Table Of Content

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OF MON TANA Accidents, traumatic brain injury -- funding for prevention, education, and services, 2-15-2218, 53-6-501, 53-6-502, 61-3-303. Accounting by employee. Duty, 39-2-407. Return of things, 39-2-408, 39-2-605. Actions. Aliens, restraint of employment when, 39-2-305. Blacklisting of employees, recovery of damages, 39-2-801 to 39-2-803. Lawful product used by employee during nonworking hours, based on, 39-2-313, 39-2-314. Mining companies, negligence of fellow servant, 39-2-704. Nature of employment, from deception as to, 39-2-303. Preferences, enforcement. Disabilities, persons with, 39-30-206, 39-30-207. Veterans, 39- 29-103, 39- 29- 104. Railway corporations, negligence of fellow servant, 39-2-703. Wrongful discharge, 39-2-911, 39-2-914, 39-2-915. Adoption information, disclosure authorized when, 42-6-105. Affirmative action, women. Cooperation between governmental entities, 39-7-103, 39-7-104. Duties of department of labor and industry, 39-7-103. Legislative policy, 39-7-101. Rules of procedure and practice, 39-7-102. Agency, applicability of laws, 71-3-522. Air Pollution Control Advisory Council, representation on, 2-15- 2106. Alcohol consumption. Lawful use by employee during nonworking hours, discrimination prohibited and exceptions, 39-2-313, 39-2-903. Aliens, employment prohibited when, 39-2-305. Applicants for employment. Investigative report on. See CONSUMER REPORTS AND REPORTING AGENCIES. Lie detector tests, prohibited, 39-2-304. Medical examination, payment of cost by employee not to be required, 39-2-301. Nature of employment, deception as to -- prohibited, 39-2-303. Apprenticeship, T39-Ch6. See APPRENTICESHIP AND APPRENTICES. Arbitration. Collective bargaining. See COLLECTIVE BARGAINING. Generally. See ARBITRATION. Public employees, collective bargaining. See PUBLIC EMPLOYEES, COLLECTIVE BARGAINING. Asbestos, occupations related to, T75-Ch2-Pt5. See ASBESTOS-RELATED OCCUPATIONS AND PROJECTS. Assault victims, partner or family member -- protection orders, 40-15-201. Bailees’ services, applicability of laws, 70-6-207. Bartenders, employment of persons under 18 PAPE 39-2-306. Blacklisting, 39-2-801 to 39-2-804. Blindness or low vision, persons with. See BLINDNESS OR LOW VISION, PERSONS WITH. Boot camp incarceration program, 53-30-403. Breastfeeding mothers, public employer policy, 39-2-215 to 39-2-217. Business enterprises, loans to -- participation by private financial institutions, 17-6-317. 2011 MCA ie OPE “4 Ht mh é4 % GENERAL INDEX LABOR AND EMPLOYMENT (Continued) Business loan participation to create jobs, 17-6-318. Care, duty of employee. _. Gratuitous employee, 39-2-401. .. Own*benefit, employee for his, 39-2-403. ~ Reward, employee for, 39-2-402. Skill, degree required, 39-2-406. Substitute, in selection, 39-2-410. Care, duty of employer, 39-2-701. Car pools, exemption from motor carrier regulations, 69-12-102. Child abuse records, confidentiality -- exceptions, 41-3-203, 41-3-205. Child labor. See MINORS. Child support enforcement. Case registry and payment processing, T40-Ch5-Pt9. Crime victims compensation awards -- assignment, execution, attachment, or garnishment when, 53-9-129. Employee debtor rights, protection limited when, 40-5-256. Income deduction. See CHILD SUPPORT ENFORCEMENT. Income withholding. See CHILD SUPPORT ENFORCEMENT. Interstate family support provisions, 40-5-162. Medical support, 40-5-208, 40-5-272, 40-5-277, 40-5-804, 40-5-807, 40-5-809, 40-5-810, _ 40-5-812 to 40-5-814. Nonsupport, civil contempt, 40-5-601. Seek-work orders, 40-5-291. Closures or retrenchment. Governmental facilities, 2-18-1201 to 2-18-1206, 39-2-1001 to 39-2-1004. Plant closures, 75-20-304. Collective bargaining, T39-Chs31 to 33. Generally. See COLLECTIVE BARGAINING. Public employees, collective bargaining. See PUBLIC EMPLOYEES, COLLECTIVE BARGAINING. Commissioner of labor and industry. See LABOR AND INDUSTRY, DEPARTMENT OF. Community service program and volunteer projects, T90-Ch14-Pt1. Compliance with employer’s