Montana
Department of Labor and Industry
Program Descriptions and Authorities
Agency Description - The Department of Labor and Industry serves as an employment agency, collects and disburses state unemployment trust funds, compiles and distributes employment statistics, provides training and technical assistance, disseminates labor market information, and oversees federal and state training and apprenticeship programs. The department enforces federal and state labor standards laws, state wage and hour laws, contractor registration, provides adjudicative services in labor and benefit claims disputes, enforces state and federal anti-discrimination laws, performs workers' compensation and safety regulatory duties, and coordinates wide-ranging community service and volunteer efforts statewide.
Statutory Authority - The Fiscal Support, Information Services, and Personnel and Training bureaus operate under state mandates, primarily Title 2, Chapters 15, and 18, MCA, and Title 17, MCA, the state finance laws. Hearings and Legal Services, Workers' Compensation Court, Employment Relations, Unemployment Insurance, and Job Service operate under a number of state and federal laws and regulations. State mandates primarily include Titles 18, 39, 49, and 50, MCA; and Montana state labor, health, and safety laws. Federal mandates include federal labor, health, and safety laws. Commission on Community Services operates under state Title 90, MCA, and the federal Corporation for National Service.
Commissioner's Office and Centralized Services Division
Program Description: Provides program direction and legal, administrative, and support services to the department in accordance with Title 2, Chapters 15 and 18, MCA and Title 17, MCA; the hearing and legal services operate under a number of state mandates, primarily Titles 39, 49, and 50, MCA, as well as federal laws and regulations. The Board of Labor Appeals is administratively attached and hears appeals concerning the administration of Montana unemployment insurance laws and employer/employee relationships.
Authorities:
Federal
| 40 USC Sec. 276a, et seq. | Federal Davis-Bacon Act |
| 40 USC Sec. 351, et seq. | Service Contract Act |
| 29 USC Sec. 201, et seq. | Fair Labor Standards Act |
| 29 USC Sec. 259, et seq. | Portal to Portal Act |
| 29 USC Sec. 1001, et seq. | Employee Retirement Income Security Act (ERISA) |
| 11 USC Sec. 1001, et seq. | Federal Bankruptcy Code |
| 29 USC Sec. 151, et seq. | National Labor Relations Act |
| 29 USC Sec. 141, et seq. | Labor Management Relations Act; Federal EEO Acts; Civil Rights Act; and Federal Unemployment Insurance |
| 29 USC Sec. 49, et seq. | Wagner-Peyser Act (Federal Employment Service) |
| 42 USC SS 2000e-5(b) | Title VII, Civil Rights Act Of 1964, as amended |
| 42 USC SS 3610(f) and 3616 | Federal Fair Housing Act |
State
| 2-4-101, MCA | Montana Administrative Procedures Act |
| 2-15-104, MCA | Structure of the Executive Branch |
| 2-15-112, MCA | Duties and Powers of Department Heads |
| 2-15-121, MCA | Allocation of Administrative Purposes |
| 2-18, MCA | State Employee Classification; Payroll; Travel, Meals, and Lodging |
| 17-1-102, MCA | Uniform Accounting System and Expenditure Control |
| 17-7, MCA | Budgeting and Appropriations |
| 17-8, MCA | Disbursement and Expenditure |
| 18-2-401, MCA | Montana's Little Davis-Bacon Act |
| Title 39, MCA | Montana's Labor Laws |
| 39-2-101, MCA | Employment and Labor Laws |
| 39-3-101, MCA | Wage and Hour Laws |
| 39-3-401, MCA | Minimum Wage and Overtime Compensation |
| 39-3-701, MCA | Contractor Bonding Act |
| 39-6-601, MCA | Apprenticeship |
| 39-7-101, MCA | Displaced Homemakers Act |
| 39-8-101, MCA | Professional Employer Organizations Act |
| 39-9-101, MCA | Contractor Registration Act |
| 39-31-101, MCA | Collective Bargaining for Public Employees |
| 39-51-101, MCA | Unemployment Insurance Laws |
| 39-71-101, MCA | Workers' Compensation Act |
| 39-72-101, MCA | Occupational Disease Act |
| 49-2, MCA | Montana Human Rights Act |
| 49-3, MCA | Government Code Of Fair Practices |
| 50-71-101, | MCA Montana Safety Act |
| 50-72-101, | MCA Metallic/Nonmetallic Safety Law |
| 50-73-101, | MCA Montana Coal Mining Code |
Centralized Services Goals and Objectives
Employment Relations Division
Program Description: Regulates workers' compensation insurance requirements, administers the Contractor Registration and Independent Contractor Exemption functions, assists with settlements of disputed workers' compensation claims, enforces state and federal labor laws related to payment of wages, conducts mediation of collective bargaining contracts, hears disputes regarding both labor relations and wage and hour issues, enforces state and federal industrial safety laws, impartially investigates and resolves complaints of illegal discrimination in accordance with state Titles 18, 27, and 50, MCA.
