Contingent Workforce/Independent Contractor Rules - Montana

Montana’s laws on wage and wage payments exclude independent contractors from employee coverage. The Montana Dept. of Labor and Industry has adopted administrative rules to determine a worker’s employment status. A worker may be classified as an independent contractor if they:

• Are free from control or direction of an employer;
• Are engaged in their own independently established business, occupation, trade, or profession; and
• Hold an Independent Contractor Exemption Certificate.

Employee: Any individual employed by an employer. “Employee” includes any person who works for another for hire, except that the term does not include a person who is an independent contractor.