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2) ?) 1 - M STATE DOCUMENTS COLLECTWN
\<V£D AUG 14 1980
MONTANA STATE LIBRARY
930 E Lyndale Ave.
Helena. Montana 59601
PLEASE RETURN
MONTANA WOMAN:
YOUR JOB
RIGHTS
Dept. of Labor & Industry WOMEN'S BUREAU
Labor Standards Division
MONTANA STATE LIBRARY
S331.4L18m 1980 C.1 Uda
Montana working woman :your job rights /
3 0864 00033734 8
S/331.4/Ll8m/1980 Montana working woman: job rights, 1980
your
AF
' "'17
MONTANA
WORKING
WOMAN:
YOUR
JOB RIGHTS
Department of Labor & Industry
David E. Fuller, Commissioner
Labor Standards Division
Dick Kane, Administrator
Women's Bureau
Joan A. Duncan, Chief
Written and compiled for publication by:
Joan A Uda, Attorney
GOVERNOR'S STATEMENT
If you are an employed woman or are looking for work, you may not be aware of the rights you are guaranteed under Montana law. During the past decade, Montana has seen many progressive changes in the employment status of women and in the laws relating to women and employment. These changes are summarized in this booklet.
We have attempted to compile, in one place, a comprehensive cross- section of information for Montana's working women. Of course, no brief publication could cover everything a working woman needs to know, but we have at least provided general guidance and suggested where to find more information about specific problems.
Montana has come a long way in improving the employment status of women. We hope this booklet will prove to be another positive step in this direction.
111
INTRODUCTION
The purpose of this booklet is to help you, the reader, learn more about your rights as a job seeker, an employee, and ultimately as a re- tired person. Women have always been a valued and productive part of Montana's working population, a role which increases each year. This booklet is one of numerous efforts in recent years to assist women in meeting these growing challenges and responsibilities.
Laws relating to employment change frequently through legislation, agency rule-making and court decisions; thus, everything in the booklet is subject to change, sometimes very rapidly. As of the date of printing, all information in the booklet is correct to the best of our ability to make it
so.
This booklet was prepared by Joan A Uda, an attorney under a contract with the Women's Bureau of the Department of Labor and In- dustry. The Women's Bureau works to establish in Montana an atmos- phere that will allow women to contribute to society according to their fullest possible potential, through increased awareness of job opportuni- ties and elimination of sexual barriers to employment. Numerous indi- viduals and agencies have assisted by reviewing and commenting on the manuscript, and I would like to take this opportunity to thank each one for their time and patience in helping.
Department of Labor and Industry
Employment and Training Division Employment Security Division Human Rights Division Labor Standards Division Personnel Appeals Division Workers' Compensation Division Department of Administration
Personnel Division Department of Revenue
Department of Social and Rehabilitative Services U.S. Department of Health, Education and Welfare Social Security Administration I hope that you will find this booklet informative and useful. If so it will serve its purpose well.
David E. Fuller, Commissioner Department of Labor and Industry
TABLE OF CONTENTS
TITLE PAGE
CHAPTER ONE: BACKGROUND AND
GENERAL INFORMATION
A. Recent Changes in the Law 1
B. Why You Need to Know Your Job Rights 2
C. Purpose of this Booklet 2
D. The Role of Administrative Agencies 2
E. Time to Act 3
F. Information You Need 3
G. Validity and Proof 3 H. Retaliation 3
CHAPTER TWO: FINDING AND GETTING THE JOB
A. Employment Services and Agencies 5
1. The Montana Job Service 5
2. Private Employment Agencies 5
3. Job Ads and Applications 7
4. Job Referrals 7
5. Discrimination Complaints 8
B. Apprenticeships 8
1. Inquiries 9
2. Discrimination in Apprenticeship Programs 9
3. Affirmative Action 9
C. Protection from Sex Discrimination 10
1. Types of Law 10
2. Groups Protected 10
3. Prohibited Acts 10
4. Covered Employers 10
5. Federal Contractors 11
6. Other Federal Laws Prohibiting
Sex Discrimination in Employment 11
(a) Title IX 11
(b) State and Local Fiscal Assistance Act 11
(c) Comprehensive Employment
and Training Act 11
vii
D. Sexual Harassment 11 1. Remedies 12
E. When You Have a Right to Complain 13
F. Where, When, and How to File a Complaint 13
1. Where 13
2. When 13
3. Human Rights Division Assistance 13
4. After your Complaint is Filed 13
5. EEOC Complaints 14
6. Individual Court Enforcement 14
G. Federal Age Discrimination Law 14 H. Federal Handicap Discrimination Law 15 I. Lie Detector Tests and Medical Examinations 16
CHAPTER THREE: JOB RIGHTS ON THE JOB
A. State and Federal Minimum Wage and Overtime Pay 17
1. Non-Salary Compensation 17
2. Complaints and Further Information 18
B. The Federal Equal Pay Act 18
C. Discrimination in Promotion 18
D. Attachment of Wages - Garnishment 19
1. Montana Law 19
2. Federal Law 19
3. Which Law Applies 19
4. Special Situations 20
5. Protection from Discharge 20
E. Maternity Leave 20
1. Montana Law 20
2. Complaints Under Montana Law 21
3. Federal Law 21
F. Tax Credit for Child Care and Household Help 21 1. Federal Law 21
(a) Maximum Credits 21
(b) Where Care Must be Provided 21
(c) Who May Use the Credit 22
(d) Filing Joint Return 22
viii
(e) Limit to Earned Income 22
(f) Figuring Credit for Part Time Workers 22
(g) Payments to Relatives 22 (h) Payments to the Taxpayer's Minor Child 22 (i) Annual Computation 22
2. Montana Law 22
(a) Relationship of Federal and Montana Law 23
(b) Monthly Basis for Deductions 23
(c) Dependents Covered 23
(d) Places and Amounts 23
(e) Itemization of Deductions 23
(f) Requirements for Married Couples 23
(g) Payments to Relatives 23 (h) Sliding Income Scales 23
G. Occupational Safety and Health Protection 24
1. Federal Law 24
2. State Law 24
3. General Standards 24
4. Employee Health and Safety Rights 24
5. Complaints and Further Information 25 H. Compensation for Job-Related Injuries 25
1. When to Report an Injury 25
2. Notice of Injury 25
3. Requirements for Claims 26
4. Insurers 26
5. Claims 26 I. Unemployment Insurance 26
1. General Coverage Requirements 26
2. Insured Work 27
3. Eligibility for Benefits 27
4. Benefits for Pregnant Women 27
5. Duration of Benefits 27
6. Weekly Benefit Amount 28
7. To Apply for Benefits 28
8. If You are Denied Benefits 28 J. Other Employment Allowances 28
ix
K. Union Membership 29
1. National Labor Relations Act (NLRA) 29
2. Jobs Covered by Union Contracts 29
3. Unfair Labor Practices Under the NLRA 29
4. Workers Not Covered by the NLRA 30
5. Further Information 30
6. The Federal Labor Management
Reporting and Disclosure Act 30
7. Montana Law 30 L. Rights of Discharged Employees 30
CHAPTER FOUR: EMPLOYMENT-RELATED RETIREMENT
RIGHTS AND BENEFITS
A. Social Security Benefits Under Title II
1. Title II Coverage
2. Covered Workers
3. Payments and Refunds
4. Required Minimum Earnings
5. Treatment of Cash Tips
6. Application for Benefits
7. Retirement Age
8. Working After Benefits Start
9. Retired Married Women
10. Widow's Benefits
(a) Your Account or His
(b) Age for Widows' Benefits
11. Spouse Pension "Offset"
12. Benefits for Divorced Women
13. Title II Disability
14. Dependent Children
B. Medicare
1. Hospital Insurance
2. Medical Insurance
C. Social Security Information
D. Pensions
1. The Employee Retirement Income Security Act (ERISA)
2. Company Plans 36
3. Vesting 36
4. Transferring Vested Pension Benefits 37
5. Survivor Protection 37
6. Plan Termination Insurance 37
7. Your Right to Information 38
8. Further Information 38
E. Personal Plans
1. "Keogh" Plans for the Self-Employed 38
2. Individual Retirement Accounts (IRA's) 38
(a) Funding an IRA 39
(b) IRA Contribution Limits 39
(c) Federal Taxation of IRA's 39
(d) Investment of IRA Funds 39
(e) Transfers and "Rollovers" 39
3. Montana Public Employees' Deferred Compensation Plan 39
4. Further Information 39
F. Montana Public Employee Retirement Plans 40
1. Public Employees' Retirement System 40
2. Other Public Employee Plans 40
3. Further Information 40
APPENDICES
Appendix A Local Job Service Offices 49
Appendix B Local Vo-Tech Centers 50
Appendix C State Agencies 50
Appendix D Federal Agencies 52
Appendix E Montana Human Rights Commission
Sample Complaint Form 53
Appendix F Equal Employment Opportunities
Commission Sample Complaint Form 55
INDEX 41
XI
MONTANA WORKING WOMAN: YOUR JOB RIGHTS
CHAPTER ONE: BACKGROUND AND
GENERAL INFORMATION
A. Recent Changes in the Law
In the past twenty years, Montana and federal law relating to employment has changed a great deal. Many of these changes protect both women and men. However, a number of changes have occurred which give women new and greater protections under the law in getting and keeping jobs, in safeguarding working conditions and in gaining benefits and promotions.
