Montana Code Annotated
Title 39. Labor
Chapter 2. The Employment Relationship

39-2-104. Mandatory leave of absence for employees holding public office - 39-2-104. Mandatory leave of absence for employees holding public office....

Part 2. General Obligations of Employers

39-2-201. Seats for employees - 39-2-201. Seats for employees. (1) Every employer in any manufacturing,...

39-2-202. through 39-2-204 reserved - 39-2-202 through 39-2-204 reserved.

39-2-205. Short title - 39-2-205. Short title. Sections 39-2-205 through 39-2-211 may be cited...

39-2-206. Definitions - 39-2-206. Definitions. As used in 39-2-205 through 39-2-211, the following...

39-2-207. Qualified testing program - 39-2-207. Qualified testing program. A qualified testing program must comply...

39-2-208. Qualified testing program -- allowable types -- procedures - 39-2-208. Qualified testing program -- allowable types -- procedures. Each...

39-2-209. Employee's right of rebuttal - 39-2-209. Employee's right of rebuttal. The employer shall provide an...

39-2-210. Limitation on adverse action - 39-2-210. Limitation on adverse action. Except as provided in 16-12-108,...

39-2-211. Confidentiality of results - 39-2-211. Confidentiality of results. (1) Except as provided in subsection...

39-2-212. through 39-2-214 reserved - 39-2-212 through 39-2-214 reserved.

39-2-215. Public employer policy on support of women and breastfeeding -- unlawful discrimination - 39-2-215. Public employer policy on support of women and breastfeeding...

39-2-216. Private place for nursing mothers - 39-2-216. Private place for nursing mothers. (1) All state and...

39-2-217. Break time for nursing mothers - 39-2-217. Break time for nursing mothers. All state and county...

Part 3. General Prohibitions on Employers

39-2-301. Unlawful for employer to require employee to pay cost of medical examination as condition of employment - 39-2-301. Unlawful for employer to require employee to pay cost...

39-2-302. Discharge or layoff of employee because of attachment or garnishment prohibited - 39-2-302. Discharge or layoff of employee because of attachment or...

39-2-303. Deception as to character of employment, conditions of work, or existence of labor dispute prohibited - 39-2-303. Deception as to character of employment, conditions of work,...

39-2-304. Lie detector tests prohibited - 39-2-304. Lie detector tests prohibited. A person, firm, corporation, or...

39-2-305. Employment of aliens not lawfully authorized to accept employment prohibited - 39-2-305. Employment of aliens not lawfully authorized to accept employment...

39-2-306. Employment of persons under 18 years of age as bartenders prohibited - 39-2-306. Employment of persons under 18 years of age as...

39-2-307. Employer access limited regarding personal social media account of employee or job applicant -- conditions for exceptions -- employer retaliation prohibited -- penalties - 39-2-307. Employer access limited regarding personal social media account of...

39-2-308. through 39-2-312 reserved - 39-2-308 through 39-2-312 reserved.

39-2-313. Discrimination prohibited for use of lawful product during nonworking hours -- exceptions - 39-2-313. Discrimination prohibited for use of lawful product during nonworking...

39-2-314. Civil action limitation - 39-2-314. Civil action limitation. (1) Except as provided in subsection...

Part 4. General Obligations of Employees

39-2-401. Duties of gratuitous employee - 39-2-401. Duties of gratuitous employee. (1) One who without consideration...

39-2-402. Duties of employee for reward - 39-2-402. Duties of employee for reward. One who for a...

39-2-403. Duties of employee for own benefit - 39-2-403. Duties of employee for own benefit. One who is...

39-2-404. Employee shall obey employer - 39-2-404. Employee shall obey employer. An employee shall substantially comply...

39-2-405. Employee shall conform to usage - 39-2-405. Employee shall conform to usage. An employee shall perform...

39-2-406. Degree of skill required - 39-2-406. Degree of skill required. (1) An employee is bound...

39-2-407. Duty to account - 39-2-407. Duty to account. An employee shall, on demand, render...

39-2-408. Duty of employee regarding items received on account of employer - 39-2-408. Duty of employee regarding items received on account of...

39-2-409. Preference to be given to employer's business - 39-2-409. Preference to be given to employer's business. An employee...

39-2-410. Responsibility of employee for substitute - 39-2-410. Responsibility of employee for substitute. An employee who is...

39-2-411. Surviving employee - 39-2-411. Surviving employee. When service is to be rendered by...

Part 5. Termination of Employment

39-2-501. Termination of employment generally - 39-2-501. Termination of employment generally. An employment is terminated by:...

39-2-502. Termination by death or incapacity of employer - 39-2-502. Termination by death or incapacity of employer. (1) An...