instructions, 39-2-404, 39-2-701. Conditions of labor, enforcement, 39-1-102. Conditions of work. Deception as to, 39-2-303. Confidential employment, 39-2-103, 39-2-606. Consumer reports, effect. See CONSUMER REPORTS AND REPORTING AGENCIES. Contract of employment, 39-2-101. Adoption, postplacement evaluation period -- supervision, persons for, 42-4-112. Architects on public buildings, 18-2-113. Child support order, assignment of earnings -- effect of payment, 40-5-257. City council, special or additional counsel, 7-4-4605. Collective bargaining regarding. Generally. See COLLECTIVE BARGAINING. Nurses. See NURSING AND NURSES. Public employees. See PUBLIC EMPLOYEES, COLLECTIVE BARGAINING. County assessor, forfeiture of office not applicable when, 7-4-3007. County commissioners, board of. Attorneys, employment, 7-4-2708. 2011 MCA 3 GENERAL INDEX LABOR AND EMPLOYMENT (Continued) Contract of employment, (Continued) County commissioners, board of (Continued) County attorney, for services of county attorney from another county, 7-4-2707. County road superintendent, employment of workers, 7-14-2304. County superintendent of schools, for performance of duties when, 20-3-201. County surveyor, when, 7-4-2801. Court reporters, 3-5-601, 3-5-602, 3-5-901. Death or incapacity of employer, effect, 39-2-502. District court staff, 40-4-306. Electors, influencing improperly, 13-35-215. Employee welfare benefit plan, exceptions, 2-18-1303. “Kmployment” defined by, 39-2-101, 39-51-203, 39-71-401. Estates, nonprobate transfers on death, 72-6-111. Facility finance authority, professional staff or consultants, 90-7-203. Health and safety items, provisions concerning, 50-71-201. Investments, board of -- with, 17-5-1611. Involuntary servitude, subjecting another to -- applicability, 45-5-305. Legislators, rules of conduct, 2-2-111. Liability, provisions restricting or discharging -- void, 39-2-703 to 39-2-705. Master and servant, renewal of hiring, 39-2-603. Nepotism provisions, 2-2-302. Park commissioners, county board of -- discrimination in employment prohibited, 7-16-2326. Political practices, commissioner of -- deputy’s appointment, effectuation, 13-37-111. Public defender system, 2-15-1028, 47-1-103, 47-1-105, 47-1-201, 47-1-202. Public education, board of -- personnel with contracts under authority of, 2-18-1038, 2-18-701. Public employees, 2-2-102, 2-18-601. Regents of higher education, board of -- personnel with contracts under authority of, 2-18-103, 2-18-701. Renewal, 2-2-302, 39-2-603. School district superintendent, 20-4-401. Specific performance unavailable, 27-1-412. Strikebreakers, for -- prohibited, 39-33-2038. Successor employer bound when, 39-2-502. Teachers. | See TEACHERS AND CERTIFIED PERSONNEL. Term of employment, 39-2-602, 39-2-603. Tort claims against governmental entities, attorney’s fee arrangement, 2-9-314. Venue, 25-2-121. Wage provisions. Dismissal for cause, effect, 39-3-102. Successor employer bound when, 39-2-502. Violating contracts to be void, 39-3-208. Water quality district board of directors, legal services, 7-13-4519. Workers’ compensation benefit claims, attorneys’ fee arrangements, 39-71-613. Wrongful discharge. Common-law remedies, preemption, 39-2-913. Exemptions, 39-2-912. Contractors. Contractor registration, construction contractors. See CONTRACTOR REGISTRATION, CONSTRUCTION CONTRACTORS. Contractors. See PUBLIC CONTRACTS. Public contractor’s license tax on gross receipts. See TAXATION, GENERAL PROVISIONS. Corporations, new and expanding -- tax credit limitation, 15-31-126. Correctional facilities. Community corrections facilities and programs, offenders placed in, 53-1-501, 53-30-302, 53-30-3038, 53-30-323, 53-30-326. 