Montana's 1972 Constitution, for example, provides a very broad "equal protection" clause which specifically prohibits using sex as a basis for discriminating against women in employment, as in other areas:
The dignity of the human being is inviolable. No person shall be denied the equal protection of the laws. Neither the state nor any person, firm, corporation, or institution shall discriminate against any person in the exercise of his civil or political rights on account of race, color, sex, culture, social origin or condition, or political or religious ideas. [Art. II, § 4.]
Since adoption of the new constitution, many of Montana's statutes have been revised to eliminate preferences for either sex, so that men and women are to be treated as equals by and under the law.
Montana has also made a strong statement of public policy in favor of employment opportunities for women which will allow women to "contribute to society according to their fullest possible potential" [§ 39- 7-101, MCA 1978].
Montana's Human Rights Act and Governmental Code of Fair Practices provide additional and more specific rights and protections for Montana working women, Title 49, chapter 2 and 3, MCA 1978. In general, these laws prohibit employers, employment agencies, unions, and anyone else involved in the employment process from discriminat- ing against a person because of that person's sex, age, race, color, creed, marital status, religion, national origin, or physical or mental handicap, unless that factor is a "bona fide occupational qualification (BFOQ)."
An example of a "bona fide occupational qualification" might be that a model for women's swim suits is female. In this example, however, though sex may be a BFOQ, race would not. The BFOQ exception is very narrow so that it cannot be used as a pretext to keep individuals out of jobs for which they are fully qualified. For example, it is not a BFOQ that a sportscaster be a man just because male or female audiences prefer to hear a male voice, or because the men in the office are "uncomfortable" working with a woman.
B. Why You Need to Know Your Job Rights
The law has changed greatly, but many attitudes and practices have not. Women still face substantial problems in matters such as getting good jobs, getting paid what a man might for the same work, or getting deserved promotions.
Montana women, like women elsewhere in the United States, continue to enter the labor force in unprecedented numbers. In 1977, women made up 41.2% of the total non-agricultural workers in Montana. That is a gain of more than 3% in three years, slightly more than 1% a year. Nationwide, the number of women in the work force reached 50% in 1978.
However, the salary difference between men and women is still widening, not closing. In 1955, women's earnings were 63.9% of men's; in 1978, women's earnings were only 61% of men's.
Knowing your rights can help to close that gap. To make that knowledge count, however, you must be willing to act on it.
C. Purpose of This Booklet
A right not acted upon is worthless. Rights not asserted can be lost. Asserting rights, however, is almost always time-consuming and is sometimes expensive. It generally requires courage, patience and endurance — not necessarily in that order.
It is also usually worth the effort, but each person must make that decision for herself.
The purpose of this booklet is to familiarize you with your basic job rights, to explain some of the things you can do if you believe those rights are being violated, and to suggest where you can go for assistance. It can also serve as a quick reference for basic questions you might have about pensions, minimum wage, maternity leave and many other work-related matters.
D. The Role of Administrative Agencies
Administrative agencies are arms of the executive branch of government. Agencies are called: departments, divisions, bureaus, commissions, boards, and other similar names. Many complaints or grievances about job-related matters that cannot be settled by a supervisor, personnel officer, or other person on the job can be filed for action with the proper agency. Which agency to contact depends upon your specific complaint or grievance.
For example, if you believe you have been discriminated against on the job just because you are a woman, you should contact the Montana Human Rights Division, Department of Labor and Industry, Suite 300, Steamboat Block, 616 Helena Avenue, Helena, Montana 59601 [(406) 449- 2884]. However, if you believe you are not being paid fairly for your overtime, you would contact either the Montana Labor Standards Division, Montana Department of Labor and Industry, 35 South Last
Chance Gulch, Helena, Montana 59601 [(406) 449-5600] (state complaint), or the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210 (federal complaint), depending upon whether your job is covered by state or federal law.
E. Time to Act
It is extremely important not to delay in filing a job-related complaint or grievance, because many such matters have a relatively short filing limitation. Many such limitations are 180 days, and some are as short as 30 to 90 days.
F. Information You Need
If you believe you are being treated unlawfully in some matter related to your job, or to your efforts to get a job or job training, you need: (1) The name of the agency to contact for help; and (2) as much information as possible about the actions you believe are improper. This information includes a careful and accurate statement of the facts as you know them, and any supporting information such as documents (forms, memos, letters, official notices or decisions, and other written items), names of persons who have first-hand knowledge of the facts, and your own detailed and accurate record of events, including dates, times, places, persons present, and other specific facts.
The agency which handles your type of problem will tell you exactly what they need from you. Try to follow their instructions and suggestions very carefully. This does not guarantee success, but it helps.
G. Validity and Proof
Just believing that you have been treated unfairly does not necessarily mean that any employment rights law has been violated, although it may. Also, as in many other areas of law, being certain that someone has violated your job rights is very different from being able to prove it. At any time when you seriously believe or suspect that your job rights are being violated, keep a record of dates, times, places, names of persons involved or who know directly about what happened, and your version of what happened. Also keep any relevant letters, forms, notices or other documents or paperwork that may help support your version of what happened.
H. Retaliation
One of the least pleasant aspects of enforcing job rights is the possibility of retaliation by an employer, fellow workers or others. Retaliation is, generally, the practice of "getting even" with an employee because the employee has filed a complaint or has in other ways asserted her own or others' employment rights.
The Montana Human Rights Act, like Title VII of the 1964 Civil Rights Act, the Equal Pay Act of 1963, and others, prohibits certain types of retaliation.
For example, the Montana act provides that it is an unlawful discriminatory practice "for a person to discharge, expel, blacklist, or otherwise discriminate against an individual" because the individual has opposed any practices forbidden by the act, or because she has filed a complaint, testified or participated in any manner in investigations or proceedings under the act [49-2-301, MCA 1978.]
Complaints about retaliation should be made to the agency with which your original complaint was filed, and must be documented in much the same way.
The value of the retaliation complaint is that it tells the agency to which you originally complained that you are being punished for exercising your rights, and some agencies can and will act more quickly on a retaliation complaint than on an original complaint. It also tells the employer or others that you do not intend to give up and that they may face even more serious penalties for their efforts to retaliate. In some cases it may also give you some informal protection from further retaliation.
CHAPTER TWO: FINDING AND GETTING THE JOB
There are a number of agencies whose purpose is to help people find jobs, and there are a number of laws intended to insure that the job-seeker is treated fairly. Sometimes the laws are effective and sometimes they are not. Sometimes the agencies can help, and sometimes, for a variety of reasons, they can't.
At the very minimum, you are supposed to be judged as a job applicant based upon your own qualifications for the specific job, and how those qualifications compare with those of the other applicants. Such job qualifications include matters such as your education, training, work experience, prior job record, ability to perform, and similar job- related standards.
You are not supposed to be turned away because of your sex, age, religion, creed, race, color, national origin, marital status, physical or mental handicaps — and in some cases, your political views — or any combination of the above, unless those things truly mean you cannot perform the work. In other words, the law allows certain narrow exceptions to the general rule that matters such as sex, race, age, and the like are not to be used as a standard for whether or not a person is qualified for a job. Whether or not one of these exceptions applies to a particular job depends upon the type of job and which of the many laws applies to the job.
A. Employment Services and Agencies
1 . The Montana Job Service. The Montana Job Service is part of the Employment Security Division, Montana Department of Labor and Industry. There are local Job Service offices in a number of Montana cities and towns. See Appendix A at the back of this booklet for the location of the Job Service office nearest to you.
The Job Service is a joint federal-state agency, and its main purpose is to help unemployed persons find jobs. There is no charge for its services. The Job Service provides free job counseling, testing, and placement services. The local offices maintain a listing of available jobs in your community and throughout the state.
In addition, the Job Service helps persons in certain federal and state job training programs to find appropriate jobs. For example, the Job Service tries to place persons enrolled in the WIN Program (Work Incentive Program for persons receiving assistance from Aid to Families with Dependent Children or other federally funded assistance programs), the various CETA programs (programs under the Comprehensive Employment and Training Act, which offer on-the-job training, education, and other services), and programs to help the handicapped.