39-2-503. Repealed - 39-2-503. Repealed. Sec. 4, Ch. 583, L. 2001. History: En....

39-2-504. Repealed - 39-2-504. Repealed. Sec. 10, Ch. 641, L. 1987. History: En....

39-2-505. Repealed - 39-2-505. Repealed. Sec. 10, Ch. 641, L. 1987. History: En....

Part 6. Master and Servant

39-2-601. Servant defined - 39-2-601. Servant defined. A servant is one who is employed...

39-2-602. Term of hiring - 39-2-602. Term of hiring. (1) A servant is presumed to...

39-2-603. Renewal of hiring - 39-2-603. Renewal of hiring. Where, after the expiration of an...

39-2-604. Time of service - 39-2-604. Time of service. The entire time of a domestic...

39-2-605. Servant to pay over without demand - 39-2-605. Servant to pay over without demand. A servant shall...

39-2-606. When servant may be discharged - 39-2-606. When servant may be discharged. A master may discharge...

Part 7. General Liability Arising From Employment Relationship

39-2-701. Indemnification of employee - 39-2-701. Indemnification of employee. (1) An employer shall indemnify an...

39-2-702. Liability of employee for negligence - 39-2-702. Liability of employee for negligence. An employee who is...

39-2-703. Repealed - 39-2-703. Repealed. Sec. 7, Ch. 117, L. 2021. History: (1),...

39-2-704. Repealed - 39-2-704. Repealed. Sec. 7, Ch. 117, L. 2021. History: En....

39-2-705. Contract discharging employer liability for negligence void - 39-2-705. Contract discharging employer liability for negligence void. Any contract...

39-2-706. through 39-2-709 reserved - 39-2-706 through 39-2-709 reserved.

39-2-710. Legal protections in relation to employing individuals with criminal records - 39-2-710. Legal protections in relation to employing individuals with criminal...

Part 8. Blacklisting and Protection of Discharged Employees

39-2-801. Employee to be furnished on demand with reason for discharge - 39-2-801. Employee to be furnished on demand with reason for...

39-2-802. Protection of discharged employees - 39-2-802. Protection of discharged employees. If a person, after having...

39-2-803. Blacklisting prohibited - 39-2-803. Blacklisting prohibited. If a company or corporation in this...

39-2-804. Violation of part a misdemeanor - 39-2-804. Violation of part a misdemeanor. Every person who violates...

Part 9. Wrongful Discharge From Employment

39-2-901. Short title - 39-2-901. Short title. This part may be cited as the...

39-2-902. Purpose - 39-2-902. Purpose. This part sets forth certain rights and remedies...

39-2-903. Definitions - 39-2-903. Definitions. In this part, the following definitions apply: (1)...

39-2-904. Elements of wrongful discharge - 39-2-904. Elements of wrongful discharge. (1) A discharge is wrongful...

39-2-905. Remedies - 39-2-905. Remedies. (1) If an employer has committed a wrongful...

39-2-906. through 39-2-909 reserved - 39-2-906 through 39-2-909 reserved.

39-2-910. Probationary period - 39-2-910. Probationary period. (1) If an employer does not establish...

39-2-911. Limitation of actions - 39-2-911. Limitation of actions. (1) An action under this part...

39-2-912. Exemptions - 39-2-912. Exemptions. (1) This part does not apply to a...

39-2-913. Preemption of common-law remedies - 39-2-913. Preemption of common-law remedies. Except as provided in this...

39-2-914. Arbitration - 39-2-914. Arbitration. (1) A party may make a written offer...

39-2-915. Effect of rejection of offer to arbitrate - 39-2-915. Effect of rejection of offer to arbitrate. A party...

Part 10. Closure of or Layoff at Governmental Facility

39-2-1001. Purpose - 39-2-1001. Purpose. The purpose of this part is to require...

39-2-1002. Definitions - 39-2-1002. Definitions. As used in this part, the following definitions...

39-2-1003. Requirements for closure or retrenchment - 39-2-1003. Requirements for closure or retrenchment. Upon making a decision...

39-2-1004. Adoption of rules - 39-2-1004. Adoption of rules. The department shall adopt rules to...

Part 15. Microchip Implantation

39-2-1501. Definitions - 39-2-1501. Definitions. As used in this part, the following definitions...

39-2-1502. Employer requirement of microchip implantation prohibited -- use with consent authorized - 39-2-1502. Employer requirement of microchip implantation prohibited -- use with...

39-2-1503. Government requirement of microchip prohibited - 39-2-1503. Government requirement of microchip prohibited. A state agency or...

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Montana Code Annotated Title 39. Labor Chapter 2. The Employment Relationship

Montana Code Annotated
Title 39. Labor
Chapter 2. The Employment Relationship