Professional Employees
Professional Employees
On April 2, 2010, the Department of Labor and Industry held a public hearing to consider adopting the federal regulations regarding employment of persons in an executive, administrative, or professional capacity.
On May 14, 2010, the adoption of Title 29, Part 541.300 (Subpart D – Professional Employees) of the Code of Federal Regulations became effective.
NOTE: The FLSA Part 541.400 (Subpart E -- Computer Employees) is listed in the attached links to the Code of Federal Regulations. Currently, Montana Code Annotated 39-3-406(1)(j) does not provide for this exemption. New legislation to include an exemption for computer related occupations was introduced and passed in the 2013 legislative session, however, these changes will not become effective until October 1, 2013. To obtain details, see 2013 Montana Wage & Hour Legislative Changes.
For assistance in determining if an employee meets the criteria of a professional exempt employee, an employer will need to consider the timeframe in question and apply the applicable rules and regulations.
- Employment May 13, 2010 and prior, the following are the applicable rules and regulations an employee needs to meet**:
- Rule 24.16.203; and
- Rule 24.16.206.
- Employment May 14, 2010 forward, the following are the applicable rules and regulations an employee needs to meet:
** A business or an employee may fall under federal jurisdiction, and if so, both federal and state regulations need to be taken into consideration and apply the higher standard.