There are also special programs to assist veterans to find employment, such as the Veterans' Employment Service, 600 N. Cooke, Helena, Montana 59601 (406) 449-2062.
2. Private Employment Agencies. A private employment agency is a private business. It is not a government agency. Because it is a business, it must charge for the services it performs. If you use such an agency, you will be required to pay a fee.
You have certain specific rights and protections if you use a private agency. Such agencies must be licensed under the laws of Montana. That law provides:
(1) The agency cannot charge you any fee unless you sign a contract with the agency. [§ 39-5-308, MCA 1978.]
(2) The contract must contain: The name, address, and telephone number of the agency; the date your contract was made; your name; the amount of the fee you are to pay; and the following notice:
NOTICE TO APPLICANT - READ BEFORE SIGNING
This is a contract. If you accept employment with any employer through (name of employment agency), you will be liable for the payment of the fee as set out above. Do not sign this contract before you read it or if any spaces intended for the agreed terms are left blank. You are entitled to a copy of this contract at the time you sign it. [§ 39-5-302, MCA 1978.]
This notice tells you that once you sign the contract you are legally bound by it. If you take a job the agency sends you to, the law requires you to pay the agency's fee. Be sure to get your own copy of the contract, with all signatures and all blanks filled in. Do not sign a contract that has blank spaces "to be filled in later."
Some other points in the same law are:
(1) The agency cannot send you to an employer where it knows a strike or lockout is going on. [§ 39-5-306, MCA 1978.]
(2) Before sending you out to apply for a particular job, the agency must reconfirm that the job is still available. [§ 39-5-307, MCA 1978.]
(3) The agency cannot charge you a fee just for letting you register, or for referring you to a state employment office or a union hall. [§ 39-5-308, MCA 1978.]
(4) Generally, the agency's fee is based upon a percentage of your gross income from the job during your first full month on the job. [§ 39-5- 309, MCA 1978.]
|
If your first full |
You will pay this |
|
month's gross is: |
percent of the gross: |
|
Less than $200 |
30% |
|
$200 to $224 |
35% |
|
$225 to $299 |
40% |
|
$300 to $349 |
50% |
|
$350 to $499 |
60% |
|
$500 to $649 |
65% |
$650 to $799 70%
$800 and up 75%
Thus, if you gross $679 during your first full month on the job, the maximum fee you should have to pay will be $475.30.
If your new employer terminates you for no fault of your own within 90 days of starting the job, the maximum you can be charged by the agency is 10% of your first month's gross, which under the example above would be $67.90.
If you quit or are fired within 30 days of beginning the job, you do not have to pay the agency more than 10% of the gross amount you actually received from that employer.
If you quit or are fired after 30 days, you will have to pay the full amount required by your contract, unless within 15 days of the last day you work you can convince the employment agency to let you pay less. In other words, using the example above, if you work 18 days and then quit because you don't like the job, you will have to pay the full $475.30, unless you can get the employment agency to agree to accept less. If you do make such an agreement, be sure to get it in writing.
(5) If you pay in advance and do not get one of the jobs the agency sends you to, or if the maximum fee turns out to be less than the amount you paid, you are entitled to a refund. [§ 39-5-311, MCA 1978.]
(a) For Refund: First, contact the employment agency. If the agency refuses to make a refund that you believe is lawfully yours, then contact the Labor Standards Division, Department of Labor and Industry, 35 South Last Chance Gulch, Helena, Montana 59601 [(406) 449-5600].
(b) Other Complaints about Private Employment Agencies: You may also file other types of complaints about a private employment agency with the Administrator of the Labor Standards Division.
(c) Who Pays the Fee: Check with your employer to see whether or not the employer will reimburse you for all or part of your fee. Also, in some instances the employer will directly pay the employment agency, and you should check with your employer to be sure the fee is not being paid twice.
3. Job Ads and Applications. Employment agencies and employers cannot lawfully use any job ads, application forms, or similar materials which directly or indirectly indicate that any job is not available to persons of a particular sex, marital status, age, physical or mental handicap, race, creed, religion, color, or national origin. Generally, the only exception to this is when the limitation is based on a bona fide occupational qualification (BFOQ). [§ 49-2-303, MCA 1978.]
Thus, the law requires that job ads and applications be presented in an unbiased way that does not discourage women, minorities, and others from applying. For example, ads for jobs cannot state that men or women are preferred for particular jobs. Nor can they suggest or imply that such preferences exist.
4. Job Referrals. The Montana Human Rights Act specifically
prohibits an employment agency from failing or refusing to refer persons for jobs, or from classifying them or in any other way discriminating against them, on the same basis set out above. [§ 49-2-303, MCA 1978.] For example, an employer cannot call an agency and say: "We need a pretty girl, not over 25, white, single...." Nor can an agency call an employer and say: "We have an applicant here who looks pretty good for your job. Will you talk to a (woman)?. ..(black)?. ..(single person)?. ..(forty- five year old)?..."
Many employment agencies, both public and private, have in the past sorted and routed applicants based on just these types of criteria. Women to the clerical jobs; men to the sales, managerial, executive jobs. This sorting and routing is unlawful but sometimes still happens. If you are consistently sent to jobs which require lower qualifications than you have, you should be alert to whether or not the agency is practicing this sorting and routing. If the agency is public, you have a right to look at all the notices for job openings.
5. Discrimination Complaints. The Montana Human Rights Act specifically applies to public and private employment agencies and to employers seeking new employees, as do certain other state and federal laws. See § 49-2-303, MCA 1978. Complaints about discriminatory practices should be filed with the Montana Human Rights Commission (see page 13 of this booklet for further information.)
B. Apprenticeships
Apprenticeship is a form of combined training and work, which is provided both on-the-job and in the classroom. It is intended to teach the skilled trades and crafts to interested applicants. There are hundreds of skilled trades and crafts which use an apprenticeship system. During the apprenticeship period, the apprentice is paid a salary which will usually increase during the apprenticeship period, and the length of the apprenticeship varies from trade to trade. An apprenticeship may be of interest to you if you would like to work in any of the skilled trades or crafts, such as carpentry, masonry, printing, plumbing, or one of the many others.
In Montana, most apprenticeship programs are registered with the Apprenticeship Bureau, Labor Standards Division, Montana Depart- ment of Labor and Industry, 35 South Last Chance Gulch, Helena, Montana 59601 [(406) 449-5600]. Standards for such programs in each trade or craft are established by joint apprenticeship and training committees, which consist of an equal number of employer and employee representatives from that trade or craft.
The Apprenticeship Bureau participates in and supervises most apprenticeship programs in Montana, although there are a few apprenticeship programs with which the Bureau is not involved. Apprenticeship programs funded by federal contracts, or state funds, and apprenticeship programs in plumbing, must be registered with the Bureau. Registered programs must comply with the Bureau's standards.
8
Generally, these standards are to the apprentice's advantage. Each apprentice must have a written apprenticeship agreement with her employer which sets out the specific terms and conditions of the apprenticeship. It specifically must include what skills and processes the apprentice is to be taught and approximately how much time she will spend at each. It must also include the number of hours to be spent in "related and supplemental instruction" (the theoretical, "classroom" aspect of the trade or craft), as well as the total required hours for completion of the apprenticeship.
In general, the minimum number of hours required for completion of an apprenticeship is "not less than 2,000 hours of reasonably continuous employment" [§ 39-6-106, MCA 1978], although some of the trades with established apprenticeship programs require up to 8,000 hours or 4 years. The law recommends that at least 144 hours of "classroom"-type instruction per year be given as part of the program.
When an apprentice completes a Bureau-approved apprenticeship, she receives a certificate of completion, which is recognized throughout the United States, and which will give her journeyworker status and entitle her to journeyworker pay.
Many apprenticeship programs are sponsored by employers and some are sponsored by labor-employer organizations. Admission may require passing both practical and theoretical examinations, prior experience, and/or character or other references. Some trades and crafts are relatively easy to enter and others are extremely difficult.
1. Inquiries. To find out about apprenticeship opportunities, contact your local Job Service Office, or write to the Montana Apprenticeship Bureau, at the address above. You might also contact your nearest vocational technical center, since those centers offer certain types of apprenticeship courses, usually in conjunction with an apprenticeship program, or a representative of a labor organization in the craft or trade which interests you.
2. Discrimination in Apprenticeship Programs. The Montana Human Rights Act does not permit sex discrimination or discrimina- tion on the other prohibted bases in apprenticeship or other training programs. This rule applies to admissions and to how a person is treated while in the program. [§ 49-2-303, MCA 1979.]
