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Montana Wage and Hour Investigations: What you need to know

Montana's commissioner of labor (or his or her authorized representative) may enter places of employment, question employees, and investigate relevant facts to determine whether an employer has violated the state's wage payment provisions. The commissioner has the authority to administer oaths, examine witnesses, and issue subpoenas to compel witnesses to attend a wage proceeding and to compel an employer to produce pertinent employment records, payrolls, and documents (MT Code Sec. 39-3-210).
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Payment of wages. Violating wage payment provisions is a misdemeanor and is punishable by a fine of up to 110 percent of the unpaid wages (MT Code Sec. 39-3-206). If an employee sues to recover unpaid wages, the court may also award costs reasonably incurred in connection with the lawsuit, including reasonable attorneys’ fees (MT Code Sec. 39-3-214).
Child labor. The labor department has the right at any time to enter a place of business that is subject to the state's child labor provisions and to inspect relevant employment records (MT Code Sec. 41-2-116). A violation is considered a misdemeanor, which is punishable by a fine, imprisonment, or both. Each day a violation continues is considered a separate offense, and the employment of each individual minor in violation of the law is also a separate offense (MT Code Sec. 41-2-118and MT Code Sec. 46-18-212).

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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave

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