Montana SB SB0193

2003 Montana Legislature

About Bill -- Links

SENATE BILL NO. 193

INTRODUCED BY J. O'NEIL

 

A BILL FOR AN ACT ENTITLED: "AN ACT ELIMINATING THE STATE MINIMUM WAGE FOR THOSE EMPLOYEES AND BUSINESSES NOT SUBJECT TO THE MINIMUM WAGE PROVISIONS OF THE FEDERAL FAIR LABOR STANDARDS ACT OF 1938 IN A COUNTY THAT HAS AN AVERAGE ANNUAL UNEMPLOYMENT RATE GREATER THAN 10 PERCENT ACCORDING TO THE LABOR FORCE STATISTICS COMPILED BY THE DEPARTMENT OF LABOR AND INDUSTRY'S OFFICE OF RESEARCH AND ANALYSIS FOR THE MOST RECENT COMPLETED CALENDAR YEAR; AMENDING SECTION 39-3-404, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE AND AN APPLICABILITY DATE."

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 39-3-404, MCA, is amended to read:

     "39-3-404.  Minimum wage. (1) Except as otherwise provided in this part and except for farm workers as provided in subsection (2) and for counties as provided in subsection (3), every each employer shall pay to each of his employees employee a wage of not less than the applicable minimum wage as determined by the commissioner in accordance with 39-3-409.

     (2)  In the case of a farm worker employed for a part of a calendar year which that includes periods requiring working hours in excess of 8 hours per a day and other seasonal periods requiring working hours substantially less than 8 hours per a day, the employer may pay the worker at a fixed rate of compensation during the term of employment. The employer may elect to:

     (a)  keep a record of the total number of hours worked by the worker during the part of the year during which the worker was employed by him the employer (the total wages paid by such the employer to such the employee for that part of the year during which said the employee was employed by him shall the employer may not be less than the applicable minimum wage rate multiplied by the total number of hours so worked); or

     (b)  in lieu of the minimum wage set forth herein in this subsection (2), pay the farm worker a wage as herein defined on a monthly basis. This monthly compensation shall constitute constitutes a minimum wage and shall may not be less than $635 a month beginning January 1, 1990.

     (3) For those employees and businesses not subject to the minimum wage provisions of the Fair Labor Standards Act of 1938, 29 U.S.C. 206(a)(1), the provisions of the Montana minimum wage law, including the provisions of 39-3-409, do not apply in a county that has an average annual unemployment rate greater than 10% according to the labor force statistics compiled by the department of labor and industry's office of research and analysis for the most recent completed calendar year."

 

     NEW SECTION.  Section 2.  Effective date -- applicability. [This act] is effective on passage and approval and applies to wages paid on or after [the effective date of this act].

- END -

 


Latest Version of SB 193 (SB0193.01)
Processed for the Web on January 10, 2003 (6:14pm)

New language in a bill appears underlined, deleted material appears stricken.

Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted.

See the status of this bill for the bill's primary sponsor.

 Status of this Bill | 2003 Legislature | Leg. Branch Home
All versions of this bill in PDF
Authorized print version w/line numbers (PDF format)

Prepared by Montana Legislative Services
(406) 444-3064