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Labor law, also referred to as employment law, deals with the rights, obligations, and responsibilities within the employer-employee relationship, which includes not only contractual terms but also rights conferred and obligations imposed by law. In Helena, and the United States in general, labor law refers to federal and state legal standards that cover workers' right to organize, prohibit discrimination, establish workplace safety standards, and set rules for wage and hour disputes among other features.
Individuals might require legal assistance in labor law for various reasons. Some may need a lawyer when they believe they've been wrongfully terminated, discriminated against, or harassed at the workplace. Others may seek legal advice if they are not receiving the minimum wage, proper overtime pay, or fair benefits. Employers may also need a labor law lawyer to ensure compliance with all federal and state laws, avoid potential litigation, resolve employee disputes, or to represent them in court against employee claims.
Helena, like the rest of Montana, is governed by both federal and state labor laws. One important state-specific law is the "Wrongful Discharge From Employment Act", unique to Montana, which provides specific protections for workers after a probationary period of employment. Additionally, Helena is governed by the Montana Human Rights Act, which protects individuals from discrimination in employment based on their race, color, religion, sex, age, and more. Wage and hour laws, such as the Montana Minimum Wage and Overtime Law, also apply.
In Montana, the Wrongful Discharge From Employment Act protects employees from wrongful termination if they have completed an initial probationary period of the job. If you believe you've been wrongfully terminated, you can file a claim or seek legal advice.
The current minimum wage in Montana is adjusted annually for inflation and as of 2021, it stands at $8.75 per hour. Employees who are not exempt from the Fair Labor Standards Act must be paid at least this rate.
Under no circumstances. Both federal and state laws prohibit discrimination, including the Montana Human Rights Act and the federal Civil Rights Act, among others.
Claims for unpaid wages can be filed with the Montana Department of Labor and Industry.
A labor law attorney can represent you in labor disputes, guide you through the employment law landscape, protect your rights, and help you recover damages
If you need legal advice on labor law in Helena, the following resources can help: Montana Department of Labor and Industry, U.S. Department of Labor, Montana Legal Services Association, and the State Bar of Montana Lawyer Referral and Information Service.
If you need to take legal action or need legal advice, the first step should be to contact a lawyer who specializes in labor law. They can discuss your issue with you, inform you of your rights, and help you determine the best course of action. It's recommended to prepare all relevant documentation prior to this meeting.
