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['Contingent Workforce']
['Employment Contracts']
04/04/2024
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Summary of differences between federal and state regulations
Federal law generally does not regulate employment contracts between employers and employees with one exception: contracts that require the joining or refraining from joining of a labor union as a condition of employment. On the federal level, these contracts are governed by the National Labor Relations Act. States may have a corresponding provision and may also have additional provisions regarding employment contracts.
Montana law does not have any provisions concerning employment contracts and union membership. It does, however, have the following provisions:
Wage laws
Any contract or agreement made between an employer and an employee which violates the provisions of the Wage and Wage Protections Act (Title 39, Ch. 3, Part 2) is unlawful and void, but the employee may sue to recover wages earned and penalties for violations of the Act. §39-3-208.
Employer liability
An employer can not require an employee to enter into a contract discharging the employer of any liability for personal injuries suffered by the employee in the course of his employment with that employer or for injuries suffered as a result of the employer’s negligence. §39-2-705.
Waiver of benefits
An employee can not enter into an agreement to waive his rights to unemployment compensation benefits or to pay any portion of the employer’s required contributions. §39-51-3102
An employee can not enter into an agreement to waive his rights to workers’ compensation benefits. §39-71-409
Discrimination
No contract of employment may be entered into that is discriminatory in violation of federal and state law. §7-16-2326
State
Contact
Montana Department of Labor and Industry
Regulations
Wage laws
Montana Code Annotated Title 39, §39-3-208.
http://leg.mt.gov/bills/mca/39/3/39-3-208.htm
Employer liability
Montana Code Annotated Title 39, §39-2-705.
http://leg.mt.gov/bills/mca/39/2/39-2-705.htm
Waiver of benefits
Montana Code Annotated Title 39, §39-51-3102
http://leg.mt.gov/bills/mca/39/51/39-51-3102.htm
Montana Code Annotated Title 39, §39-71-409
http://leg.mt.gov/bills/mca/39/71/39-71-409.htm
Discrimination
Montana Code Annotated Title 7, §7-16-2326
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