Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.16 - WAGES AND HOURS
Subchapter 24.16.30 - Reserved
Rule 24.16.3004 - STATUS OF CERTAIN PERSONAL ASSISTANTS
Universal Citation: MT Admin Rules 24.16.3004
Current through Register Vol. 18, September 20, 2024
(1) For the purposes of wage and hour laws, a person with a disability receiving services of a personal assistant or an immediately involved representative of the disabled person, such as a parent or guardian, is not the employer of the personal assistant despite controlling the selection, management, and supervision of the personal assistant if:
(a) the personal assistant is providing
services to the disabled person pursuant to
53-6-145, MCA, and rules adopted
by the department of public health and human services implementing that
statute; and
(b) the personal
assistant is the employee of another person or entity that exercises an
employer's control over the personal assistant, including employee discipline
and termination.
AUTH: 53-6-145, MCA; IMP: 53-6-145, MCA
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