD KEEPING - GENERAL POLICY GUIDANCE |
|
3/9/2024 |
| 24.16.3022 |
TIPS OR SERVICE CHARGES |
|
3/9/2024 |
| 24.16.3025 |
JOINT EMPLOYMENT |
|
3/9/2024 |
Subchapter 40
Complaints - Claims - Decisions - Appeals
|
| 24.16.4001 |
DEFINITIONS |
|
1/29/2022 |
| 24.16.4004 |
TIME PERIODS – SUBMITTING DOCUMENTS TO THE DEPARTMENT |
|
1/29/2022 |
| 24.16.4007 |
WAGE COMPLAINTS AND INVESTIGATIONS |
|
1/29/2022 |
| 24.16.4010 |
DETERMINATIONS |
|
1/29/2022 |
| 24.16.4013 |
REQUEST FOR RELIEF IF NOTICE NOT RECEIVED |
|
1/29/2022 |
| 24.16.4016 |
RESPONSES |
|
1/29/2022 |
| 24.16.4019 |
REDETERMINATIONS |
|
1/29/2022 |
| 24.16.4022 |
HEARING REQUESTS |
|
1/29/2022 |
| 24.16.4025 |
MEDIATION |
|
1/29/2022 |
Subchapter 51
Payment Of Back Wages To Be Made Through The Administration
|
| 24.16.5101 |
PAYMENT OF BACK WAGES |
REP
|
7/1/1996 |
Subchapter 55
Requirements Of A Bona Fide Profit Sharing Plan Or Trust
|
| 24.16.5501 |
SCOPE OF REGULATIONS |
REP
|
3/9/2024 |
Subchapter 61
Records To Be Kept By Employer
|
| 24.16.6101 |
FORM OF RECORDS |
REP
|
3/9/2024 |
| 24.16.6102 |
GENERAL REQUIREMENTS |
REP
|
3/9/2024 |
Subchapter 62
Reserved
|
Subchapter 63
Reserved
|
Subchapter 64
Reserved
|
Subchapter 65
Seasonal, Amusement Or Recreational
|
| 24.16.6501 |
SEASONAL AMUSEMENT OR RECREATIONAL |
REP
|
2/24/2018 |
Subchapter 66
reserved
|
Subchapter 67
Student Learner
|
| 24.16.6701 |
EMPLOYMENT OF STUDENT-LEARNERS |
REP
|
2/24/2018 |
Subchapter 68
reserved
|
Subchapter 69
Thrift Or Savings Plan
|
| 24.16.6901 |
REQUIREMENTS OF A "BONA FIDE THRIFT OR SAVINGS PLAN" |
REP
|
3/9/2024 |
Subchapter 75
Wage Claims
|
| 24.16.7501 |
PROCEDURE FOR FILING CLAIMS |
REP
|
5/1/1994 |
| 24.16.7502 |
PROCESSING THE CLAIM |
REP
|
5/1/1994 |
| 24.16.7503 |
PURPOSE |
REP
|
1/29/2022 |
|
Rules 24.16.7504 and 24.16.7505 reserved
|
|
|
| 24.16.7506 |
DEFINITIONS |
|
1/29/2022 |
|
Rules 24.16.7507 through 24.16.7510 reserved
|
|
|
| 24.16.7511 |
ACCRUAL OF CLAIMS UPON SEPARATION FROM EMPLOYMENT |
|
5/1/1994 |
|
Rules 24.16.7512 and 24.16.7513 reserved
|
|
|
| 24.16.7514 |
COMPUTATION OF TIME PERIODS |
REP
|
1/29/2022 |
|
Rules 24.16.7515 and 24.16.7516 reserved
|
|
|
| 24.16.7517 |
ELECTRONIC FILINGS |
REP
|
1/29/2022 |
|
Rule 24.16.7518 reserved
|
|
|
| 24.16.7519 |
WAGE COMPLAINTS AND INVESTIGATIONS |
REP
|
1/29/2022 |
| 24.16.7520 |
PROCEDURE FOR ISSUING WAGE CLAIM DETERMINATIONS REGARDING EMPLOYMENT STATUS OF INDEPENDENT CONTRACTOR |
|
2/24/2018 |
| 24.16.7521 |
FILING A CLAIM |
REP
|
1/29/2022 |
