Montana Homeworkers/ Telecommuting laws & compensation compliance analysis

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 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).
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Last reviewed on July 10, 2017.

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