State Regulations: Montana

Date Revised: 01/20/2013

Governing Body:   Montana Department of Public Health & Human Services
 
License Required:   Yes
 
License Information:   Administrative Rules: 37.111.5: Youth Camps
 
Criminal Background Checks Required:   No
 
Criminal Background Checks Information:  

Montana Criminal Records
303 N. Roberts
P.O. Box 201403
Helena, MT 59620-1403
(406) 444-3625

Name-based (MT only) check: $10 per record/$11.50 online

Fingerprint-based (WIN or State check): $10

Federal Fingerprint-Based Check: $27.25

Federal Fingerprint-Based Check For Volunteers: $23.25

 
State Allows FBI Checks:   Yes
 
Driving Record Checks:   Available through the Montana Motor Vehicle Division Office website.

$7.25

 
State Sex Offender Registry:   Montana Sex Offender Registry
 
Minimum Wage:  

$7.80per hour

$4.00 per hour (businesses with gross annual sales of $110,000 or less)

 
Coverage and Exemptions:   Covers all employees, except farm workers, unless specifically exempt; Exemptions: employees covered by the FLSA (unless the state minimum wage is higher than the federal rate); students in a distributive education program established under an accredited educational programs; volunteers for nonprofit organizations whether fully or partially reimbursed; certain handicapped workers; apprentices or learners (exempt for up to 30 days); bona fide executives, administrators, or professionals; live-in managers of lodging or personal care facilities
 
Subminimum Wage:   Apprentices and learners may be paid subminimum rates for 30 days if exempted by the Labor Commissioner. Farm workers under age 18 may be paid subminimum rates (of at least 50% of the minimum wage) for 180 days.
 
Minimum Wage Source:   Mont. Code Ann. §§39-3-402, 39-3-404, 39-3-406(1), 39-3-408(2), 39-3-409
 
Overtime Pay Requirements:   1½ times regular rate after 40-hour week; 48-hour week for students working and receiving board, lodging or other facilities at seasonal amusement or recreational areas. Overtime inapplicable to farm workers.
 
Exemptions:   Guides, cooks, camp tenders and livestock handlers for a licensed outfitter; those employees exempt from the state minimum wage; employees covered under Part I of the Interstate Commerce Act
 
Meal/Rest Period Requirments:   No specified state-level meal/rest period requirements. Federal FLSA meal/rest period requirements apply for those covered by Act.
 
Other Wages Source:   Mont. Code Ann. §§39-3-405, 39-3-406, 39-3-408
 
Additional Info:   none
 
* Federal minimum wage rate applies

 

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