Department of Labor and Industry

Construction Contractor Registration Unit

Labor Standards

Labor Standards Category

Montana Military Service Employment Right Act

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), 38 U.S.C.4301, et seq., or other applicable federal laws.  MMSERA entitles a member to an unpaid leave of absence to perform state active duty.

FEDERALLY FUNDED MILITARY DUTY:

A guard member called up for federally funded military duty, including training performed pursuant to orders issued under Title 10 or 32 of the United States Code and the time period, if any, required pursuant to a licensed physician’s certification to recover from an illness or injury incurred while performing the duty, falls under federal jurisdiction.  If you believe your employment is impacted because of your federally funded military duty, visit the USERRA website at http://www.dol.gov/compliance/laws/comp-userra.htm or contact the Montana Veterans’ Employment and Training Services (VETS) offices at (406) 447-3233 or (406) 447-3239.  

STATE ACTIVE DUTY:

In order to be protected under the MMSERA, an employee must be called up for state active duty, which is defined in §10-1-1003(7) of the Montana Code Annotated (MCA) as:

“(a) ‘State active duty’ means duty performed by a member when a disaster or an emergency has been declared by the proper authority of the state pursuant to Article VI, section 13, of the Montana constitution to include the time period, if any, required pursuant to a licensed physician’s certification to recover from an illness or injury incurred while performing the active duty.
(b) The term does not include federally funded military training.”

MMSERA COMPLAINT:

To file a complaint under the MMSERA, a member must:

1. File within 15 days of the discovery of the employer’s failure to comply with Title 10, Chapter 1 of the MCA.
2. Fill out the complaint form and mail it to:

Montana Department of Labor & Industry
Wage & Hour Unit
PO Box 201503
Helena, MT  59620-1503

For further information or technical assistance, call the Montana Department of Labor’s Wage & Hour Unit at (406) 444-5600.

For information concerning state disasters or emergencies, contact the Montana Department of Emergency Services at (406) 324-4777 or the Montana State Emergency Coordination Center at (406) 324-4790.

Related Links:
Title 10, Chapter 1, Part 10 (MMSERA)
US Dept of Labor Fact Sheet #3 (USERRA)

Debarment

Montana Department of Labor & Industry’s Debarment List

Montana law (18-2-432(2), MCA) states, “Whenever a contractor or subcontractor is found by the commissioner to have aggravatedly or willfully violated the labor standards provisions of this chapter, the contractor or subcontractor or any firm, corporation, partnership, or association in which the contractor or subcontractor has a substantial interest is ineligible, for a period not to exceed 3 years after the date of the final judgment, to receive any public works contracts or subcontracts that are subject to the provisions of this chapter.”

Based on the above statute, the following vendor is debarred to receive any public works contracts or subcontracts that are subject to 18-2-401 et seq., MCA

BUSINESS

ADDRESS

DEBARRED THROUGH

Laramie Bingham

505 North 1500 West
Blackfoot, ID  83221

September 26, 2015

LRB Mechanical, LLC

505 North 1500 West
Blackfoot, ID  83221

September 26, 2015

 

View the State of Montana’s Debarred Vendors list.

View the Federal List of Excluded Vendors.

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