Authorities:
| 9-1-102, MCA | Department Authority |
| 2-15-1705 and 39-31-101 through 409, MCA | Board of Personnel Appeals |
| 2-15-1706, MCA | Human Rights Commission |
| 18-2-402, MCA | Prevailing Wage Rate Law |
| 39-1-102, MCA | Department Authority |
| 39-3-201 to 306, MCA | Wage Payment and Collection Act |
| 39-3-401 to 409, MCA | Minimum Wage and Overtime Compensation |
| 39-8-101 to 403, MCA | Professional Employer Organizations |
| 39-9-101 to 39-9-401, MCA | Contractor Registration |
| 39-31-101 to 39-34-106, MCA | Collective Bargaining Act for Public Employees |
| 39-71-101 to 2914, MCA | Workers' Compensation Act |
| 39-71-203, MCA | Department Authority |
| 39-71-501 to 519, MCA | Uninsured Employers Fund |
| 39-71-901 to 913, MCA | Subsequent Injury Fund |
| 39-71-1501, MCA | Montana Safety Culture Act |
| 39-72-101 to 714, MCA | Occupational Disease Act |
| 39-73-101 to 111, MCA | Silicosis Program |
| 41-2-102 to 118, MCA | Child Labor Standards |
| 49-2-101 to 602, MCA | Montana Human Rights Act |
| 49-3-101 to 315, MCA | Government Code of Fair Practices |
| 50-71-101, MCA | Montana Safety Act |
| 50-72-101, MCA | Metallic/Nonmetallic Safety Law |
| 50-73-101, MCA | Montana Coal Mining Code |
Employment Relation Division's Goals and Objectives
Workforce Services Division
Program Description: Provides a wide range of both federal and state-funded employment and training programs in accordance with state Titles 18 and 39, MCA. Federal mandates are the Wagner Peyser Act of 1937, Occupational Safety and Health Act, Carl Perkins Act, Immigration Reform Act, Social Security Act - Title IX, and the Workforce Investment Act of 1998 (HR-1385).
Authorities:
| P. L. 91-596 | Occupational Safety and Health Act |
| P. L. 97-300 | The Wagner-Peyser Act of 1937 |
| P. L. 100-323 | Employment Opportunities for Veterans |
| P. L. 101-649 | Immigration Act |
| 18-2-402, MCA | Prevailing Wage Rate Law |
| 39-51-404, MCA | Employment Security Account Tax |
| 39-6-101, MCA | Apprenticeship Act of 1941 |
| 39-7-601, MCA | State Displaced Homemaker Law |
| Title III and IX | Social Security and Federal Unemployment Tax Acts |
| P.L. 105-220 | Workforce Investment Act of 1998 |
Workforce Services Division's Goals and Objectives
Unemployment Insurance Division
Program Description: Administers the state unemployment insurance law and related federal programs through which benefits are paid, responds to inquiries concerning claims, and adjudicates disputed benefit claims in accordance with state Title 39, chapter 51, MCA. Federal mandates include Titles III and IV of the Social Security Act, the Federal Unemployment Tax, and the Trade Act of 1974.
Authorities:| 39-51-101 to 39-51-3207, MCA | Unemployment Insurance Program |
| Title III | Social Security Act |
| Title IX | Federal Unemployment Tax Act |
Unemployment Insurance Division's Goals and Objectives
Business Standards Division
Program Description: The Building Codes Bureau establishes and enforces minimum building (including accessibility), plumbing, mechanical, electrical, energy, elevator, and boiler codes. The Business and Occupational Licensing Bureau is charged with licensing and regulating persons and businesses engaged in specific (non-health care related) professions and occupations. The Health Care Licensing Bureau is charged with licensing and regulating persons and businesses engaged in specific health care related professions and occupations. The Weights and Measures Bureau is responsible for licensing, inspecting, testing, and certifying all weighing or measuring devices used in commercial transactions.
