Administrative Rules of Montana
Department 24 - LABOR AND INDUSTRY
Chapter 24.16 - WAGES AND HOURS
Subchapter 24.16.75 - Wage Claims
Rule 24.16.7561 - PENALTY FOR MINIMUM WAGE AND OVERTIME CLAIMS
Universal Citation: MT Admin Rules 24.16.7561
Current through Register Vol. 18, September 20, 2024
(1) For determinations involving minimum wage and overtime that are filed on or after October 1, 1993, penalties are calculated as follows:
(a) a penalty equal to
110% of the wages determined to be due to the employee will be imposed in all
determinations issued by the department; but
(b) if none of the special circumstances of
ARM 24.16.7556 apply the department
will reduce the penalty to 55% of the wages determined to be due provided the
employer pays the wages found due in the time period specified in the
determination as well as a penalty equal to 55% of that amount.
(2) The penalty calculated according to this rule may be reduced only upon the mutual agreement of the parties and the department.
(3) Claims for minimum wage and overtime filed against employers covered by provisions of the Fair Labor Standards Act will be subject to the penalty provisions of that Act.
39-3-202 and 39-3-403 MCA; IMP, 39-3-206 MCA;
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