2011 MCA GENERAL INDEX 4 LABOR AND EMPLOYMENT (Continued) Correctional facilities (Continued) Private facilities, 53-30-608, 53-30-610. Youth facilities, 52-5-101, 52-5-120, 52-5-121, 53-1-201. Counseling services or activities by employees, applicability of provisions. Addiction counseling, 37-35-201. Professional counseling, 37-23-201. Covenants not to compete, 28-2-703 to 28-2-705. Credit reports used for purposes of, 30-14-1726, 30-14-1734. Crime victims and witnesses. Notification of employer, assistance, 46-24-205. Place of employment of victim, confidentiality when, 44-5-311. Restitution fund, use, 46-18-250. Criminal offenders. Garnishment of compensation as restitution to victim, 46-18-244. Generally. See OFFENDERS, FORMER. Criminal proceedings, release of defendant -- conditions, 46-9-108, 46-9-109, 46-9-301. Custom and usage, conformity of employee, 39-2-405. Damages. Blacklisting of employees, 39-2-802, 39-2-803. Fellow servant, negligence of. Mining employees, 39-2-704. Railroad employees, 39-2-703. Nature of employment, from deception as to, 39-2-303. Day-care facilities, employer’s tax credits or deductions, 15-30-2365, 15-31-1338. Death of. Employee. Coroner, inquiry by, 46-4-122. Surviving employee, responsibility, 39-2-411. Termination of employment, 39-2-501. Employer, 39-2-502. Deceptive practices, 45-6-317. Department of labor and industry. See LABOR AND INDUSTRY, DEPARTMENT OF. Dependent care assistance and referral services, employer’s income tax credits or deductions, 15-30-2373, 15-31-131. Detention center inmates. Annoyance prohibited, 7-32-2247. County jail work program, 7-32-2225 to 7-32-2227, 45-7-306. Temporary release, for, 7-32-2246. Work release program, 46-18-701 to 46-18-705. Development programs. Development projects. See INDUSTRIES AND INDUSTRIAL DEVELOPMENT. Generally. See ECONOMIC DEVELOPMENT. Disabilities, persons with. Community homes for persons with severe disabilities, services for, T53-Ch19-Pt1. Deaf and blind, Montana school for the -- placement by, 20-8-116. Development disabilities, persons with. Abuse records, confidentiality and exceptions, 52-3-813, 52-3-814. Community-based services, 53-20-202. Residential facility residents, 53-20-164. Discriminatory practices. See DISCRIMINATION. Medicaid, eligibility when, 53-6-131, 53-6-195. Minimum wage and overtime compensation exclusions, 39-3-406. Personal assistant services, Medicaid provision, 53-6-145. 2011 MCA 5 GENERAL INDEX LABOR AND EMPLOYMENT (Continued) Disabilities, persons with (Continued) Preference to. Certification of persons, 39-30-103, 39-30-106, 39-30-107. Citation of Montana persons with disabilities employment preference act, 39-30-101. Conflict of laws, 39-30-108. Definitions, 39-30-1083. Discrimination laws, not violation of, 49-2-405, 49-3-103. Duration, 39-30-203. Eligibility, 39-30-202. Enforcement, 39-30-2077. Initial hiring, 39-30-201. Notice and claim, 39-30-206. Purpose of provisions, 39-30-102. Rules, adoption, 39-30-106. Sheltered workshops. Administration of provisions, 53-7-206. Applicability of vocational rehabilitation provisions, 53-7-109. Definitions, 18-5-101, 53-7-202. Eligibility of persons for services, 53-7-205, 53-7-206. Funding, 53-7-203, 53-7-204. Legislative findings, 53-7-201. Minimum wage and overtime compensation exclusions, 39-3-406. Products and services, procurement from, 18-5-101 to 18-5-103. Purchase of services for persons in need, 53-7-203. Purpose of provisions, 53-7-201. Rules, 18-5-102, 53-7-206. Unemployment insurance coverage exclusions, 39-51-204. State policy, 49-4-202. Vocational rehabilitation. Disabilities, persons with, T53-Ch7. See DISABILITIES, PERSONS WITH. Workers’ compensation, T39-Ch71-Pt10. See WORKERS’ COMPENSATION. Discrimination. Employment. See DISCRIMINATION. Government, state and local. See DISCRIMINATION. Displaced homemakers, T39-Ch7-Pt3. See DISPLACED HOMEMAKERS. Disputes. Banks, emergency closure, 32-1-561. Civil disorder, prohibited activities and exceptions, 45-8-107 to 45-8-109. Community service work experience projects not to interfere with or supplant regular workers, 90-14-106. Counties and municipalities, interest on overdue accounts -- exemption, 7-6-4083. Deception of prospective employee regarding, 39-2-303. Emergency powers, use, 10-3-102. Facility siting certification proceedings, waiver of provisions -- applicability, 75-20-304. Firefighters, arbitration, 39-34-101 to 39-34-105. Health care facility receiverships, power of receiver, 50-5-115. Highway patrol officers, no jurisdiction, 44-1-1002. Injunctions, use prohibited when, 27-19-103. Public employees. See PUBLIC EMPLOYEES, COLLECTIVE BARGAINING. School districts, interest on overdue accounts -- exemption, 20-9-227. State agencies, interest on overdue accounts -- exemption, 17-8-244. Unemployment insurance. Benefits, effect, 39-51-2304, 39-51-2305. 