Montana Employment Agreement
Description
How to fill out Employment Agreement?
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FAQ
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.
What does it mean for Montana not to be an at-will state? Montana is one of the only states whose law allows for employees to have an extra-layer of protection. In other states employers can fire an un-contracted at-will employee at any time and for any legal reason.
Montana - Non-compete clauses are not enforceable except with the sale of a business or the dissolution of a partnership. Montana courts also do not generally uphold non-solicitation clauses.
Rest Periods: Montana is one of the few states in the country that requires rest periods for non-exempt employees. Rest periods are defined as 10-minute breaks for every four hours worked. Therefore, if an employee works an eight-hour shift, they are entitled to two 10-minute rest periods.
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.
Montana does not require employment contracts to be in writing. Oral employment contracts that contain all elements of a legal contract like offer, acceptance, and consideration can be upheld in court if a party can prove the terms of the contract were agreed upon.
Montana Labor Laws Guide Montana Labor Laws FAQMontana minimum wage$9.20 per hourMontana overtime laws1.5 times the rate of regular pay after working 40 hours in a workweek ($13.80 per hour for minimum wage workers)Montana break lawsMeal and rest breaks not required by law
Employees covered by the Fair Labor Standards Act must be paid at least the federal minimum wage but in no case can they be paid less than the wage required by Montana law -- unless the law provides for a specific exemption. The state minimum wage is $8.75 per hour. The federal minimum wage is $7.25 per hour.