In addition, the Montana Governmental Code of Fair Practices requires that any such programs which are conducted by or participated in by governmental agencies must be open to all persons based upon their qualifications and merit, without regard to race, color, religion, creed, political ideas, sex, age, marital status, physical or mental handicap, or national origin. Further, special attention in such programs must be paid to the problems of persons who are culturally deprived, educationally handicapped, or economically disadvantaged. Training opportunities are supposed to be extended to "involve larger numbers of participants from those segments of the labor force where the need for upgrading levels of skill is greatest." [§ 49-3-203, MCA 1978.]
3. Affirmative Action. Federal apprenticeship regulations
published in May, 1978, require sponsors of programs covered by the regulations which have more than five apprentices to take affirmative action to recruit women and minority persons, when those groups do not have a reasonable share of the training opportunities. Montana law also seems to require some affirmative action [§ 49-3-201 (2), MCA 1978], and Montana has adopted certain federal standards for affirmative action which require affirmative action for women in apprenticeship programs, including the use of goals and timetables for reaching those goals.
C. Protection from Sex Discrimination
If you believe you have been denied admission to an apprenticeship program, been routed only to low-level jobs by an employment agency, been refused a job by a prospective employer, or been subjected to any similar job-related type of treatment because you are a woman, or for any other of the forbidden bases of discrimination, you may have been the victim of unlawful discrimination.
1. Types of Law. A number of laws, both state and federal, prohibit these practices. If the offender is an agency of the state or local government, then both the Montana Human Rights Act, and the Governmental Code of Fair Practices may apply. If the offender is a private person or organization, then the Montana Human Rights Act and/or Title VII of the federal Civil Rights Act of 1964 may apply.
2. Groups Protected. Title VII of the 1964 Civil Rights Act prohibits discrimination in employment based on sex, race, color, religion, or national origin. The Montana Human Rights Act also prohibits employment discrimination based upon age, creed, marital status, or physical or mental handicap, but Title VII does not. Other federal laws cover certain of those matters. (See sections elsewhere in this handbook on matters such as age and handicap discrimination.)
3. Prohibited Acts. Under Title VII, a "covered employer" cannot discriminate on the prohibited grounds in: hiring or firing; wages, fringe benefits; classifying, referring, assigning, or promoting employees; extending or assigning facilities; training, retraining, or apprentice- ships; or any other terms, conditions or privileges of employment. Thus, the types of discriminatory acts covered by Title VII are very like those covered by the Montana Human Rights Act.
4. Covered Employers. One of the key differences between Title VII and the Montana Human Rights Act is the types of employers covered by each. Title VII generally covers: most employers with 15 or more employees; public and private employment agencies; labor unions with 15 or more members; and joint labor-management committees for apprenticeship and training. Indian tribes are not covered as "employers," however, and religious institutions may require that employees belong to certain religious faiths, but are fully covered on the other prohibited bases.
The Montana Human Rights Act is not limited by how many employees an employer has. The act applies even if the employer has
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only one employee. However, the Montana act fully exempts as "employers" all fraternal, charitable, or religious associations or corporations which are not for profit or which provide services only on a membership basis [§ 49-2-101, MCA 1978]. Further, the Montana act does not apply to agencies of the federal government.
5. Federal and State Contractors. Executive Order 11246, as amended, prohibits federal contractors, subcontractors, and contractors working on projects funded in whole or part with federal funds, from engaging in discrimination on the basis of sex, race, color, religion, or national origin. All facilitites of the contractor are covered by this order, even those not directly being used for the federal contract. However, if the contractor is an agency of the state or local government, then only the agency which is actually the contractor, and not the entire state or local government is covered.
Federal contractors are reviewed for compliance with Executive Order 11246 by the Office of Federal Contract Compliance Programs (OFCCP) of the United States Department of Labor. This office has required certain contractors to implement affirmative action programs to recruit, hire, and train women and minority group men for certain jobs which have not been open to those groups in the past.
OFCCP guidelines provide, among other things, that federal contractors may not advertise for employees under "male" and "female" classifications, base seniority lists on sex, deny a person a job because of states' protective labor laws, or distinguish between married and unmarried persons of one sex only.
Montana's Governmental Code of Fair Practices also contains a prohibition against such discrimination in state and local government contracts. [§ 49-3-207, MCA 1978.]
6. Other Federal Laws Prohibiting Sex Discrimination in Employment. A number of other federal statutes prohibit sex discrimination in programs which use federal funds. These include:
(a) Title IX of the 1972 Education Admendments, administered mainly by the Office for Civil Rights of the U.S. Department of Health, Education and Welfare (generally protects only students);
(b) State and Local Fiscal Assistance Act (Revenue Sharing), administered by the Office of Revenue Sharing, U.S. Treasury Department;
(c) Comprehensive Employment and Training Act, administered by the U.S. Department of Labor.
D. Sexual Harassment
An unpleasant but unfortunately pervasive problem which many women encounter both in seeking work and while on the job is sexual harassment. Sexual harassment has been defined as:
...unsolicited nonreciprocal male behavior that asserts a woman's sex role over her function as worker. It can be any or
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all of the following: staring at, commenting upon, or touching a woman's body; requests for acquiescence in sexual behavior; repeated nonreciprocated propositions for dates; demands for sexual intercourse; and rape.1
Other authors add that the real key to the seriousness of sexual harassment on the job is that it combines the sexual advances with direct or indirect threats that non-cooperation may affect the person's employment.2
The evidence indicates that sexual harassment is all too common, and that most women ultimately respond to it by leaving their jobs, either because they are fired or decide to quit.
The woman being subjected to sexual harassment is almost always in a no-win situation. If she does not comply, she may be fired or the harassment will escalate until she leaves voluntarily. If she does comply, sooner or later that too almost always catches up.
The authors of a worksheet on sexual harassment offer the following informal remedies:3
(1) Be Professional and Business-Like: Be certain there is a business reason for unscheduled meetings. Avoid doing personal favors. Avoid sharing personal confidences and problems. Don't ask for special treatment.
(2) Recognize That You Are Being Harassed: Learn to read the signals. Don't feel guilty. Don't ignore it.
(3) Seek Outside Support: Discuss the problem with female coworkers. Contact women's groups or local rape crisis lines for support.
(4) Talk With The Offender or Your Immediate Supervisor: Express your feelings. Be assertive. Try humor if appropriate.
(5) Keep A Written Record Including: Detailed account of incidents. Actions taken to remedy the situation. Results of your actions.
1. Remedies. Sexual harassment by or with the knowledge of a job supervisor or other person in a position to affect a woman's employment is a violation of the Montana Human Rights Act and Title VII.
Complaints can be filed with the Human Rights Commission and EEOC, as explained elsewhere in this booklet.
A union member may file a grievance with the union using standard grievance procedures.
If the sexual harassment amounted to actual assault or rape, you may file a criminal complaint with the county attorney. However, unless there is substantial proof of what happened, the county attorney may be unwilling or unable to pursue the matter.
You might also pursue certain legal remedies through a private attorney.
If you quit your job or are fired, seek unemployment compensation.
'Lin Farley, Sexual Shakedown, McGraw-Hill Book Co., 1978, p. 15. 2Claudia Kuric and Lois Menzies, "Sexual Harassment," Workshop handout, Montana Women's Bureau, 1979. 'Id.
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Also, if the harassment causes serious emotional problems for you, or emotional problems with physical symptoms, seek worker's compensa- tion benefits. Again, proof may be difficult, but you may get these benefits if your proof is adequate. See Section H of Chapter Three for a description of these benefits, what agency to contact and how to file a claim.
E. When You Have a Right to Complain
1. An employer refuses to let you file an application but accepts other applications;
2. a union or an employment agency refuses to refer you to job openings or refers you only to openings which are far beneath your qualifications;
3. a union refuses to let you join;
4. you are passed over for a promotion for which you are qualified;
5. you are paid less than others for comparable work;
6. you are placed in a segregated seniority line;
7. you are left out of training or apprenticeship programs;
8. you are fired or laid off; AND
...the reason for any of these acts is your sex, race, color, religion, national origin, physical or mental handicap, martital status, age or creed.
F. Where, When, and How to File a Complaint
1. Where. File a complaint with the Montana Human Rights Commission, Suite 300, Steamboat Block, 616 Helena Avenue, Helena, Montana 59601 [(406) 449-2884]. If the acts or practices you are complaining of appear to violate Title VII of the 1964 Civil Rights Act, as well as the Montana Human Rights Act, the Commission staff will help you fill out both a Montana complaint and an EEOC complaint, and will forward the EEOC complaint to the federal office.
