Montana Jury Instruction — 1.7.1 Fair Labor Standards Act 29 USC Sect. 201 et seq. General Instruction is a crucial part of the legal framework in Montana that provides detailed guidelines regarding the Fair Labor Standards Act (FLEA). This instruction serves as a vital resource for both the prosecution and defense to understand the provisions and regulations related to FLEA cases. It ensures that both parties have a clear understanding of the law, helping them present their arguments effectively in court. The Fair Labor Standards Act (FLEA) is a federal labor law in the United States that establishes the standards for minimal wage, overtime pay, and child labor. Under the FLEA, non-exempt employees are entitled to a minimum wage and overtime pay of one and a half times their regular rate for hours worked beyond 40 in a workweek. It also outlines regulations for child labor, determining the age requirements and permissible job tasks for young workers. The Montana Jury Instruction — 1.7.1 Fair Labor Standards Act 29 USC Sect. 201 et seq. General Instruction covers various aspects of the FLEA, providing guidance on how to interpret and apply the law. It may encompass different types of instructions, such as: 1. Minimum Wage: This instruction clarifies the minimum wage requirements outlined in the FLEA. It explains the minimum wage rate, exemptions, and any exceptions that may apply in specific circumstances. 2. Overtime Pay: This instruction addresses the regulations related to overtime pay as per the FLEA. It outlines the criteria for determining eligibility for overtime, calculating the overtime rate, and any exceptions that may apply. 3. Child Labor: This instruction focuses on the provisions of the FLEA pertaining to child labor. It explains the age restrictions, permitted work hours, prohibited job tasks, and any exceptions or exemptions for certain industries. 4. Record-Keeping: This instruction educates the jury about the record-keeping requirements established by the FLEA. It emphasizes the importance of accurate and comprehensive employee records, including hours worked, wages paid, and other relevant information. 5. Enforcement and Remedies: This instruction details the enforcement mechanisms and available remedies for violations of the FLEA. It explains the role of the Department of Labor and the legal actions that can be taken by both employees and employers in case of non-compliance. 6. Defenses and Exemptions: This instruction outlines any defenses or exemptions provided under the FLEA. It assists the jury in comprehending circumstances where an employer might be exempt from certain FLEA provisions or have a valid defense for alleged violations. It's important to note that the specifics of the Montana Jury Instruction — 1.7.1 Fair Labor Standards Act 29 USC Sect. 201 et seq. General Instruction may vary depending on the particular case and the instructions given by the presiding judge. Legal professionals and jurors involved in FLEA cases should consult this instruction in order to gain a comprehensive understanding of the law, ensuring fair and accurate application throughout the legal proceedings.
Montana Jury Instruction - 1.7.1 Fair Labor Standards Act 29 USC Sect. 201 et seq. General Instruction
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Fair Labor Standards Act of 1938 (FLSA) (29 U.S.C., Chapter 8). Abstract/Citation: Concerns labour standards including those in respect of minimum wage, hours of work, child labour, etc. Section 6(d) was added by the Equal Pay Act of 1963, approved June 10, 1963, effective June 11, 1964.
Wrongful termination from employment in Montana can arise under several circumstances. First, an employee terminated from his employment because of being a part of a protected class, or reporting discriminatory conduct, is entitled to recovery under both state and federal law.
If you have an employment contract for a particular term or length of time, or a contract stating that ?good cause? is needed to fire you, you can sue for breach of contract if you were fired for reasons that were petty, trivial, unfair, untrue, or fabricated.
The state of Montana has no law regulating meal breaks or rest periods. The state only requires paying the employee for time they work during a break.
No. Montana is not an ?at will? state. In some instances, the Wrongful Discharge From Employment Act does not apply, but generally, once an employee has completed the established probationary period, the employer needs to have good cause for termination.
Montana law prohibits an employer from discriminating and retaliating against employees in a variety of protected classes. Employers must also provide equal pay and protect whistleblowers. See EEO, Diversity and Employee Relations. Montana permits preemployment credit checks and limits drug and alcohol testing.
201. Establishes minimum wage, overtime pay, and record keeping requirements affecting Federal Government contract employees.
If an employee is laid off, or discharged, all wages are due immediately unless the employer has a pre-existing, written personnel policy that extends the time for payment. The wages cannot be delayed beyond the next pay day for the period in which the separation occurred, or 15 days, whichever occurs first.