Although no labor or employment legislation has yet been enacted into law, the Montana Legislature is considering several bills of interest to employers.
Breaks, workers' compensation reform, and other measures
House Bill 359 would require you to provide rest periods of at least 10 minutes after an employee has worked four hours. Under the language of the bill, breaks need to be provided only "whenever feasible, given the reasonable demands of the employer's operation."
Senate Bill 108, which has passed the Senate and gone to the House, would generally revise Montana's workers' compensation laws. The bill would shorten the independent contractor exemption from three years to two years and impose a $200 penalty on uninsured employers that fail to obtain insurance within 30 days after they're notified of the requirement to obtain it. The bill also increases the financial penalties for various late payments and tinkers with some deadlines.
Senate Bill 270 would require sole proprietors and certain working members of partnerships or limited liability companies who apply for independent contractor status to include proof that they have a current liability insurance policy.
House Bill 150, which has been sent to the Senate, would exempt workers providing respite care for aged or disabled people from minimum wage and overtime laws.
We'll keep you posted
There aren't many bills before the Legislature dealing with employment issues this session. We'll continue to monitor the bills as the session progresses.
Please contact Jeanne Mathews Bender at Holland & Hart LLP at 406-252-2166 if you have any questions.
This article first appeared in the M. Lee Smith Montana Employment Law Letter. Reprinted with permission of the publisher. Call 1-800-274-6774 for subscription information.