|
Rules 24.16.7522 and 24.16.7523 reserved
|
|
|
| 24.16.7524 |
EMPLOYEE'S FAILURE TO PROVIDE INFORMATION |
REP
|
1/29/2022 |
|
Rules 24.16.7525 and 24.16.7526 reserved
|
|
|
| 24.16.7527 |
EMPLOYER RESPONSE TO CLAIM |
REP
|
1/29/2022 |
|
Rules 24.16.7528 through 24.16.7530 reserved
|
|
|
| 24.16.7531 |
DETERMINATION |
REP
|
1/29/2022 |
|
Rules 24.16.7532 and 24.16.7533 reserved
|
|
|
| 24.16.7534 |
REQUEST FOR REDETERMINATION |
REP
|
1/29/2022 |
| 24.16.7535 |
PAYMENT OF WAGES AND PENALTIES |
|
1/29/2022 |
| 24.16.7536 |
MEDIATION PROCEDURES |
REP
|
1/29/2022 |
| 24.16.7537 |
REQUEST FOR FORMAL HEARING |
REP
|
1/29/2022 |
|
Rules 24.16.7538 through 24.16.7540 reserved
|
|
|
| 24.16.7541 |
DEFAULT ORDERS AND DISMISSALS |
REP
|
1/29/2022 |
|
Rules 24.16.7542 and 24.16.7543 reserved
|
|
|
| 24.16.7544 |
REQUEST FOR RELIEF IF MAIL IS NOT RECEIVED |
REP
|
1/29/2022 |
|
Rules 24.16.7545 and 24.16.7546 reserved
|
|
|
| 24.16.7547 |
APPEAL OF FORMAL HEARING |
REP
|
2/24/2018 |
|
Rules 24.16.7548 through 24.16.7550 reserved
|
|
|
| 24.16.7551 |
PENALTY WHEN PAYMENTS ARE MADE PRIOR TO DETERMINATIONS AND SUBSEQUENT TO DETERMINATIONS |
|
3/9/2024 |
|
Rules 24.16.7552 through 24.16.7555 reserved
|
|
|
| 24.16.7556 |
SPECIAL CIRCUMSTANCES JUSTIFYING MAXIMUM PENALTY |
|
5/1/1994 |
|
Rules 24.16.7557 through 24.16.7560 reserved
|
|
|
| 24.16.7561 |
PENALTY FOR MINIMUM WAGE AND OVERTIME CLAIMS |
|
5/1/1994 |
|
Rules 24.16.7562 through 24.16.7565 reserved
|
|
|
| 24.16.7566 |
PENALTY FOR CLAIMS INVOLVING OTHER KINDS OF COMPENSATION |
|
5/1/1994 |
|
Rules 24.16.7567 and 24.16.7568 reserved
|
|
|
| 24.16.7569 |
PENALTY FOR MIXED CLAIMS |
|
5/1/1994 |
Subchapter 90
Minimum Wages On Public Contracts
|
| 24.16.9001 |
PURPOSE AND SCOPE |
TRANS
|
9/13/2002 |
| 24.16.9002 |
DEFINITIONS |
TRANS
|
9/13/2002 |
| 24.16.9003 |
ESTABLISHING THE STANDARD PREVAILING RATE OF WAGES AND FRINGE BENEFITS |
TRANS
|
9/13/2002 |
| 24.16.9004 |
DEPARTMENT ASSISTANCE AND NEW JOB CLASSIFICATION RATES |
TRANS
|
9/13/2002 |
| 24.16.9005 |
OBLIGATIONS OF PUBLIC CONTRACTING AGENCIES |
TRANS
|
9/13/2002 |
| 24.16.9006 |
OBLIGATIONS OF EMPLOYERS, CONTRACTORS AND SUBCONTRACTORS |
TRANS
|
9/13/2002 |
| 24.16.9007 |
ADOPTION OF STANDARD PREVAILING RATE OF WAGES |
TRANS
|
9/13/2002 |
| 24.16.9008 |
SERVICES--DEFINITION--EXCLUSIONS--EXAMPLES |
REP
|
9/13/2002 |
| 24.16.9009 |
$25,000 LIMIT--ENFORCEMENT |
REP
|
9/13/2002 |
| 24.16.9010 |
PROCEDURES FOR ENFORCING THE ACT |
REP
|
9/13/2002 |
LABOR AND INDUSTRY
