Employment law is the set of laws that cover a wide range of legal issues associated with employees, employers, and safety conditions in the workplace. For example, some state or federal employment laws may apply to a case involving employment discrimination, while other employment laws may simply provide guidance to businesses when they are drafting company policies and/or employee handbooks.
The overall purpose of employment and labor laws is to protect all of the people that make up the workforce. As such, employment and labor laws generally cover the following:
- Establishing protections for employees who bring a legal dispute against a colleague, an employer, or their job;
- Ensuring that businesses do not discriminate against prospective job candidates or current employees during the interviewing, hiring, promotion, labor, or termination processes;
- Extending specific legal rights and protections to employees who are self-employed, or are considered to be independent contractors;
- Ensuring that non paid employees, such as volunteers or unpaid interns are not exposed to sexual harassment, discrimination, and/or retaliation in the workplace; and
- A variety of other legal topics that are commonly associated with employment rights in general, such as minimum wage laws.
It is important to note that employment laws vary widely by jurisdiction. This is because state laws may add additional protections onto existing federal labor laws. Because of this, employee rights that are protected by one state may not be available as a protection under the laws of another state.
Additionally, some issues regarding labor law issues may be governed by both state and federal employment laws. For example in the state of Montana, family, medical, and maternity leave are governed by both federal laws and state laws.
According to the federal labor laws, which are compiled as the Fair Labor Standards Act (“FLSA”) and the Internal Revenue Code (“IRC”), there are many ways in which an employee may be classified. Federal laws divide workers into either normal employees or independent contractors.
The following is a list of the most common types of employment that a worker’s job may be classified as:
- Full time or part time employment;
- Seasonal or temporary employment;
- Independent contractors;
- Freelance workers;
- Consultants; and/or
- Temporary workers.
- This type of employment differs from seasonal or temporary employment.
It is important to be aware of which type of employment an employee is categorized as. This is because the kind of employment that a worker is classified will determine:
- What kinds of employment benefits they are able to receive;
- What types of legal rights they will have as a employee;
- Whether or not the employee may qualify for additional benefits; and
- What sort of tasks the employer will be legally tasked with in regards to that employee, such as how they are to withhold the employee’s income taxes.
Does Montana Have Its Own Set of Labor Laws?
In short, yes. As mentioned above Montana employers are required to adhere to federal labor laws. However, the state of Montana has its own set of additional labor laws. Local labor laws in Montana cover various different aspects of employment law, including:
- Laws regarding minimum wage;
- Laws regarding overtime;
- Laws regarding breaks;
- Laws regarding maternity leave;
- Laws regarding vacation time;
- Laws regarding sick leave; and
- Laws regarding holiday pay and time.
What Is the Minimum Wage in Montana?
As of 2009, the federal minimum wage is set at $7.25 per hour. This means that $7.25 is the minimum hourly pay any non-exempt worker in the United States must be paid for their work. It is important to once again note that the federal minimum wage is applicable nationwide. As such, federal minimum wage laws override any state laws that provide for a lower minimum wage rate than that of the federal minimum wage.
However, states and localities may choose to enact laws that impose a higher minimum wage than that of the federal minimum wage for workers in their area. Montana is such a state that has enacted laws setting a higher minimum wage.
In the state of Montana the minimum wage rate is set at $9.20 per hour as of January 1, 2022. According to the Employment Relations Division of the Montana Department of Labor & Industry, the minimum wage is automatically reviewed each year by September 30th and adjusted accordingly.
One major advantage for restaurant workers in the state of Montana is that tip credits are banned under Montana law. This means that employers in Montana cannot include tips when making wage calculations. As such, the minimum wage for employees that may receive tips is the same as the regular state minimum wage of $9.20.
When Are Montana Minimum Wage Laws Not Applicable?
It is important to understand the distinction between businesses that are covered by the FLSA and businesses that are not covered. The reason why it is important to understand the distinction is because businesses not covered by FLSA can pay their employees a reduced minimum wage. Examples of businesses and employees not covered by the FLSA include:
- Businesses that only have a single employee;
- Businesses that employ railroad workers;
- Businesses that employ truck drivers;
- Independent contractors;
- Private gigs, such as babysitting or musicians; and/or
- Certain types of agricultural workers.
In addition to the above exception to Montana minimum wage laws, businesses also do not have to adhere to Montana minimum wage laws if the business does not make more than $110,000 in gross sales per year. If an employer does not make more than $110,000 in annual sales, without moving goods across state lines, then they can pay their employees a minimum wage rate of $4.00 per hour.
What Are the Montana Labor Laws on Discrimination?
In addition to federal protections that cover discrimination against an employee, the Montana Human Rights Act provides additional protections for Montana employees. Under the Montana Human Rights Act, an employer may not discriminate against an employee based on their:
- Race;
- Creed;
- Religion;
- Sex;
- Sexual Orientation and gender identity;
- Physical or mental disability;
- Age; or
- National origin.
In addition to the above list of protections, there are also many Montana laws that cover employment discrimination for any reason. Further, Montana also provides protections for employees that whistleblow against their employer. Specifically, whistleblowers in Montana that reveal the misuse of government funds or fraudulent claims for payments are protected under the Montana False Claims Act.
As such, any employer that retaliates against a Montana employee for whistleblowing may be legally liable to:
- Reinstate the employee to their previous position;
- Pay the employee twice the amount of their owed back pay, with interest; and/or
- Compensate the employee for any other damages they may have incurred due to the employer’s retaliatory actions, such as emotional damage.
The state of Montana may also intervene in the retaliation case. If the state intervenes, the employee may receive a lesser recovery, but the state will pursue the case on the employee’s behalf. Of course an employee is also free to pursue their claim in a private civil lawsuit against their former employer.
Do I Need an Attorney for Help With Montana Labor Laws?
As can be seen, there are numerous labor laws, both federal and state, that provide legal protections and rights to Montana employees. As such, if you believe that your employer has violated your rights as an employee, it is in your best interests to consult with an experienced Montana labor lawyer.
An experienced Montana labor lawyer will be able to help you determine whether or not your employer has violated your rights as an employee.
Additionally, an employment lawyer will also be able to help you determine your best course of legal action to recover for any losses that you may have suffered as a result of your employee rights being violated. Finally, an attorney can also initiate a private civil lawsuit on your behalf against your employer, and represent you in court, as necessary.