2011 MCA GENERAL INDEX LABOR AND EMPLOYMENT (Continued) Disputes (Continued) Unemployment insurance (Continued) Involuntary, 33-1-216. Dissolution of marriage, maintenance orders, 40-4-203. Drugs, dangerous -- offenders, alternative sentencing, 45-9-202. Economic development, policy, 90-1-101. Elder abuse records, confidentiality and exceptions, 52-3-813, 52-3-814. Electricians. Employment agencies, referrals by -- requirements, 37-68-301. Proof of licensure required, 37-68-315. Employee ownership opportunity, policy and services for, 90-5-301 to 90-5-305. Employment agreements, nonapplicability of state procurement provisions, 18-4-123. “Employment” defined, 39-2-101. Employment service, state, 39-51-201. Administration, 39-1-102. Creation and maintenance, 39-51-307. Unemployment insurance benefits -- registration, payment, and eligibility conditions, 39-51-2102 to 39-51-2104. Enforcement of laws, 39-1-102. Environmental Quality Council, consultations with representatives, 75-1-313. Equal employment opportunities. Right to, 49-2-308, 49-3-201 to 49-3-203, 49-4-202. Wages, equal pay for equal work, 39-3-104. Facility siting certification provisions, waiver when, 75-20-304. Fair Practices, Governmental Code of, T49-Ch3. See DISCRIMINATION. Families achieving independence in Montana (FAIM) project, 39-71-118, 39-71-1283, 53-2-111, 53-2-901 to 53-2-903, 53-4-212, 53-4-231, 53-4-255, 53-4-613, T53-Ch4-Pt7. Federal agencies, cooperation with, 39-1-104. Federal law, applicability, 39-1-104, 39-30-108. Fellow servant. Exculpatory contracts void, 39-2-705. Intentional and malicious acts or omissions, liability, 39-71-4183. Liability of, 39-71-413, MT Const Art IT §16. Mining companies, 39-2-704. Railway corporations, 39-2-703. Workers’ compensation uninsured employer, action against -- employer’s defenses, 39-71-509. Fire hazard areas, high -- restrictions on activities, 7-33-2212. Food stamp recipients, employment and training program, 53-2-903. Governmental facility, closure or retrenchment -- requirements, 2-18-1201 to 2-18-1206, 39-2-1001 to 39-2-1004. Gratuitous employee, 39-2-401, 39-2-702. Hazardous chemical information to employees, T50-Ch78. See HAZARDOUS CHEMICALS. Hazardous or deleterious substance, release into workplace, 75-10-701, 75-10-715. Remedial action contractor’s liability, 75-10-718. Hazardous substances, release into workplace -- exclusions, 75-10-602. Hearsay exceptions, statements by employer to employee, T26-Ch10 MRE Rule 801. Heritage and cultural tourism resources, purpose of provisions, 90-1-160. Heritage Preservation and Development Commission and volunteers, relationship, 22-3-1003. Home arrestees, conditions, 46-18-1002, 46-18-1003. Hours of labor, MT Const Art XII §2. Agricultural employment, MT Const Art XII §2. Amusement public or carnivals or circuses, 39-4-112. Bus drivers and attendants, 39-4-102. Cement plants or quarries, 39-4-109. 2011 MCA y GENERAL INDEX LABOR AND EMPLOYMENT (Continued) Hours of labor, (Continued) City employees, 7-3-4418, 7-5-4111, 39-4-102, 39-4-107. County employees, 7-5-2108, 39-4-102, 39-4-107. County jail work program participants, 7-32-2226. County sheriffs department, 7-4-2509, 7-32-2111. Custodians or caretakers, 39-4-107. Domestic servants, 39-2-604. Enforcement, 39-1-102. Engineers, 39-4-107. Firefighters, 7-33-4128, 39-4-107. Hoisting engineers, 39-4-101. Industries, MT Const Art XII §2. Janitors, 39-4-107. Livestock employment, MT Const Art XII §2. Mine workers, 39-4-101, 39-4-103, 39-4-104. Pharmacists, 39-4-105. Police officers, 7-32-4116, 7-32-4118. Public safety department of, 7-32-115. Railroads, 69-14-1101. Restaurants, 39-4-111. Retail