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24.16.502    COVERAGE NOT DEPENDENT ON METHOD OF COMPENSATION

The law's coverage is not limited to employees working on an hourly wage. The requirement of section 39-3-404 MCA as to minimum wages on and after July 1, 1976, is that "each" employee must be paid wages at a rate not less than $2.00 an hour. This does not mean that employees cannot be paid on a piecework basis or on a salary, commission, or other basis; it merely means that whatever the basis on which the workers are paid, whether it be monthly, weekly, or on a piecework basis, they must receive at least the equivalent of the minimum hourly rate. "Each" and "any" employee obviously and necessarily includes one compensated by a unit of time, by the piece, or by any other measurement. Regulations prescribed by the administrator provide for the keeping of records in such form as to enable compensation on a piecework or other basis to be translated into an hourly rate.

History: Sec. 39-3-403, MCA; IMP, Sec. 39-3-404, MCA; Eff. 12/31/72.

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