Knowledge — 3 months ago

Montana Labor Laws and Employee Rights in Montana

by Garry S.

Montana Labor Law, Montana Labor Laws

What are Montana Labor Laws?

Every employee deserves a stable working condition combined with flexible work hours and reasonable compensation. An employer looks for a flexible and less costly workforce. Labor law bridges the gap between an employee and employer and facilitates the relationship between employing entities, trade unions, government, and the employees.

Montana labor law
In the U.S., labor law covers all facets of the legal relationship between an employer, employee and the labor union. While some states follow the state laws, others adopt federal laws or both. In the U.S., the Department of Labor administers and enforces the deferral employment laws. Montana labor laws come under the Montana Department of Labor and Industry.

Child labor act in Montana

The Montana child labor law applies to all minors, migrants and resident children. It establishes the hours a minor can work and also the conditions in which a minor is allowed to work. An individual under the age of 18 is a minor. The law intends to protect children from interference with their education, health, and well-being. It protects minors from being exploited. Minors are not allowed to work in all industries and all jobs. They have a set of limitations which include, but not limited to the following-

  • Children cannot work for more than 3 hours on a school day
  • Minors are not allowed to work at nights or very early in the morning.
  • They cannot work in hazardous occupation and hazardous environment

Many other limitations govern the employment of minors. Under Montana law, minors do not need to submit a work permit or employment certificate at any age, to be employed in a nonhazardous environment.

Montana Labor Law

Minimum wage and overtime in Montana

An annual review of the minimum wage rate is made to adjust the rate according to the change in the cost of living in Montana. The cost of living adjustment is based on the increase in the consumer price index. If there is an increase, the minimum wage changes accordingly. With limited exceptions, the minimum wage applies to almost all employees in Montana. The current minimum wage in Montana State is higher than the federal rate. Law that is more beneficial to the worker applies.

Workers who work more than 40 weekly hours are entitled to overtime of one and half times the regular pay.

 

Leave law in Montana

Some states have their comprehensive rules governing the employee leave and leave of absence. Montana law does not require the employer to provide paid or unpaid vacation leave, sick leave, jury duty leave, voting leave or bereavement leave. Employers do not have the right to take away the earned leave. Employee's accrued leave can be compensated with monetary benefits.  Regardless of how employment is terminated, employers must pay all accumulated vacation days on the last paycheck, even if the employee is fired.

The federal laws govern Montana leave law. Employees are entitled to a 12-week leave due to a serious illness that requires an overnight stay in a hospital. Chronic conditions with continuous treatment are also covered.

Montana Labor Laws

Law against discrimination in Montana

Employment discrimination is against the law. Montana’s discrimination law is administered by the Montana Human Rights Act and the Montana Governmental Code of Fair Practices. It is illicit to discriminate based on age, family status, marital status, nationality, physical or mental disability, political beliefs and more. The following actions are considered unlawful    

  • Denying maternity leave or reinstating post leave
  • Refusal to refer for employment by the employment agencies
  • labor unions denying membership or discriminating against a person or member
  • refuse to hire or discharge an employee concerning compensation or privileges of employment

A complaint must be filed within180 days of the alleged discrimination and can be dually filed under the Equal Employment Opportunity Commission. This means that both federal and state laws will apply.

Labor law covers all facets of the legal relationship between an employer, employee and the labor union. It is of utmost importance to understand these laws before signing an employment contract.


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