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24.16.7520    PROCEDURE FOR ISSUING WAGE CLAIM DETERMINATIONS REGARDING EMPLOYMENT STATUS OF INDEPENDENT CONTRACTOR

(1) Only disputes regarding the employment status of an individual for wage claim purposes, including whether that individual is acting as an independent contractor, shall be forwarded by the department to the Independent Contractor Central Unit (ICCU) for a decision pursuant to ARM Title 24, chapter 35, subchapters 2 and 3.

(2) The test for determining whether an individual is acting as an independent contractor for wage claim purposes is that found at ARM 24.35.202.

(3) An independent contractor is not an employee, as defined by 39-3-201 and 39-3-402, MCA, and, therefore, is not subject to wage and hour provisions.

History: 39-3-202, 39-3-403, MCA; IMP, 39-3-201, 39-3-402, MCA; NEW, 1996 MAR p. 1668, Eff. 7/1/96; AMD, 2010 MAR p. 1608, Eff. 7/16/10.

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