Free Montana Labor and Employment FAQs | Free Montana Labor and Employment Legal Documents

Are Unemployment Benefits Taxable?

Tue, 29 May 2007 21:19:00 GMT

Any unemployment benefits you receive are fully taxable by the federal government if you are required to file a tax return. You may choose to have federal tax withheld when benefits are paid. You make the choice when you file your initial claim or at any time during your claim. The federal tax withheld will be withheld at a rate of 10% of the amount you would have received. You will be sent Form 1099G, by the end of January, which shows unemployment benefits paid to you and any taxes withheld in the previous tax year. The IRS will receive the same information.

As An Experience-Rated Employer, Do I Have To Pay Taxes On All The Wages I Pay To My Employees?

Mon, 04 Jun 2007 21:51:22 GMT

You must report all wages you pay to your employees on your quarterly report, but you only pay taxes on wages you pay each employee up to and including the taxable wage base. The taxable wage base is listed in the upper left hand corner of the quarterly report form and may change from year to year. Any wages you pay an employee over the taxable wage base are considered excess wages.

Can An Employer Cut An Employees Rate Of Pay?

Tue, 29 May 2007 21:19:00 GMT

Reductions in pay are acceptable, but they cannot be made retroactively. The employer needs to give the employee notice and tell them from this day forward this is what the new rate of pay is going to be. Likewise, the law does not require an employer to provide pay raises.

Can An Employer Make Employees Work More Than Their Scheduled Hours?

Tue, 29 May 2007 21:19:00 GMT

An employer may order an employee to work more time than their scheduled hours and may discipline or terminate employment of employees who do not do so.

Can I Be Fired For No Good Reason?

Tue, 29 May 2007 21:19:00 GMT

No. Montana is not an "at will" state. In some instances, the Wrongful Discharge From Employment Act does not apply, but generally, once an employee has completed the established probationary period, the employer needs to have good cause for termination. Individuals who believe they were wrongfully discharged must seek civil compensation through the courts, because there is no state agency that administers the Wrongful Discharge From Employment Act. Persons who believe they were fired as a result of unlawful discrimination, may contact the Human Rights Bureau at 18005420807 or 4064442884 or the U. S. Equal Employment Opportunity Commission at 18006694000.

How Do I File Wage Claim?

Tue, 29 May 2007 21:19:00 GMT

The wage claim form for filing with the Wage and Hour Unit is available at any of the Workforce Centers, or you can download the claim form. Read the information provided with the form, fill it out and return it to the Wage and Hour Unit at the address on the top of the form. Please note that signatures must be notarized for the claim to be processed. Attach any documentation that will help substantiate your claim. You may want to include a detailed letter explaining the details of your claim.

How Soon After Termination Of Employment Must An Employer Pay Wages?

Tue, 29 May 2007 21:19:00 GMT

When an employee is laid off or discharged, all wages are due immediately (within four hours or end of the business day, whichever occurs first), unless the employer has a preexisting, written policy that extends the time for payment in which case, the wages may not be delayed beyond the next payday for the period in which the separation occurred, or 15 calendar days, whichever occurs first. When an employee quits, wages are due on the next scheduled payday for the period in which the employee was separated, or 15 calendar days, whichever occurs first.

Must An Employer Provide Rest Or Meal Breaks?

Tue, 29 May 2007 21:19:00 GMT

There is no state or federal law that requires an employer to give rest or meal breaks. This is a benefit that the employer may choose to provide. However, if a break is offered, the break time is considered as paid time. In the case of meal periods, they are not considered paid time if the meal period is half an hour or longer and the employee is completely relieved from duty.

Please Explain New Hire Reporting.

Mon, 04 Jun 2007 21:51:22 GMT

New Hire Reporting is a program in which an employer reports information on newly hired or rehired employees to the state New Hire Reporting Program within 20 days after the date of hire. The New Hire Reporting Program allows employers to assist in the state's efforts to locate noncustodial parents. Child support staff use the information to collect child support and reduce public assistance costs.

What Will Happen If I Receive An Overpayment Of Benefits?

Mon, 04 Jun 2007 21:51:22 GMT

If you are overpaid benefits, you will be required to repay them. If this is necessary, you can pay this amount back by mailing the money directly to the UI Program. If you have an open claim or will soon open one, the overpaid benefits can be withheld from future benefit payments. Contact the Montana Telephone Center for your area for more information. In some cases, repayment can be waived. Benefits fraudulently received cannot be waived.

What is the minimum wage in Montana?

Tue, 29 May 2007 21:19:00 GMT

The minimum wage is currently $6.90 per hour. A business not covered by the Fair Labor Standards Act whose gross annual sales are $110,000 or less may pay $4.00 per hour. However, if an individual employee of such a business is producing or moving goods between states or is otherwise covered by the Fair Labor Standards Act, that employee must be paid federal minimum wage (currently $5.15 per hour). Employers may not use tips as credit toward wage rates, including minimum wage, to an employee. For information on minimum wage exemptions, call the Department of Labor and Industry at 4064445600.

When Is Overtime Pay Required?

Tue, 29 May 2007 21:19:00 GMT

Most employees are entitled to be paid time and onehalf their regular rate of pay for any time worked over 40 hours in the employer's sevenday workweek. Overtime pay is not required unless an employee actually worked more than 40 hours, so holiday, vacation or sick time does not count towards the 40 hours. There are certain exceptions, however. Agricultural workers are generally exempt from overtime. Executives, administrative, and professionals who are paid on a salary basis are exempt from overtime as are outside sales persons. (Salaried workers who do not meet the definition of executive, administrative, or professional must be paid overtime in addition to their salary.) Please contact Wage and Hour at 4064445600 for more information on the exceptions from overtime.

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