Unemployment - Montana

Summary of differences between federal and state regulations

Coverage

The definition of employer in Montana provides a minimum period of time or payroll of $1000 in a year.

Workers are considered employees unless:

• The worker is free from control or direction in the performance of the work under the contract of service and in fact; and
• The individual is customarily engaged in an independent trade, occupation, profession, or business.

Exclusions from the definition of employment include:

• Insurance agents on commission,
• Real estate agents on commission, and
• Casual labor not in the course of employers business.

Students working for schools are excluded from coverage.

State coverage is required for services performed for religious, charitable, or educational nonprofit organizations. Although coverage is required only for those organizations employing four or more workers in 20 weeks, a number of states have provisions that cover smaller nonprofit organizations as well. Montana has expanded coverage provisions beyond federal requirements.

While excluded in most states, the following state and local government service is not excluded from coverage in Montana:

• Legislators and members of Judiciary,
• Members of state National Guard and Air National Guard,
• Temporary emergency employees, and
• Policymaking and advisory positions.

State

Contact

Unemployment Insurance Division

Regulations

Administrative Rules Of Montana, Chapter 11 http://www.mtrules.org/gateway/ChapterHome.asp?chapter=42.11

Federal

Contact

U.S. Department of Labor, Employment and Training Administration

(https://workforcesecurity.doleta.gov/unemploy/uitaxtopic.asp)

Regulations

20 CFR chapter V

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