Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.16 - WAGES AND HOURS
Subchapter 24.16.75 - Wage Claims
Rule 24.16.7556 - SPECIAL CIRCUMSTANCES JUSTIFYING MAXIMUM PENALTY
Universal Citation: MT Admin Rules 24.16.7556
Current through Register Vol. 18, September 20, 2024
(1) The following conduct by the employer constitutes special circumstances that justify the imposition of the maximum penalty allowed by law:
(a) the employer fails
to provide information requested by the department and/or does not cooperate in
the department's investigation of the wage claim;
(b) there is substantial credible evidence
that the employer's payroll records are falsified or intentionally
misleading;
(c) the employer has
previously violated similar wage and hour statutes within three years prior to
the date of filing of the wage claim;
(d) the employer has issued an insufficient
funds paycheck; or
(e) the employer
has incorrectly classified a worker as an independent contractor, unless it is
determined by the department that
39-71-417(7)(d),
MCA, applies.
(2) Exceptions may be made in instances where the employee has failed to provide records or information necessary for the employer to make final payroll calculation and issue the final paycheck.
(3) The maximum penalty is mandatory under the above circumstances and may be reduced only upon the written mutual agreement of the parties and the department.
AUTH: 39-3-202, 39-3-403, MCA; IMP: 39-3-206, MCA
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