2. When. The complaint must be filed within 180 days after the occurrence of the unlawful act or after your discovery of it. The 180 day limitation is absolute, and complaints about events occurring earlier than 180 days cannot be considered by the Montana Human Rights Commission [§ 49-2-501, MCA 1978].
Some violations are considered "continuing violations" and therefore are not subject to the 180 day filing limitation until the day violation finally stops.
3. Human Rights Division Assistance. The Montana Human Rights Division is the staff of the Human Rights Commission. The Division staff will assist you in preparing your complaint. You may write or call the Division Office in Helena at the address or telephone number given above for the Commission. (See sample complaint forms in Appendix E and F.) In the initial stages your complaint is confidential.
4. After Your Complaint is Filed. The Division staff will investigate your complaint. If there is substantial evidence to support
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your complaint, the staff will try to get the employer to eliminate the discriminatory practice by using informal methods such as persuasion, conferences, and conciliation.
If informal settlement efforts do not work, then your complaint may go to administrative hearing before the Commission. That hearing must be held in the county where the alleged unlawful act happened [§ 49-2- 505, MCA 1978].
5. EEOC Complaints. As noted above, if your complaint under the Montana Human Rights Act also appears to show a violation of Title VII, or if it shows only a Title VII violation, you may file a complaint with the Equal Employment Opportunity Commission (EEOC). Such complaints should be filed through the Montana Human Rights Commission, which will forward the complaint to the correct office.
If your complaint alleges a violation of both the Montana act and Title VII, you should file with the Montana Human Rights Commission rather than only with EEOC. EEOC has no power to act on the Montana part of the complaint. Also, EEOC may decide to act directly on such a complaint, but usually will "defer" to the Montana Human Rights Commission, to give the Commission the opportunity to act. Therefore, you may save time and effort by filing both complaints with the Montana Commission.
Also, though both EEOC and the Montana Commission have case backlogs, your case may be processed more quickly by the Montana Commission than by EEOC.
If you file first with the state, you have 300 days from the date of the violation or from your discovery of the violation, to file with EEOC.
6. Individual Court Enforcement. It is possible to enforce your rights under the Montana Human Rights Act and Title VII in court. However, these laws do not allow you to go immediately into court. For Title VII complaints, you must have a "right to sue" letter from EEOC, and under the state act you generally must go through all the procedures of the Montana Human Rights Commission. An effort is being made to simplify some of these procedures for persons who wish to bring their own lawsuits, and there are some exceptions to the rules above.
The Montana Human Rights Division or your own attorney can advise you.
G. Federal and State Age Discrimination Law
The federal Age Discrimination in Employment Act prohibits discrimination against persons aged 40 to 70, in hiring, firing, compensation, and other conditions of employment. This act applies to all public employers, private employers which have 20 or more employees, employment agencies which serve covered employers, and labor unions which have more than 25 members.
It does not cover jobs for which age is a bona fide occupational qualification, and it prohibits an employer from using employee benefit plans as an excuse to refuse to hire older applicants, or to retire older workers.
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In general, it prohibits, an employer from forcing a worker to retire until the worker is age 70, with only a few very narrow exceptions.
Since July 1, 1979, this law is enforced by the Equal Employment Opportunities Commission (EEOC) and complaints should be filed with EEOC. It can also be enforced by an individual, through the courts.
To make an EEOC complaint, contact the Montana Human Rights Commission, Suite 300, Steamboat Block, 616 Helena Avenue, Helena, Montana 59601 [(406) 449-2884]. The Commission will forward the complaint to EEOC.
This complaint must be filed within 180 days of the acts you are complaining about. It must contain the name of the employer who committed the acts, and must give a general description of the acts.
The Montana Human Rights Act also prohibits discrimination based upon age. The primary difference between the federal and state age discrimination law is that the state law does not contain any upper or lower age limitations on coverage. Thus, under Montana law, a worker is covered at any age from age-based discrimination. Complaints should be filed with the Montana Human Rights Commission.
It should be noted, however, that employers may use "maturity" or related criteria in hiring or other employment matters, so long as this is a real job requirement and not merely a disguise for age discrimination.
H. Federal Handicap Discrimination Law
Section 503 of the Rehabilitation Act of 1973, as amended, covers employers who are federal contractors or subcontractors and who have contracts for amounts over $2,500.00. Under this Act, covered employers must take affirmative action to employ and to advance in employment qualified handicapped workers, without discrimination based upon their physical or mental handicaps.
Federal regulations under this act require these employers to make efforts to recruit such workers, and, in some cases, to provide individualized accommodation for their physical or mental limitations.
In general, this Act prohibits the same types of acts and practices prohibited by the Montana Human Rights Act or Title VII (see p. 16 of this booklet), if those things are done because of your handicap, the history of your handicap, or because you are regarded as handicapped. You also have a right to complain if the covered employer fails to provide reasonable accommodation for your handicap.
Section 504 of the Rehabilitation Act of 1973, as amended, prohibits handicap discrimination in employment by recipients of federal funds.
To file a complaint under Section 503, or for further information, contact the Office of Federal Contract Compliance Programs, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210.
In Montana, the Human Rights Commission has been designated as the investigating authority for complaints under Section 504. The Commission may be contacted for assistance with such complaints.
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I. Lie Detector Tests and Medical Examinations
(a) It is unlawful under Montana law for an employer to require an applicant or an employee to take a polygraph test or any form of a mechanical lie detector test as a condition of initial or continued employment. [§ 39-2-304, MCA 1978.]
The only exception to this is if the employer is a public law enforcement agency.
(b) It is also unlawful for an employer to require an employee or applicant to pay the cost of a medical examination or of furnishing records of a medical examination as a condition for initial or continued employment. [§ 39-2-301, MCA 1978.]
(c) An employer's violation of either of these sections is a misdemeanor. Such complaints must be made to your local county attorney.
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CHAPTER THREE: JOB RIGHTS ON THE JOB
While you are on the job, you are protected from certain practices and given certain affirmative rights by many of the laws already mentioned. There are many others which are discussed briefly below.
A. State and Federal Minimum Wage and Overtime Pay
In general, under both the Montana Minimum Wage and Hours Act [§ 39-3-401, et seq., MCA 1978], and the federal Fair Labor Standards Act (FLSA), the standard work week for employees is 40 hours. Any covered employee who works more than 40 hours in any one work week is entitled to "time-and-a-half for the hours worked in excess of 40, unless the employee is specifically exempted by the law.
The current Montana minimum wage is $2.00 per hour. The Federal minimum wage is $3.10. It will rise to $3.35 on January 1, 1981.
There are a number of tests in different occupations to determine whether or not your job is covered by the federal FLSA or by the Montana Minimum Wage and Hours Act. Most employees now are covered by the FLSA, depending upon an employer's number of employees, volume of business, and other tests. State government and local governments such as county and municipal governments, are not covered by the FLSA, but are covered by the Montana act.
In general, the following jobs are not covered by either the federal or state minimum wage or overtime provisions: casual babysitters; executive, administrative, and professional employees; and some agricultural workers.
Employers cannot decide for themselves whether to be covered by the state or federal law. If both apply, or if the FLSA applies but the Montana act does not, then the employer is obliged to follow the provisions of the FLSA. If the FLSA does not apply but the Montana act does, then the employer is bound to obey the Montana act.
In general, learners, apprentices, handicapped workers whose work is part of or incidental to training programs, and certain students, may be paid at a lesser rate than the minimum wage.
Certain workers may be covered by the minimum wage but not by the overtime provisions. Under both the FLSA and the Montana act, these workers generally include certain covered agricultural workers and some household workers. Under the FLSA only, they include taxicab drivers, and employees of motor carriers, railroads, and airlines.
Under federal law, overtime pay for certain types of jobs can be computed other than on a 40-hour week. For example, under the FLSA, overtime for employees of private hospitals, nursing homes and rest homes, can be computed on a daily basis (overtime for more than 8 hours per day) or on a biweekly basis (overtime for more than 80 hours in a 14 day period). Union contracts may also contain such provisions.
1. Non-salary Compensation. Lodging, board, and other facilities provided by an employer can be counted as part of an
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employee's wages. Also, under the FLSA, tips can be counted as part of the minimum wage, but only for workers in an occupation in which they customarily and regularly receive tips of more than $30 per month.
2. Complaints and Further Information. To make a complaint about a matter relating to the minimum wage or to overtime compensation, contact the Montana Labor Standards Division, 35 South Last Chance Gulch, Helena, Montana 59601 [(406) 449--5600], if you believe you are covered by the Montana Minimum Wage and Hours Act, or the federal Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Room 4311, 125 S. State Street, Salt Lake City, Utah 84138, if you believe you are covered by the Fair Labor Standards Act. These offices can also provide additional information.
