24.16.211 EXECUTIVE, ADMINISTRATIVE, AND PROFESSIONAL EMPLOYEES

(1) In order to ease any disparity between state and federal requirements, and to make it easier for employers and employees to understand the wage and hour provisions applicable to bona-fide executive, administrative, professional employees, and for persons employed in an outside sales capacity, the commissioner finds that it is appropriate that Montana harmonize its treatment of those employees under state wage and hour laws with the federal treatment of those same classes of persons under the Fair Labor Standards Act, 29 USC 201, et seq.

(2) The following federal regulations are adopted by reference:

(a) 29 CFR part 541, subpart A, as in effect on July 1, 2009.

(b) 29 CFR part 541, subpart B, as in effect on July 1, 2009.

(d) 29 CFR part 541, subpart D, as in effect on July 1, 2009.

(e) 29 CFR part 541, subpart F, as in effect on July 1, 2003.

(f) 29 CFR part 541, subpart G, as in effect on July 1, 2009.

(g) 29 CFR part 541, subpart H, as in effect on July 1, 2009.

(3) Copies of the regulations incorporated by reference are available as follows:

(a) A printed copy of the regulations incorporated by reference is available for inspection and purchase at cost from the department and the U.S. Government printing office. The address for the department is: Montana Department of Labor and Industry, Employment Relations Division, Labor Standard Bureau, 1805 Prospect Avenue, P.O. Box 8011, Helena, Montana, 59604. The address of the U.S. Government printing office is: U.S. Government Bookstore, 710 North Capitol Street N.W., Washington, D.C.

(b) An electronic copy of the regulations incorporated by reference is available at http://erd.dli.mt.gov/labor-standards/wage-and-hour-payment-act (Montana Department of Labor and Industry web site).

History: 39-3-403, MCA; IMP, 39-3-401, 39-3-406, 39-3-408, MCA; NEW, 2010 MAR p. 1180, Eff. 5/14/10; AMD, 2018 MAR p. 439, Eff. 2/24/18.