Worker Resources

 

 

Employment Discrimination is Against the Lawhttp://erd.dli.mt.gov/human-rights/human-rights-laws/employment-discriminationEmployment Discrimination is Against the LawThe following practices are unlawful if based on a protected class (age, race, color, national origin, religion, creed, disability, marital status, sex, political belief (in government) or retaliation)
Filing a Complainthttp://erd.dli.mt.gov/human-rights/filing-a-complaint/filing-a-complaintFiling a ComplaintA person who believes that they have experienced illegal discrimination should contact the Montana Human Rights Bureau at (406) 444-4356 or 1-800-542-0807
Guide to Montana's Discrimination Lawshttp://erd.dli.mt.gov/human-rights/human-rights-laws/human-rights-lawsGuide to Montana's Discrimination LawsMontana's discrimination laws can be found in the Montana Human Rights Act (Title 49) and in the Montana Governmental Code of Fair Practices
Legal Rights of Pregnant Employeeshttp://erd.dli.mt.gov/human-rights/human-rights-laws/sex-and-pregnancy-discrimination/legal-rights-of-pregnant-employeesLegal Rights of Pregnant EmployeesIf you are pregnant or have recently had a child and you believe an employer has denied your right to maternity leave or you believe an employer has otherwise discriminated against you, contact the Montana Human Rights Bureau
Rights of Persons with Disabilitieshttp://erd.dli.mt.gov/human-rights/human-rights-laws/rights-of-persons-with-disabilitiesRights of Persons with DisabilitiesThe Montana Human Rights Act and the Americans with Disabilities Act Amendments Act (ADAAA) prohibit discrimination in employment to an applicant or employee because of a physical or mental disability
Sex Discrimination and Sexual Harassmenthttp://erd.dli.mt.gov/human-rights/human-rights-laws/sex-and-pregnancy-discriminationSex Discrimination and Sexual HarassmentSexual harassment is determined on a case-by-case basis. Acts which are offensive to one employee may not be offensive to another. However, in addition to sexual assault, the following acts may constitute sexual harassment
The Human Rights Appeal Processhttp://erd.dli.mt.gov/human-rights/human-rights-commission/appeal-processThe Human Rights Appeal ProcessHow to File an Objection and Brief to Appeal a No Cause Finding

 

 

Child Labor Informationhttp://erd.dli.mt.gov/labor-standards/child-labor-law/child-labor-lawChild Labor InformationThe Montana Child Labor Standards Act establishes the hours minors may work and hazardous occupations in which they may not work – unless specifically exempted
Filing a Wage Claim, Instructions and Formhttp://erd.dli.mt.gov/labor-standards/wage-and-hour-payment-act/filing-a-wage-claimFiling a Wage Claim, Instructions and FormA person who believes they have not been paid all wages due them or did not receive minimum wage or overtime pay may file a wage claim with the Wage & Hour Unit
Montana Military Service Employment Right Act (MMSERA)http://erd.dli.mt.gov/labor-standards/montana-military-service-employment-right-act/mmseraMontana Military Service Employment Right Act (MMSERA)MMSERA provides employment and reemployment protections for those members of the Montana organized militia or federal reserves when they are not covered by the federal “Uniformed Services Employment and Reemployment Rights Act of 1994” (USERRA)
Public Contracts/Prevailing Wage Lawhttp://erd.dli.mt.gov/labor-standards/public-contracts-prevailing-wage-law/public-contracts-prevailing-wage-lawPublic Contracts/Prevailing Wage LawMontana's prevailing wage law, often referred to as Montana's Little Davis-Bacon Law, applies to public works contracts entered into for construction services (heavy, highway and building) or nonconstruction services
Public Sector Collective Bargaininghttp://erd.dli.mt.gov/labor-standards/collective-bargaining/collective-bargainingPublic Sector Collective BargainingThe Collective Bargaining Act for Public Employees is administered by the Board of Personnel Appeals through its agents assigned to the Collective Bargaining Unit. This unit processes unfair labor practice complaints and conducts matters
Wage and Hour Lawshttp://erd.dli.mt.gov/labor-standards/wage-and-hour-payment-act/wage-and-hour-payment-actWage and Hour LawsThe Wage and Hour Unit enforces provisions of the Montana Wage Payment Act, minimum wage and overtime law, Public Contracts / Prevailing Wage Law and the State Child Labor Standards Act

 

 