Authorities:
37-1-101 to 413, MCA |
General Licensing Provisions |
37-2-101 to 312, MCA |
General Provisions Relating to Health Care Providers |
37-3-101 to 405, MCA |
Medicine |
37-4-101 to 515, MCA |
Dentistry & Dental Hygiene |
37-6-101 to 312, MCA |
Podiatry |
37-7-101 to 1408, MCA |
Pharmacy |
37-8-101 to 444, MCA |
Nursing |
37-9-101 to 312, MCA |
Nursing Home Administrators |
37-10-101 to 313, MCA |
Optometry |
37-11-101 to 322, MCA |
Physical Therapy |
37-12-101 to 324, MCA |
Chiropractors |
37-13-101 to 316, MCA |
Acupuncture Practice Act |
37-14-101 to 323, MCA |
Radiological Technologists |
37-15-101 to 323, MCA |
Speech Language Pathologists & Audiologists |
37-16-101 to 414, MCA |
Hearing Aid Dispensers |
37-17-101 to 318, MCA |
Psychologists |
37-18-101 to 606, MCA |
Veterinary Medicine |
37-19-101 to 831, MCA |
Morticians & Funeral Directors |
37-20-101 to 409, MCA |
Physician Assistants - Certified |
37-22-101 to 411, MCA |
Social Work |
37-23-101 to 311, MCA |
Professional Counselors |
37-24-101 to 311, MCA |
Occupational Therapy |
37-25-101 to 308, MCA |
Nutritionists |
37-26-101 to 414, MCA |
Naturopathic Physicians |
37-27-101 to 325, MCA |
Direct-Entry Midwifery |
37-28-101 to 305, MCA |
Respiratory Care Practitioners |
37-29-101 to 412, MCA |
Denturity |
37-31-101 to 334, MCA |
Barbering, Cosmetology, Electrology, Esthetics & Manicuring |
37-34-101 to 308, MCA |
Clinical Laboratory Science Practitioners |
37-35-101 to 304, MCA |
Certification of Addiction Counselors |
37-40-101 to 312, MCA |
Sanitarians |
37-47-101 to 404, MCA |
Outfitters & Guides |
37-50-101 to 403, MCA |
Public Accountants |
37-51-101 to 608, MCA |
Real Estate Brokers & Salespersons |
37-53-101 to 506, MCA |
Time Share Sales |
37-54-101 to 417, MCA |
Real Estate Appraisers |
37-60-101 to 411, MCA |
Private Investigators & Patrol Officers |
37-65-101 to 323, MCA |
Architecture |
37-66-101 to 323, MCA |
Landscape Architecture |
37-67-101 to 322, MCA |
Engineers & Land Surveyors |
37-68-101 to 322, MCA |
Electricians & Electrical Safety |
37-69-101 to 430, MCA |
Plumbers |
37-72-101 to 307, MCA |
Construction Blasters |
37-76-101 to 123, MCA |
Athletic Agents |
50-37-101 to 110, MCA |
Fireworks |
50-39-101 to 108, MCA |
Fire Protection Equipment |
50-74-301 to 317, MCA |
Boiler Operators License |
50-76-101 to 112, MCA |
Crane & Hoisting Engineer Operators |
23-3-101 to 611, MCA |
Athletics, Boxing & Wrestling |
50-74-101 to 219, MCA |
Boilers & Steam Engine Inspections |
50-60-101 to 803, MCA |
Building Construction Standards |
30-12-101 to 602, MCA |
Weights & Measures, Standards & Labeling |
2-17-1701 to 1781, MCA |
Executive Branch Officers & Agencies |
Business Standards Division's Goals and Objectives
Commission on Community Service
Program Description : Provides administration of in-state contracts for federal Corporation for National Service programs, as well as coordinating wide ranging community service and in volunteer efforts statewide, in accordance with state Title 90, MCA, and in relation to Titles 20 and 23. Corporation programs directly involved include, but not limited to: K-12 Service-Learning Programs, 94.004 CFDA; AmeriCorps Programs, 94.006, Administration of State Commissions for National Service, 94.003, and in coordination with Higher Education Service-Learning Programs, 94.005.
Authorities: 90-14-101 through 109, MCA Montana Community Services Act
Commission on Community Service's Goals and Objectives
Workers' Compensation Court Division
Program Description: Provides a forum for Montana employees and the insurance industry to resolve disputes rising out of work-related injuries and occupational disease in accordance with Title 39, MCA.
Authorities:
| 2-15-1707, MCA | Office Of Workers' Compensation Judge |
| 39-71-101 et seq, MCA | Workers' Compensation Act |
| 39-72-101 et seq, MCA | Occupational Disease Act |
