Employment Laws

This list contains the Federal Laws relating to Employment, the Federal Laws Regarding Montana Public Employers, and the State Laws Related to Employment.
To read the Federal Laws click here on the United States Codes Opens in new window and enter the title number and section number in the search engine.
To read the State Laws click here on the Montana Codes then click on the title number. You can then have it search for the section number.
    • Age Discrimination in Employment Act (ADEA) (29 USC Sec. 621, et seq.)
    • Americans with Disabilities Act (42 USC Sec. 12181, et seq.)
    • Civil Rights Acts - (42 USC Sec. 2000, et seq.)
    • Davis-Bacon Act (40 USC Sec. 276a, et seq.)
    • Employee Retirement Income Security Act (ERISA) (29 USC Sec. 1001, et seq.)
    • Equal Pay Act (29 USC Sec. 206[d])
    • Fair Labor Standards Act (29 USC Sec. 201, et seq.)
    • Family Medical Leave Act (29 USC Sec. 2601, et seq.)
    • Federal Bankruptcy Code (Wages due within 90 days of filing are priority claim) (11 USC Sec. 1001, et seq.)
    • Immigration and Reform Control Act (8 USC Sec. 1324a, 1324b)
    • Job Training Partnership Act - Job Training Programs (29 USC Sec. 1501, et seq.)
    • Labor Management Relations Act (29 USC Sec. 141, et seq.)
    • National Labor Relations Act (29 USC Sec. 151, et seq.)
    • Occupational Safety and Health Act (OSHA) (29 USC Sec. 651, et seq.)
    • Portal to Portal Act (29 USC Sec. 251, et seq.) - Adds to Fair Labor Standards Act
    • Service Contract Act (41 USC Sec. 351, et seq.) - Extends Davis Bacon Act to service contracts
    • Social Security Act (42 USC Sec. 301, et seq.)
    • Unemployment Tax Act (26 USC Sec. 3301-3311)
    • Veterans' Reemployment Rights (38 USC Sec. 2021, [4321] et seq.)
    • Wagner-Peyser Act (Federal Employment Service) (29 USC Sec. 49, et seq.)
    • Worker Adjustment and Retraining Act Plant Closure Law (29 USC Sec. 2101, et seq.)
    • State Directory of New Hires (42 USC Sec. 653a)
    Federal Laws Where Applicability is Based on Number of Employees

    Popular Name of Law

    15 or more

    20 or more

    50 or more

    100 or more
    Age Discrimination in Employment Act*   X    
    Americans with Disabilities Act* X      
    Civil Rights Act* X      
    Family Medical Leave Act     X  
    Veterans' Reemployment Rights X      
    Worker Adjustment and Retraining Act Plant Closure Act       X

    *ALL EMPLOYERS, REGARDLESS OF NUMBER OF EMPLOYEES, ARE COVERED UNDER THE MONTANA STATE LAWS.
    United States Codes

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State Laws Related To Employment

    • Arbitration for Firefighters (Title 39, Chapter 34)
    • Collective Bargaining for Nurses (Title 39, Chapter 32)
    • General Limitations on Collective Bargaining Rights (Title 39, Chapter 33)

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    • Construction Contractor Registration (Title 39, Chapter 9)

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    • Blacklisting and Protection of Discharged Employees (39-2-801 to 39-2-804)
    • Child Labor Standards Act (Title 41, Chapter 2)
    • Deception as to character of employment, conditions of work, or existence of labor dispute prohibited (39-2-303)
    • Discrimination prohibited for lawful product use during non-working hours - exceptions (39-2-313)
    • Employment of aliens not lawfully authorized to accept employment prohibited (39-2-305)
    • Employment of persons under eighteen as bartenders prohibited (39-2-306)
    • Lie detector tests prohibited (39-2-304)
    • Regulation of blood and urine testing (Title 39, Chapter 2, part 2)
    • Unlawful for employer to require employee to pay cost of medical examination as condition of employment (39-2-301)
    • Wrongful Discharge from Employment (39-2-901 to 39-2-915)

     

    • Human Rights (Title 49, Chapters 1 to 4). Prohibits employment discrimination based on race, color, national origin, religion, sex, age, physical and mental disability, marital status, and (for public employers only) political beliefs or ideas; includes hiring, firing, and all terms and conditions of employment; requires reasonable maternity leave; prohibits sexual harassment.
    • Equal pay for women for equivalent service (39-3-104)

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    • Boilers and Steam Engines (Title 50, Chapter 74)
    • Construction Blasting (Title 37, Chapter 72)
    • Hoisting Engines (Title 50, Chapter 76)
    • Occupational Safety (Title 50, Chapter 71)
    • Safety Culture Act (39-71-1501 to 39-71-1508)
    • Safety in Coal Mines (Title 50, Chapter 73)
    • Safety in Mines Other Than Coal Mines (Title 50, Chapter 72)

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    • Minimum Wage and Overtime Compensation. The Department enforces the payment of minimum wage and overtime compensation. (39-3-401 to 39-3-409)
    • Montana's Little Davis Bacon Act (standard prevailing wage) (18-2-401 to 18-2-432)
    • Payment of Wages. The Department may investigate and enforce the payment of wages through administrative actions, hearings and Court enforcement. (39-3-201 to 39-3-217)
    • Reciprocal Agreement for Collection of Wages Act. The Department may enforce Montana's wage payment laws through reciprocal enforcement in agreements with other states. (39-3-301 to 39-3-306)

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    • Montana Registered Apprenticeship  (Title 39, Chapter 6)
    • Employee and Community Hazardous Chemical Information Act (Title 50, Chapter 78).
    • Professional Employer Organizations (Title 39, Chapter 8). Employee leasing firms and similar suppliers of labor must be licensed in order to do business.
    • Seats for employees (39-2-201)
    • Women in Employment (Title 39, Chapter 7). State training and child care programs.

    Montana Codes
    United States Codes

    • Closure or Layoff at Government Facility (39-2-1001 to 30-2-1003)
    • Collective Bargaining for Public Employees (Title 39, Chapter 31)
    • Government Code of Fair Practices (Title 49, Chapter 3)
    • Handicapped Person's Public Employment Preference (Title 39, Chapter 30)
    • Indian Employment Preference (2-18-111) for state agencies on reservation.
    • Smoking in Public Places - Montana Clean Indoor Air Act (Title 50, Chapter 40)
    • Veteran's Public Employment Preference (Title 39, Chapter 29)
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