Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.16 - WAGES AND HOURS
Subchapter 24.16.15 - Determinations Under and Interpretations of the Montana Minimum Wage and Overtime Compensation Act
Rule 24.16.1501 - PURPOSE AND SCOPE

Universal Citation: MT Admin Rules 24.16.1501

Current through Register Vol. 6, March 25, 2022

(1) Section 39-3-402 MCA defines the term "wage" to include the "reasonable cost", as determined by the commissioner, to an employer of furnishing any employee with board, lodging, or other facilities, if such board, lodging, or other facilities are customarily furnished by the employer to his employees. Whenever so determined and when applicable and pertinent, the "fair value" of the facilities involved shall be includable as part of "wages". However, the cost of board, lodging, or other facilities shall not be included as part of "wages" if excluded therefrom by a bona fide collective bargaining agreement.

(2) This sub-chapter 15 contains any determinations made as to the "reasonable cost" and "fair value" of board, lodging, or other facilities having general application and describes the procedure whereby determinations having general or particular application may be made. The part also interprets generally the provisions of section 39-3-402 MCA.

(3) Whenever so determined, the cost of board, lodging, or other facilities shall not be included as a part of "wages" if excluded therefrom by a term of employment.

(4) "Term of Employment" means the agreement between the employer and employee as to conditions of employment when no bona fide collective bargaining agreement exists.

(5) The term "reasonable costs" as used in section 39-3-402(7) MCA is hereby determined to be not more than the actual cost to the employer of the board, lodging, or other facilities customarily furnished by him to his employees.

Mont. Admin. R. 24.16.1501

Eff. 12/31/79.

Sec. 39-3-403, MCA; IMP ; 39-3-402, MCA;

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