Montana Jury Instruction - 1.7.1 Fair Labor Standards Act 29 USC Sect. 201 et seq. General Instruction

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This form contains sample jury instructions, to be used across the United States. These questions are to be used only as a model, and should be altered to more perfectly fit your own cause of action needs.

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FAQ

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.

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Montana Jury Instruction - 1.7.1 Fair Labor Standards Act 29 USC Sect. 201 et seq. General Instruction