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Browse our 6 legal questions about Employment & Labor in United States and the lawyer answers, or ask your own questions for free.
Employment and Labor law in Butte, Montana, like the rest of the United States, is governed by a mix of federal and state legislation, as well as judicial decisions. These laws ensure the protection of employees' rights and outline the obligations and responsibilities of employers. They encompass a broad range of issues, such as compensation, discrimination, workplace safety, and employee benefits. It's crucial for both employees and employers to be aware of these laws to maintain a fair and legal workplace.
If you're facing issues concerning wages, wrongful termination, harassment at the workplace, discrimination, or breach of employment contracts, you may require the assistance of an employment lawyer. Additionally, if you're an employer needing advice on labor regulations, forming employment policies, or dealing with workers' compensation claims, a skilled labor lawyer can provide valuable guidance.
Montana is unique in that it is the only state to deviate from the "at-will" employment paradigm prevalent across the United States. The Wrongful Discharge from Employment Act (WDEA) provides particular protections to employees who have completed their probationary period. Under Montana law, employers must also adhere to the state's anti-discrimination laws, which encompass additional protected classes than those at the federal level. Minimum wage, overtime pay, and teen labor laws in Montana may also differ slightly from federal regulations.
Unlike other states, Montana is not an "at-will" employment state. Once an employee passes their probationary period, the employer cannot terminate them without a "good cause."
"Good cause" typically refers to a reasonable and lawful ground for employment termination such as misconduct, inability to perform tasks despite reasonable accommodation, repeated absenteeism, or habitual tardiness without good reason.
Under the Age Discrimination Act, employers cannot refuse to hire, fire, or discriminate in terms of employment conditions based on an individual's age if the person is at least 40 years old.
As of 2021, the minimum wage in Montana is $8.75 per hour, higher than the federal minimum wage.
Except in specific situations such as court-ordered deductions, an employer cannot make deductions from an employee's wages without their prior written consent.
You may find assistance and resources from the Montana Department of Labor & Industry for more information about employment and labor laws. Online platforms such as the American Bar Association and Montana Legal Services Association also provide resources and legal help in this area.
If you require legal assistance, it is advisable to consult with an experienced employment and labor attorney. They can assess your situation, explain your rights and options, and guide you on the best course of action. Look for lawyers specializing in employment and labor law in Butte, verify their credentials and experience, and arrange a consultation. Remember that taking action early can often be beneficial in legal matters.