Introduction to the Montana Safety Culture Acthttp://erd.dli.mt.gov/safety-health/montana-safety-culture-act/montana-safety-culture-actIntroduction to the Montana Safety Culture ActThe Safety Culture Act enacted by the 1993 Montana State Legislature encourages workers and employers to come together to create and implement a workplace safety philosophy
Mine Safety and Healthhttp://erd.dli.mt.gov/safety-health/mine-safety/mine-safetyMine Safety and HealthConsultation services are available for any type of mine in Montana. The Safety Bureau will provide the following services at the employer's request
Report a Workplace Safety Hazardhttp://erd.dli.mt.gov/safety-health/report-a-workplace-safety-hazardReport a Workplace Safety HazardThe following safety concern notification form is for public entity employees only. A Public entity is defined as any state or local government or any department, agency, special purpose district, or other instrumentality of one or more state
SafetyFestMThttp://erd.dli.mt.gov/workersSafetyFestMTThe first SafetyFestMT was held in Helena in March of 2010. It was a huge success. Hundreds of Montana workers from a variety of industries attended. They raved about the classes, speakers and quality of informationhttp://safetyfestmt.com, SafetyFestMT
SafetyWriterhttp://erd.dli.mt.gov/safety-healthSafetyWriterTo save you time, SafetyWriter lets you “click” together a safety plan. Enter your SIC, or click on a dropdown list of safety procedures you want to place in your plan. Click on as many as you’d like to includehttp://www.usfsafetyflorida.com/Our-Online-Applications/SafetyWriter, http://www.usfsafetyflorida.com/Our-Online-Applications/SafetyWriter
The Montana Occupational Safety and Health Acthttp://erd.dli.mt.gov/workersThe Montana Occupational Safety and Health ActChapter 71. Occupational Safety and Healthhttp://leg.mt.gov/bills/mca_toc/50_71.htm, The Montana Occupational Safety and Health Act
Workplace Safety Traininghttp://erd.dli.mt.gov/safety-health/workplace-safety-training/workplace-safety-trainingWorkplace Safety TrainingThe Montana Safety and Health Bureau offers free on-site safety training. Before training begins, we require a walkthrough to observe your work environment. This helps us customize the training to meet your specific needshttp://erd.dli.mt.gov/safety-health/workplace-safety-training, Request Workplace Safety Training

 

 

Dispute Resolution (Mediation)http://erd.dli.mt.gov/work-comp-claims/mediationDispute Resolution (Mediation)Mediation is used to assist an injured worker and the insurer/employer in resolving a dispute concerning benefits under the Workers' Compensation Act. The mediator is a neutral third person who listens to the concerns of both parties and assists
File a Work Comp Claim (FROI)http://erd.dli.mt.gov/work-comp-claims/claims-assistance/file-a-work-comp-claimFile a Work Comp Claim (FROI)Report all on-the-job injuries or occupational diseases to your supervisor, insurer or employer as soon as possible. You must give notice within 30 days after the occurrence of the accident
HIPAA and Release of Workers' Compensation Informationhttp://erd.dli.mt.gov/work-comp-claims/medical-regulations/hipaa-release-of-work-comp-infoHIPAA and Release of Workers' Compensation InformationThe Employment Relations Division of the Department of Labor and Industry released this bulletin effective March 2003
Meals, Lodging and Mileagehttp://erd.dli.mt.gov/work-comp-claims/medical-regulations/meals-lodging-and-mileageMeals, Lodging and MileageSection 39-71-704(1) (d), MCA, directs WC Insurers to reimburse workers for reasonable travel expenses pursuant to rates allowed for state employees. When determining the reimbursement, please refer to 39-71-704(1), MCA and ARM 24.29.1409
Mediation Guide For Claimantshttp://erd.dli.mt.gov/work-comp-claims/mediation/mediation-guide-for-claimantsMediation Guide For ClaimantsMediation is used to assist an injured worker and the insurer/employer in resolving a dispute concerning benefits under the Workers' Compensation Act
Silicosis Programhttp://erd.dli.mt.gov/work-comp-regulations/silicosis-program/silicosis-programSilicosis ProgramThe department administers a program to determine eligibility and pay benefits to those suffering from silicosis
Stay at Work/Return to Work Projecthttp://erd.dli.mt.gov/work-comp-claims/saw-rtw/saw-rtwStay at Work/Return to Work ProjectMinimize avoidable disruption caused by work-related injury or occupational disease and assist the injured worker to return as soon as possible to
Subsequent Injury Fundhttp://erd.dli.mt.gov/work-comp-regulations/subsequent-injury-fund/subsequent-injury-fundSubsequent Injury FundThe department manages the Subsequent Injury Fund, a program designed to assist individuals with disabilities obtain employment
Uninsured Employers' Fundhttp://erd.dli.mt.gov/work-comp-regulations/uninsured-employers-fund/uninsured-employers-fundUninsured Employers' FundThe UEF was created to provide benefits to employees injured on the job while working for an uninsured employer. The purpose is to pay the injured worker the same benefits the worker
Workers' Compensation Benefits Summaryhttp://erd.dli.mt.gov/work-comp-claims/claims-assistance/workers-compensation-benefits-summaryWorkers' Compensation Benefits SummaryThe information in these pamphlets is a summary of the most commonly requested information on workers' compensation wage loss and medical benefits available to covered employees injured on the job. It is not all-inclusive
Workers' Compensation Frequently Asked Questionshttp://erd.dli.mt.gov/work-comp-claims/claims-assistance/faqWorkers' Compensation Frequently Asked QuestionsThe following are frequently asked questions and answers, you may also find answers in the Benefits Summary. Nothing on this website is intended as legal advice