stores, 39-4-105. School district employees, 39-4-107. Servants, 39-2-604. Smelter workers, 39-4-103. State employees, 39-4-107. Strip mine workers, 39-4-104. Sugar refineries, 39-4-110. Telephone operators, 39-4-106. Human rights, commission for. See DISCRIMINATION. Identity theft. See IDENTITY THEFT. Impossibilities, employee not required to perform, 39-2-404. Incapacity of. Employee, 39-2-501. Employer, 39-2-502. Income tax information agents, employers as, 15-30-2101. Incumbent worker training program, 53-2-1215 to 53-2-1220. Indemnification of employee, 39-2-701. Infectious waste management, employee training, 75-10-1005. Injuries. See WORKERS’ COMPENSATION. Inspection of workplace, 39-1-103. Institutional employees. See INSTITUTIONS. Insurance. Administrator provisions, exclusion, 33-17-102. Blanket disability, 33-22-601 to 33-22-604. Employer’s liability, 33-1-206. Group disability. See INSURANCE, DISABILITY. Group life. See INSURANCE, LIFE. Health maintenance organization, 33-31-304. Involuntary unemployment, 33-1-206, 33-1-216. Legal services provided by unions or employee associations, nonapplicability of prepaid legal insurance, 33-1-215. Small business health insurance purchasing pool, T33-Ch22-Pt20. Small employer health insurance availability, T33-Ch22-Pt18. 2011 MCA GENERAL INDEX LABOR AND EMPLOYMENT (Continued) Insurance (Continued) Tax credits for providing and exception, 15-30-2367, 15-31-1382, 33-22-2007. Unemployment, T39-Ch51. See UNEMPLOYMENT INSURANCE. Workers’ compensation, T39-Ch71. See WORKERS’ COMPENSATION. Investments, Board of -- representation on, 2-15-1808. Involuntary servitude, subjecting another to, 45-5-305. Job corps program, Montana. Minors, graduated driver’s licensing program -- first year restrictions, 61-5-133. School districts, interlocal agreements with, 20-9-707. Jobs, creating or preserving. Agricultural industry, T90-Ch9. Business and industrial development corporations, information concerning, 32-11-306. Economic development bonds, purpose, 17-5-1502. Forestry activities, community and urban, 77-5-401. High-poverty counties, assistance, 90-1-201, 90-1-202, 90-1-204. Investment program, unified -- general provisions, 17-6-201. Investments, in-state, 17-6-302, 17-6-309, 17-6-311, 17-6-312, 17-6-316 to 17-6-318. Local government empowerment zones, 7-21-3701, 7-21-3710. Reclamation and development grants program projects, 90-2-1113. Treasure state endowment program, 90-6-702, 90-6-710. Truck/train transloading facility, impact, 7-14-120. Job service. State. See within this heading, “Employment service, state.” Job training programs. Development by department of labor and industry, 39-6-101. Discrimination prohibited, 49-3-203. Displaced homemakers, T39-Ch7-Pt3. See DISPLACED HOMEMAKERS. Mental health treatment court program, 46-1-1203. Older Montanans, 52-3-504. State employees, retraining and career development programs, 2-18-1203, 17-7-304. Unemployment insurance, federal programs -- approved training under, 39-51-2602. Vocational rehabilitation, T39-Ch71-Pt10, T53-Ch7. Workers’ compensation, 39-71-118. Work-based learning activities, 39-71-116. Juror, employer-employee relationship grounds for challenge, 25-7-223, 46-16-115. Labor appeals, board of. See LABOR APPEALS, BOARD OF. Labor organizations. Collective bargaining, generally. See COLLECTIVE BARGAINING. Public employees, collective bargaining. See PUBLIC EMPLOYEES, COLLECTIVE BARGAINING. Landlord-tenant provisions, applicability, 70-24-104. Lawful product, employee’s use during nonworking hours -- discrimination prohibited and exceptions, 39-2-313, 39-2-314, 39-2-903. Legal services provided by unions or employee associations, nonapplicability of prepaid legal insurance, 33-1-215. Lie detector tests for employees prohibited, 39-2-304. Local government powers, 7-1-111. Lockouts, 33-1-216, 39-2-303, 39-51-2304, 90-14-106. Married persons, work and labor of, 40-2-207. Master and servant. Abduction of servant from master, action for, 27-1-515. Accounting by servant, 39-2-605. Definition, 39-2-601. 2011 MCA