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24.16.211    EXECUTIVE, ADMINISTRATIVE, AND PROFESSIONAL EMPLOYEES

(1) As used in this rule, including in those materials incorporated by reference, the following definitions apply:

(a) "Act" means the minimum wage and overtime laws, as found at Title 39, chapter 3, part 4, MCA.

(b) "Administrator" means the administrator of the employment relations division of the department.

(c) "Commissioner" means the commission of labor and industry.

(d) "Department" means the Department of Labor and Industry.

(2) 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.

(3) 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.

(c) 29 CFR part 541, subpart C, 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.

(4) Section 39-3-406, MCA, does not recognize a minimum wage or overtime exemption for certain computer employees, as described in 29 CFR part 541, subpart E. Accordingly, the references to exemptions for computer employees that are contained in the following rules do not apply in Montana:

(a) 29 CFR 541.600;

(b) 29 CFR 541.702;

(c) 29 CFR 541.705;

(d) 29 CFR 541.708; and

(e) 29 CFR 541.710.

(5) 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 201503, Helena, Montana, 59620-1503. 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 via the internet by following the links at the following web sites:

(i) http://erd.dli.mt.gov/ (Montana Department of Labor and Industry web site); and

(ii) http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=48d6ee3b99d3b3a97b1bf189e1757786&rgn=div5&view=text&node=29:3.1.1.1.22&idno=29#29:3.1.1.1.22.2 (National Archives and Records Administration 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.

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