39-3-208. Contracts in violation of part void. Any contract or agreement made between an employer and an employee the provisions of which violate, evade, or circumvent this part is unlawful and void, but the employee may sue to recover the wages earned, together with the penalty specified in 39-3-206 or separately to recover the penalty if the wages have been paid.
History: En. Sec. 5, Ch. 11, L. 1919; re-en. Sec. 3088, R.C.M. 1921; re-en. Sec. 3088, R.C.M. 1935; R.C.M. 1947, 41-1305; amd. Sec. 12, Ch. 397, L. 1979; amd. Sec. 2, Ch. 490, L. 1991; amd. Sec. 3, Ch. 134, L. 1993.
Structure Montana Code Annotated
Chapter 3. Wages and Wage Protection
39-3-202. Rulemaking power of commissioner
39-3-203. Employer to notify employee on written demand as to rate of wages and date of paydays
39-3-204. Payment of wages generally
39-3-205. Payment of wages when employee separated from employment prior to payday -- exceptions
39-3-206. Penalty for failure to pay wages at times specified in law
39-3-207. Period within which employee may recover wages and penalties
39-3-208. Contracts in violation of part void
39-3-209. Commissioner of labor to investigate violations and institute actions for unpaid wages
39-3-210. Investigative powers of commissioner of labor
39-3-211. Commissioner of labor to take wage assignments
39-3-212. Court enforcement of administrative decision
39-3-213. Disposition of wages
39-3-214. Court costs and attorney fees
39-3-215. Authority of county attorney
39-3-216. Mediation -- hearing
39-3-218. Tip pools allowed -- requirements -- prohibitions -- compulsory charges distinguished