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Montana Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Contracts, Copyright and Business Law for Montana on
Q: Regarding the employment of an individual to work on a Youtube channel, what are the conditions of a non-compete clause?

In this case, the agreement prohibits "similar derivative" from being created by the employee.

What are the space, time and content limitations of such clauses? Are there others?

What are legal references to such provisions?

Marcos Garciaacosta
Marcos Garciaacosta answered on Dec 17, 2020

You need to contact an attorney to understand this better.

The restrictions can be limited to a reasonable time and geographical area.

It also depends on whether there was compensation and the amount of said compensation.

1 Answer | Asked in Criminal Law, Employment Law, Workers' Compensation and Business Law for Montana on
Q: I am owed wages from my previous employer, instead of paying, they've threatened to kill me, can i sue?

I was getting paid by company check, then started being paid in cash. I asked about it and was threatened with physical harm and when i reported the threats my hours were cut and haven't been paid for my last 5 weeks of work. Each time, I'd call I'd be given excuses and then i... Read more »

Kyle Anderson
Kyle Anderson answered on Jun 18, 2020

Hi, the Fair Labor Standards Act requires you to be paid at least the minimum wage for all hours worked. If you worked any overtime, you would also be entitled to that as well. I would reach out to an employment law attorney in your state to discuss options.

1 Answer | Asked in Employment Law for Montana on
Q: My employer mandated me at 50 hours per week. My check does not reflect my actual hours, it says a flat 40 a week, lega?

I am mandated at 50 hours per week. I often work over than, sometimes 90 a week depending on staff. My paycheck says I only work 40 hours per week, is this legal for them to do, if not what law states so?

Carrie Dyer
Carrie Dyer answered on Jan 14, 2020

The Fair Labor Standards Act requires that employers typically pay their employees no less than minimum wage for all hours worked, and time and one-half their regular rate of pay for all hours worked per week in excess of 40. Unless you are subject to an exemption, if you are paid on an hourly... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Montana on
Q: I feel like I was targeted and demoted in an effort to force resignation. Is there anything I can do?

I was promoted in june. Since then I haven't received 50% or more because of poor food cost or because of poor inspections. I feel like this was the first effort to Target me. I was a diligent employee for 13 years never missing a shift and working extra whenever needed. The problem is the... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Dec 19, 2019

Unfortunately, no. You live in an at-will employment state, meaning you can be terminated from your position for any reason or no reason at all, without warning. The only exception to this general rule is if you feel you are being targeted for termination for an unlawful reason based on a protected... Read more »

1 Answer | Asked in Employment Law, Personal Injury and Landlord - Tenant for Montana on
Q: I've been evicted. How do I request more time to move all the non-profit belongings and animals?

I was staying for free, so I don't owe any money, in fact she owes me back pay of $35,300.00. There was never a tenant landlord relationship, and someone else now owns the property, and has given me the time "sooner than later" to move off. I am disabled and 64 years old woth no... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 20, 2016

First you need to contact a member of the Montana Trial Lawyers Association who handles employment issues NOW!

Not sure what non profit belongings and animals are. If they belong to a not for profit organization, tell the organization to move them. If not, it's on you--new owner...
Read more »

1 Answer | Asked in Employment Law for Montana on
Q: I want to know if its illegal for an employer to make me work on my wedding day?

I am getting married in a little over two weeks, I put in the request about a month ago. We are going to the courthouse and have a big wedding later on, but either way I don't want to work on my wedding day I want to spend that with the guy I am marrying. However just yesterday, I got told by... Read more »

Robert Jason De Groot
Robert Jason De Groot answered on Oct 14, 2015

I do not think that you can say that it is illegal to make you work on your wedding day. It probably is not illegal.

1 Answer | Asked in Employment Law for Montana on
Q: What is the employees liability when then company that the employee works for is listed in a civil suit?
Robert Jason De Groot
Robert Jason De Groot answered on Sep 8, 2015

There are not enough facts given here for any sort of answer. Go see a local attorney about this.

1 Answer | Asked in Employment Law for Montana on
Q: I need to know if a person managing a motel is paid by the hour or on a day rate. This person is not an administrator.

I am the manager of a small motel and the person who comes in so I can have a day off is being paid $30.00 per day no matter how long she has to be here answering the phone taking reservations doing laundry etc...

Bradley Jay Jones
Bradley Jay Jones answered on Apr 10, 2015

How the employee is paid is a matter of agreement between the employer and the employee. State and Federal minimum wage requirements must be met but how the wage is calculated is not a firm matter of law.

1 Answer | Asked in Employment Law for Montana on
Q: What steps can you take if a shady employer took down personal information during job interview?

I recently answered a referral for a book keeping position for an individual who is a lawyer with many "businesses". He asked many unethical questions of which wrote down my replies in a file. I later called to decline the being interested in the position. I asked if I could have the file... Read more »

Bradley Jay Jones
Bradley Jay Jones answered on Apr 10, 2015

Unless the employer is using your information for illegal purposes there is nothing you can do. Your information was provided to him voluntarily.

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