Montana Hiring laws & compensation compliance analysis

Montana Hiring: What you need to know

Under the Montana Human Rights Act, employers may not make inquiries of or impose qualifications on prospective employees because of race, creed, religion, color, sex, physical or mental disability, age, national origin, or marital status, unless the reasonable demands of the job in question require a distinction based on age, disability, marital status, or sex. The law applies to all employers in the state (MT Code Sec. 49-2-101 et seq.).
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The New Hire Reporting Program requires that all employers doing business in the state report the hiring of any person to perform work and receive earnings in Montana (MT Code Sec. 40-5-922). Employers must also report the rehire of any employee who was previously laid off, furloughed, terminated, or placed on leave without pay. Reports must be made within 20 days of the hire or rehire. Failure to report as required can result in the assessment of fines against the employer.
All employers operating in Montana should report new hires. However, some payroll processing services automatically report additions to the employer's payroll as they are processed. Employers that use a payroll processing service should check to see if it is automatically reporting new hires.
Multistate employers. Pursuant to federal regulations governing the nationwide new-hire-reporting registry, multistate employers are permitted to designate one state for the reporting of new hires provided that reports are filed electronically in accordance with the designated state's guidelines for electronic filing. Employers choosing to exercise this option must notify the federal Department of Health and Human Services which state will receive the ...

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