B. The Federal Equal Pay Act
In 1963, Congress amended the Fair Labor Standards Act to require equal pay for men and women workers who work in the same establishment and whose jobs require equal skill, effort, and responsibility.
The Equal Pay Act does not permit an employer to lower the wages of an employee in order to make the pay equal; rather the employer must raise the wages of the lower paid worker.
This act allows differences in pay based upon a seniority or merit system, however, or differences where pay is based upon quality or quantity of production.
The Equal Pay Act covers all employees covered by the Fair Labor Standards Act, and in addition covers employees of state and local government, executive, administrative, and professional employees, and outside salespeople.
Under this act, "wages" includes all job-related benefits and payments, including overtime, uniforms, travel, health insurance, and the like.
Jobs need not be identical to require equal pay. They need only be "substantially equal."
Complaints should be filed with the Equal Employment Opportunity Commission (EEOC), either directly or by contacting the Montana Human Rights Commission, which will forward the complaint to the appropriate EEOC office.
C. Discrimination in Promotion
The Montana Human Rights Act, Title VII, and Executive Order 11246 each require that promotions be given without regard to the prohibited bases of discrimination. In general, these acts require that promotion decisions be made on valid promotion standards. Executive Order 11246 also requires that federal contractors set goals and timetables to promote women and minorities.
The Age Discrimination in Employment Act and Section 503 of the
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Rehabilitation Act of 1973 also protect the promotion rights of older workers, and physically or mentally handicapped workers.
Complaints relating to promotions should be filed with the Montana Human Rights Commission, Suite 300, Steamboat Block, 616 Helena Avenue, Helena, Montana 59601 [(406) 449-2884].
D. Attachment of Wages - Garnishment
Attachment or garnishment is a procedure provided by law which allows a creditor (someone to whom money is owing), to take part of the debtor's salary or wages to pay off the debt.
1. Montana Law. In Montana, salary or wages can be attached only if the creditor goes to court and gets a judgment against the debtor for the amount of money owed. Then, if the debtor does not pay, the creditor can have the county sheriff attach a part of the debtor's salary or wages on each of the debtor's paydays, until the debt is fully paid. Generally, this is done as follows: the sheriff notifies the employer of the attachment and the employer must then forward the debtor's pay to the sheriff. The sheriff deducts the portion to be paid to the creditor and pays the rest to the debtor.
Montana law will exempt earnings of a judgment debtor for her personal services rendered at any time within 45 days preceding the attachment, if she supports her family in whole or part by her labor, and if those earnings can be shown to be necessary for her family's support. However, if the debt was incurred by any member of the family for "gasoline and for the common necessaries of life," then half of the debtor's earnings can be attached and applied to the debt. [§ 25-13-614, MCA 1978].
In this section, "family member" generally means a member of the immediate family who resides with the debtor. See § 70-32-102, MCA 1978.
2. Federal Law. Under the federal wage garnishment law, "earnings" include any compensation for personal services, such as wages, salary, commissions, bonuses, pensions, and retirement pay. "Disposable earnings" are the amount of earnings which remain after the required withholding taxes are deducted.
Federal law uses a formula to determine the maximum part of total disposable earnings which may be garnished in any pay period. That maximum is the lesser of: (a) 25% of the disposable earnings for that period or (b) the full amount by which disposable earnings for each work week exceeds 30 times the basic federal minimum hourly wage prescribed by the federal Fair Labor Standards Act. In 1980, with the federal minimum wage at $3.10, any amount in excess of $93.00 per week could be subject to garnishment.)
3. Which Law Applies. If state law protects a larger part of a person's earnings than federal law does, state law controls. Thus, if your entire salary for the 45 days preceeding attachment was essential for you and your family's needs, and if the debt in question was not incurred for "gasoline or the common necessaries of life," your entire salary could be
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protected by following the exemption procedures provided by Montana law. (You will probably need a lawyer for this, and, if your earnings are very low, you might contact your nearest Montana Legal Services Office.)
However, if you do not meet the Montana requirements to exempt all of your personal earnings, then the federal law will usually apply, and will allow your creditor to take the maximum portion permitted under the federal act.
4. Special Situations. If your personal earnings are being garnished or attached under a bankruptcy court order, or because you owe money on federal taxes, the law discussed above will not protect your earnings.
However, there are limits on the amount that may be attached from the wages of someone who is behind on payments for child support and alimony. This amount depends upon the amount of a debtor's disposable earnings, whether the debtor is supporting a spouse or dependent child other than the person that the debt is for, and how much time has passed since the support payments were due.
5. Protection from Discharge. Montana law provides that no employer may discharge or lay off an employee because the employee's wages have been attached or garnished, regardless of how many times this happens [§ 39-2-302, MCA 1978].
The federal wage garnishment law gives the same type of protection, but only for "one indebtedness." "One indebtedness" means a single debt, regardless of how many attempts are made to collect the single debt. "One indebtedness" also includes where several creditors combine their claims, or where several debts have been combined in one court action.
For tax liens, several levies to collect one tax delinquency are treated as "one indebtedness." However, each court order for arrears in child support or alimony is considered a separate indebtedness.
Thus, although under federal law you cannot be fired for the first garnishment, you can be fired for the second or subsequent garnishments. However, Montana law supercedes federal law in this instance and so in Montana the debtor is protected regardless of how many garnishments or attachments occur.
E. Maternity Leave
1 . Montana Law. Montana maternity leave law makes it unlawful for an employer to fire a woman because she is pregnant, or to refuse to give her a reasonable maternity leave. Also, if the woman is disabled as a result of pregnancy, the employer may not deny her any compensation she has earned because of accumulated disability or leave benefits under the employer's employee benefit plans. Nor may the employer retaliate against the woman for filing a complaint, or require that she take an unreasonably long mandatory maternity leave [§ 39-7-203, MCA 1978].
Further, when the employee lets the employer know that she is ready to return to work, she must be reinstated either to the same job or an
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equivalent job, and she must receive equivalent pay, accumulated seniority, retirement, fringe benefits, and any other service credits. The only exception to this rule is where her employer is private, and the employer's circumstances have changed so much that it is impossible or unreasonable to so reinstate her [§ 39-7-204, MCA 1978].
2. Complaints Under Montana Law. Complaints should be filed with the Commissioner of Labor and Industry, 35 South Last Chance Gulch, Helena, Montana 59601. In addition, this law may also be enforced privately, in state district court.
3. Federal Law. In October 1978, Title VII of the 1964 Civil Rights Act was amended to prohibit discrimination based on pregnancy. Title VII requires that women affected by pregnancy, childbirth, or related medical conditions, are to be treated just like other ill or disabled workers for all employment-related purposes, including receipt of benefits under employee benefit programs.
Title VII does not require employers to start special programs for pregnant workers or to give them special treatment. But it does prohibit discriminating against them because of their pregnancies or related medical conditions.
Title VII does not require an employer's health insurance program to pay for routine abortions. However, if the woman's life would be endangered, or where the woman suffered medical complications, coverage may be required. Employers can, of course, voluntarily provide routine abortion coverage.
An employer cannot fire or refuse to hire a woman solely because she has had an abortion.
Complaints under Title VII should be filed with the Montana Human Rights Commission, as set out on page 13 of this booklet.
F. Tax Credit for Child Care and Household Help
1. Federal Law. The United States Internal Revenue Code now permits a tax credit on your federal income taxes of up to 20% of your actual expenses for care of dependents, if those expenses were incurred to allow you to hold a job.
(a) Maximum Credits: A tax credit is an amount subtracted directly from the amount of tax you would otherwise owe, after you have figured your base tax bill. If you have one qualifying dependent, your maximum "creditable amount" is $2,000. 20% of $2,000 is $400, and thus, if your "creditable" expenses were $2,000 or more, you receive a direct credit of $400. If you have two or more qualifying dependents, the maximum creditable amount is $4,000, with a maximum credit of $800. Thus, if you have three qualifying dependents and spend a creditable amount of $3,700, your direct credit would be $740.
(b) Where Care Must be Provided: For all dependents over age 14, the expenses must be for services in your home. However, for dependents 14 and under, the credit applies to care both in your home and elsewhere.
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(c) Who May Use the Credit: All eligible taxpayers may make use of this tax credit regardless of the family's gross income, whether or not the taxpayers itemize deductions, and on which tax form they file their return. It is available to single working parents, to married couples if both spouses work full or part time or if one is disabled, and to fulltime students with working spouses.
A divorced or separated parent who has custody of a child aged 14 or younger for more than one half of the calendar year is eligible for the credit, even if the other spouse is entitled to claim the personal exemption for the child. Thus, if you are divorced and have custody of two children aged eight and ten from May through December, you may qualify for the tax credit. A deserted spouse may also claim the credit if the deserting spouse is absent for the last six months of the taxable year (from at least July 1 through December 31).
