Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.16 - WAGES AND HOURS
Subchapter 24.16.25 - Overtime Compensation
Rule 24.16.2525 - OTHER SIMILAR PAYMENTS
Current through Register Vol. 24, December 22, 2023
(1) General. The preceding sections have enumerated and discussed the basic types of payments for which exclusion from the regular rate is specifically provided because they are not made as compensation for hours of work. Also excluded from the regular rate are "other similar payments to an employee which are not made as compensation for his hours of employment". Since a variety of miscellaneous payments are paid by an employer to an employee under peculiar circumstances, it was not considered feasible to attempt to list them. They must, however, be "similar" in character to the payments specifically described in this part. It is clear that the clause was not intended to permit the exclusion from the regular rate of facilities like board and lodging which, though not directly attributable to any particular hours of work are, nevertheless, clearly understood to be compensation for services.
(2) Examples of other excludable payments. A few examples may serve to illustrate some of the types of payments intended to be excluded as "other similar payments":
Eff. 12/31/72.
Sec. 39-3-403, MCA; IMP, Sec. 39-3-405, MCA;