Administrative Rules of Montana Department 24 - LABOR AND INDUSTRY
Overview of ARM Department 24 — Labor and Industry
The Montana Department of Labor and Industry regulates labor standards, workplace safety, employment practices, and related administrative functions. The rules cover:
Wage and hour regulations
Worker safety and occupational health
Unemployment insurance and workers’ compensation
Professional licensing and regulation of trades
Enforcement, penalties, and compliance procedures
The overall goal is to protect workers, ensure fair labor practices, and enforce safe workplace standards.
Key Provisions
1. Wage and Hour Standards
Employers must pay at least the state minimum wage and comply with overtime rules.
Wage deductions must be legal and properly documented.
Accurate timekeeping and payroll records are required.
2. Workplace Safety
Employers must maintain a safe work environment.
Safety equipment, hazard training, and compliance with OSHA standards are required.
Workplace accidents must be reported, and hazardous conditions corrected promptly.
3. Unemployment Insurance
Employers must contribute to the state unemployment insurance fund.
Employees are eligible for benefits if they lose work through no fault of their own.
Fraudulent claims by employers or employees are subject to penalties.
4. Workers’ Compensation
Employers must provide coverage for work-related injuries or illnesses.
Claims must be filed promptly and benefits calculated according to law.
Fraud, misreporting, or denial of legitimate claims can result in sanctions.
5. Professional Licensing
Certain trades and occupations require licenses regulated by the Department.
Licensing ensures that practitioners meet education, experience, and competency standards.
Violations of licensing rules can lead to fines, suspension, or revocation.
6. Enforcement and Penalties
Noncompliance may result in:
Fines and monetary penalties
License suspension or revocation
Orders to correct unsafe or illegal practices
Legal action to recover unpaid wages or insurance contributions
Illustrative Case-Style Examples
Here are six hypothetical cases illustrating how ARM Department 24 rules are applied:
Case 1 — Unpaid Overtime
Situation: A manufacturing company requires employees to work 50 hours per week but pays only the standard 40-hour rate.
Relevant Rule: Employers must pay overtime for hours worked beyond 40 per week.
Outcome: The company is required to pay back wages and may be fined for violating wage and hour standards.
Case 2 — Workplace Safety Violation
Situation: A construction company fails to provide fall protection equipment to employees working on elevated scaffolding.
Relevant Rule: Employers must maintain a safe workplace and provide required safety equipment.
Outcome: The company is cited, required to provide equipment, retrain employees, and may face fines.
Case 3 — Fraudulent Unemployment Claim
Situation: An employee knowingly claims unemployment benefits after voluntarily leaving work without just cause.
Relevant Rule: Unemployment benefits require eligibility based on state criteria.
Outcome: The employee must repay benefits received and may face penalties or disqualification from future claims.
Case 4 — Workers’ Compensation Denial
Situation: An employer refuses to file a claim for an employee injured on the job, claiming it was “not work-related” without investigation.
Relevant Rule: Employers must provide coverage and report claims promptly.
Outcome: The Department investigates, and the employer may be required to pay benefits, fines, and penalties for noncompliance.
Case 5 — Licensing Violation
Situation: A tradesperson performs electrical work without holding the required Montana license.
Relevant Rule: Certain trades require licenses to protect public safety.
Outcome: The individual may be fined, ordered to cease work, and required to obtain a license before continuing practice.
Case 6 — Wage Recordkeeping Violation
Situation: A small business fails to maintain accurate payroll records, making it difficult to verify employee wages.
Relevant Rule: Employers must keep accurate wage and hour records.
Outcome: The business may be fined, required to correct records, and could be subject to audits to ensure compliance.
Summary
The Montana Administrative Rules, Department 24 — Labor and Industry ensures that:
Workers are paid fairly and receive proper benefits.
Workplaces are safe and compliant with safety standards.
Employers and employees comply with unemployment and workers’ compensation laws.
Licensed professionals meet competency and safety standards.
Violations carry significant penalties including fines, restitution, or license actions.
These rules are designed to protect employees, enforce fair labor practices, and promote workplace safety across Montana.
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