(d) Filing Joint Return: If you are married, you must file a joint return in order to claim the credit.
(e) Limit to Earned Income: The tax credit applies only to earned income. Thus, if you have income from property you own or the sale of such property, you cannot use this credit to reduce your taxes on that income.
The earned income limitation applies both to married and unmarried taxpayers.
(f) Figuring Credit for Married Persons: For married persons, the amount of qualified child care and household help expenses (the "creditable" expenses upon which the 20% credit is figured) cannot be any greater than the actual amount earned by the spouse with the lower earned income.
(g) Payments to Relatives: Until recently, child care payments to relatives, including those living in the taxpayer's household, could qualify for the credit if: (1) the relative was not the taxpayer's dependent; and (2) the relative's wages were subject to social security taxes.
For taxable years beginning after December 31, 1978, the credit is available for wages paid to certain close relatives without the requirement that these wages be subject to social security taxes. This applies, for example, to payments to grandparents, brother or sister, uncle or aunt, niece or nephew, so long as the relative is not a dependent of the taxpayer.
(h) Payments to the Taxpayer's Minor Child: No credit is allowable for payments made to the taxpayer's minor child (a child under the age of 19).
(i) Annual Computation: The credit is computed on an annual basis. Thus, the entire credit is available for taxpayers who have the required number of dependents at any time during the taxable year. However, as explained in subsection (c) above, a different rule applies to deserted spouses, requiring that the deserting spouse be absent for the last six months of the taxable year.
2. Montana Law. Under § 15-30-121, MCA 1978, child and
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dependent care expenses are allowed as deductions, unlike the new federal law which makes them a tax credit.
The difference between a tax credit and a tax deduction is that a deduction is subtracted from gross income to arrive at an individual's adjusted gross income, the amount upon which the tax is figured. Thus, it reduces the amount of income upon which taxes are based. A tax credit, on the other hand, is subtracted directly from the amount of taxes owing, once the amount of taxes has been computed upon the adjusted gross income.
(a) Relationship of Federal and Montana Law: Montana law requires that the deduction for child and dependent care must be determined under the provisions of Section 214 of the federal Internal Revenue Code of 1954 that were in effect for the taxable year which began on January 1, 1974. Federal law has changed quite a bit since 1974, and therefore, federal and Montana law differ quite a bit in this area.
(b) Monthly Basis for Deductions: Unlike federal law, the state deduction is figured on a monthly basis, and the deduction may be up to $400 per month.
(c) Dependents Covered: The deduction applies for a dependent of the taxpayer who is under 15 years of age, or for the taxpayer's spouse or dependent who is physically or mentally incapable of caring for himself or herself.
(d) Places and Amounts: Like federal law, expenses must be incurred for services in the taxpayer's household except for care of dependents 14 or under. For child care outside the home, the deduction may be up to $200 per month for one child, $300 for two, and $400 for three or more. Any difference between the maximum allowable amount and the amount actually expended for child care may also be deducted if it is expended for other types of expenses in the house which are allowable under the same provision.
(e) Itemization of Deductions: The child care and household help deduction is treated as a personal expense and requires that the taxpayer itemize deductions.
(f) Requirements for Married Couples: For married couples, the deduction is allowed only if a joint return is filed and if both spouses are employed full time, or one is employed full time and the other is physically or mentally handicapped.
(g) Payments to Relatives: The 1979 Montana Legislature amended the provisions applying to child care payments to relatives, effective for tax years beginning after December 31, 1978. Prior law made payments for child care to family members, relatives, or any dependent living in the taxpayer's household ineligible. The 1979 amendments removed this restriction for all relatives who are not the taxpayer's de- pendents, and for children of the taxpayer, if such children are over 18.
(h) Sliding Income Scale: Montana law still provides a sliding income scale for the child care deduction. If the adjusted gross income of a married couple or single parent exceeds $18,000, the deduction is reduced 50 cents for each dollar of additional income. Thus, when the adjusted
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gross income is $27,600, no child care expenses are allowable. [The absolute maximum deduction is $4,800 ($400 per month for each of 12 months); reducing the maximum deduction by 50 cents for each dollar earned above $18,000 would make the deduction 0 at $27,600.]
G. Occupational Safety and Health Protection
1. Federal Law. In general, many Montana workers, like those throughout the rest of the nation, are covered by the federal Occupational Safety and Health Act of 1970, which is administered by the Occupational Safety and Health Administration (OSHA). That act covers every employer in a business "affecting commerce," except those where a specific type of workplace is covered under a special federal law. Examples of such specially covered occupations are mining, and those involving atomic power. In general, employees of the federal government are covered by a special executive order.
2. State Law. In Montana, most employees are covered by the Montana Safety Act [§50-71-101, etseq.,MCA 1978]. The Montana Safety Act program is administered by the Workers' Compensation Division, Montana Department of Labor and Industry, 815 Front Street, Helena, Montana 59601. Under the Montana act, the Division has adopted many of the OSHA regulations. Thus, many health and safety provisions in Montana are identical or very similar to OSHA standards, because of state adoption of those standards.
In addition, Montana has the Occupational Health Act of Montana [§ 50-70-101 et seq., MCA 1978], which covers emission standards, occupational diseases and other matters, and is administered by the Montana Department of Health and Environmental Sciences, Room 200, Cogswell Building, Helena, Montana 59601 [(406) 449-2544]. There are many other specific statutes in Montana to protect the health and safety of workers, such as those on mine safety (coal mines and non-coal mines, Title 50, chapters 72 and 73, MCA 1978) and others.
3. General Standards. The purpose of these occupational safety and health laws is to require safe and healthful working conditions, to the extent possible and reasonable.
Generally, each employer must provide a work place free from recognized hazards. Employers must also use occupational practices or methods necessary to protect their workers. Further, it is the responsibility of the employer to know the standards, to implement them, and to assure that employees both have and use any necessary personal protective equipment.
4. Employee Health and Safety Rights. In general, as an employee your health and safety rights include:
(a) a safe and healthful workplace;
(b) participation in an OSHA inspection of your workplace, by bringing to the attention of an OSHA inspector any condition you believe violates OSHA standards;
(c) access to information about job-related accidents and injuries at your workplace;
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(d) filing a workplace complaint with OSHA, or with the State
Division of Workers' Compensation, 815 Front Street, Helena,
Montana 59601 [(406) 449-2047], or with your union or employee
organization representative.
5. Complaints and Further Information. Other state and
federal laws provide safety standards for specific occupations. If you are
in some particularly hazardous occupation, there may be special laws
applying to your situation. Often, these laws require that employers put
up safety posters to tell you where to inquire for further information or
assistance. If no such poster appears at your work place, the State
Workers' Compensation Division may be able to give you information or
assist you, or you may file your complaint with the Occupational Safety
and Health Administration (OSHA), U.S. Department of Labor,
Washington, D.C. 20210.
Both OSHA and the Workers' Compensation Division will withhold your name if you file a complaint and if you specifically request that your name not be made available. Further, the law prohibits your employer from discriminating against you because you have filed a complaint or have exercised any rights under this law. If you believe such action is being taken against you or has been taken against you, you should file a complaint within 30 days of the date of the discriminatory action.
H. Compensation for Job-Related Injuries
If you are injured on the job or contract an occupational disease, you may be entitled to receive Workers' Compensation. Generally, every "employer" in the state of Montana is covered by the Montana Workers' Compensation Act [§ 39-71-101 et seq., MCA 1978].
In general, the Workers' Compensation Act in Montana covers "injuries" (including certain employment-related diseases), and death.
1. When to Report an Injury. Any job-related injury which does not result in death must be reported to the employer or the employer's insurer within 60 days after the occurrence of the accident alleged to have caused the injury. The only exception is for the injured workers who are mentally incompetent and without a guardian, or who are minors (under 18 years of age) and without a parent or guardian. For these groups the act's time limitations are suspended until a guardian is appointed or the minor reaches 18 years of age, whichever is earlier [§ 39- 71-602, MCA 1978].
2. Notice of Injury. The required notice of injury must state the name and address of the injured person; the time and place where the injury occurred; the nature of the injury; and must contain the signature of the injured person or someone on her behalf.
If the employer or the employer's agent or superintendent actually knows of the injury, that knowledge is adequate notice [§39-71-603, MCA 1978]. However, the problem with relying on such actual notice is that if the employer later claims not to have known, you may not be able to prove that notice existed, unless you gave the notice in writing.
