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Montana Homeworkers/ Telecommuting: What you need to know

The Montana Department of Revenue may consider that having business activities, including an employee performing work via telecommuting with or without a home office, establishes a presence by the employer in the state. It asks employers to fill out a nexus questionnaire, available at http://revenue.mt.gov to assist the Department of Revenue in determining whether a company's activities in the state of Montana are sufficient to require the payment of state income tax. For more information, call the Department's Business Tax and Valuation Section at 866-859-2254.
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It is the policy of the state of Montana to encourage agencies to allow designated employees to telecommute. The Montana Department of Administration's Human Resources Division telework policy has uniform standards for employees of the state executive branch, with the exception of employees of state universities and those elected officials and appointed staff.
The policy applies only where it does not conflict with current collective bargaining agreements. The revised policy does support reasonable accommodation under the Americans with Disabilities Act.
Persons with disabilities who work from home in jobs not considered competitive employment or who are part of a training or other program are exempt from Montana minimum wage and overtime laws. Businesses that employ homeworkers with disabilities at wages under the state minimum wage must obtain a certificate from the Department of Labor and Industry (MT Code Sec. 39-3-406).
For more information, go to http://erd.dli.mt.gov.

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HR Essentials Kit: Homeworkers / Telecommuters
Telecommuting allows employees to work part or all of their standard workweek from a remote location, seamlessly “commuting” by e-mail, cellular phones, and fax machines. What does it mean to you the employer? "
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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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