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3. Requirements for Claims. The act provides that claims are forever barred unless presented in writing to the proper party (the employer, the insurer, or the Workers' Compensation Division, depending on the type of insurance the employer has) within 12 months from the date the injury occured [§ 39-71-601, MCA 1978]. Claims must be presented either by the claimant herself or by someone legally authorized to act for her.
The only exception to the 12-month claims limitation is when the claimant can give a reasonable showing that she did not know about her disability, in which case the Division may waive the time limit for up to an additional 24 months.
4. Insurers. In Montana, employers may elect one of three insurance methods. They may self-insure, if they meet the law's requirements for fiscal responsibility; they may purchase insurance from an insurer approved by the Workers' Compensation Division; or they may insure through the State Workers' Compensation Division itself.
5. Claims. An employer must provide employees with information about how to file workers' compensation claims. For further information, contact the Workers' Compensation Division, Montana Department of Labor and Industry, 815 Front Street, Helena, Montana 59601 [(406) 449- 2047].
I. Unemployment Insurance
Unemployment insurance is a weekly benefit paid for a set number of weeks to eligible workers for periods when they are unemployed through no fault of their own. Montana, like other states, has its own unemployment insurance program, and pays benefits out of a fund collected from a special tax on Montana employer payrolls. Federal law requires states' programs to meet at least certain minimum require- ments. Also, the federal government provides benefits for civilians laid off from federal jobs and for persons discharged from the Armed Forces.
1. General Coverage Requirements. To qualify as an "insured worker," a person must have been paid wages for "insured work" during a "base period" in an amount that is at least one and one half times the amount she was paid in the highest paid calendar quarter during the base period.
A "calendar quarter" is a period of three consecutive calendar months ending on March 31, June 30, September 30, or December 31, of any calendar year. For purposes of unemployment insurance, the "base period" is the first four of the five full calendar quarters which immediately precede the first day of the week that a person files for unemployment insurance.
That is, if a person was laid off on July 7, 1979, her "base period" would run from April 1, 1978, through June 30, 1979. Her "base period" would thus include the quarters from April 1 through June 30, 1978 (No. 1); from July 1 through September 30, 1978 (No. 2); from October 1 through December 31, 1978 (No. 3); from January 1 through March 31, 1979 (No. 4).
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This employee would qualify for unemployment benefits if during that entire time, from April 1, 1978, through March 31, 1979, she earned at least one-and-a-half times as much as she earned in her highest paid quarter during that time.
For example, if this employee's highest paid quarter during her base period was from January 1, 1979, through March 31, 1979, and she earned $2,100 from insured work during that quarter, she would be covered if, for the full four quarters of her base period, she earned a total of at least $3,150 from "insured work."
New law. After July 1, 1980, a person, in order to qualify, must have had at least 20 weeks of work with an average earning of $50 per week during the base period, and the total base period wages must be at least $1,000.
2. Insured Work. Most jobs are covered by unemployment insurance law and are thus "insured work." There are some exceptions, however, including certain agricultural labor and domestic work; services by a parent or spouse or minor child of the employer; home deliveries by newspaper carriers; services by real estate, securities, and insurance sales people paid solely by commissions and without guarantee of minimum earnings; services to certain schools by regularly enrolled students; and similar types of services.
3. Eligibility for Benefits. To be eligible for unemployment benefits, you must be totally unemployed for at least one week, and be available for and seeking work. You must not refuse a suitable job offer.
In addition, your unemployment must be "involuntary." In general, that means that if you leave employment without "good cause," or if you are discharged due to your own "misconduct," you will be disqualified for benefits for a set number of weeks, although after that time you may qualify for benefits.
4. Benefits for Pregnant Women. Montana does not deny benefits solely because a woman is pregnant or was recently pregnant. However, for a pregnant woman to get unemployment insurance, she would have to meet the general requirements and eligibility tests. She must be seeking work and must be available for and able to work.
5. Duration of Benefits. The duration of benefits depends on a special formula in the Montana law. The minimum duration for eligible workers is 12 weeks and the maximum is 26 weeks. This is determined by the ratio of the total base period earnings to the earnings in the worker's highest quarter during the base period. In the example used earlier, where the highest quarter was $2,100, and the amount for the total base period was $3,150, the worker would receive benefits for 12 weeks.
However, if that worker had been employed at the same salary for the entire four quarters of the base period and had earned $2,100 in each quarter, her total salary would have been $8,400, and she would be able to receive unemployment compensation for the total 26 weeks [§39-51-2204, MCA 1978].
During certain periods of high state or national unemployment
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insurance payments, there may also be an extended benefit period which adds extra weeks of insurance coverage.
6. Weekly Benefit Amount. At present, the minimum weekly benefit amount is 15% of the "average weekly wage," and the maximum weekly benefit amount is 60% of the "average weekly wage."
The average weekly wage is calculated each May 31, under the following formula: The sum of total wages paid by all employers who pay into the unemployment insurance system is divided by the average monthly number of individuals reported as employed during the preceding calendar year. The resulting figure is divided by 52, the number of weeks in the year, and that result is the "average weekly benefit." Thus, 15% of that amount is the lowest possible unemployment amount to a covered applicant, and 60% is the highest.
For amounts above the minimum and under the maximum, the weekly benefit amount is one-twentysixth of a worker's total wages for insured work during the calendar quarter of her base period in which her wages were highest, rounded to the nearest whole dollar. Thus, in the example used above, the worker who earns $2,100 during the most highly paid quarter of her base period, would get, as her weekly benefit amount, $81 .00 [$2, 100 divided by 26 is $80.76 (rounded to the nearest whole dollar: $81.00)] [§ 39-51-2201, MCA 1978].
New law. After July 1, 1980, the method of computing the weekly benefit amounts above the minimum and below the maximum will change. That amount will be the total base period wages divided by the number of weeks of covered employment times 50%.
Thus, if a person worked for 30 weeks during the base period and earned $4,200 during that period, her weekly benefit amount would be $70. ($4,200 divided by 30 is $140. 50% of $140 is $70.)
The minimum and maximum benefit amounts remain the same under the new law.
7. To Apply for Benefits. To apply for unemployment insurance, visit your nearest local Job Service Office (Appendix A), or if you live too far away, write or telephone.
In Montana, the Employment Security Division, which is a part of the Montana Department of Labor and Industry, administers employment services, including the Job Service offices, and unemployment insurance. At the local level in Montana, these two functions are handled in the same office.
8. If You Are Denied Benefits. If you are denied unemployment benefits, you have a right to appeal that denial. Your employer also has a right to appeal, if the employer feels that you should not get benefits [§ 39- 51-2402, MCA 1978]. The time limits for such appeals are quite short, so be sure to observe them very carefully. Otherwise, your appeal may be cut off entirely.
J. Other Employment Allowances
The Federal Disaster Relief Act provides assistance for communities
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and businesses in areas where major natural disasters have occurred. It also provides disaster unemployment allowances in the form of weekly benefits for eligible persons whose jobs or earnings have been adversely affected by disaster. Your nearest Job Service Office should be able to answer questions about this if any area in Montana is affected by such a disaster.
The Federal Trade Act of 1974 provides special help to American workers who are totally or partially unemployed or underemployed due to competition from foreign imports. This act may provide allowances to supplement state unemployment insurance payments and other types of benefits. Your local Job Service Office should also have information about this program.
K. Union Membership
1. National Labor Relations Act (NLRA). The National Labor Relations Act (NLRA) as amended by the Labor-Management Relations Act is the major labor law in the United States. It gives employees the right to form, join, or assist labor unions; to bargain collectively through representatives of their own choosing, on wages, hours and other terms of employment; or to strike for better working conditions. It also gives the right not to join a labor union and not to participate in union activities, except where membership is required for employment.
2. Jobs Covered by Union Contracts. If membership is required for employment, you do not have to be a member of the union to be considered for the job and hired. Usually the contract between the union and the employer allows a grace period of not less than 30 days for a new non-member employee to join the union. In some cases where the job is covered by a union contract, you may not be required actually to join the union, but you may be required to pay an amount equivalent to union dues. The theory behind this requirement is that since you will benefit from union activities even if you are not a member, you should help to pay for those activities.
3. Unfair Labor Practices Under the NLRA. The NLRA defines "unfair labor practices," and prohibits such practices. Examples of unfair labor practices on the part of employers include: interference with, or restraint or coercion of employees in the exercise of the rights provided under the NLRA; dominating or interfering with the formation or administration of a union; contributing financial or other support to the union; discriminating in hiring, tenure, or terms and conditions of employment in order to encourage or discourage union membership; discharging or discriminating against an employee for filing charges or giving testimony in a case arising under the NLRA; and refusing to bargain collectively in good faith with the union.
The NLRA also prohibits unfair labor practices on the part of unions. These include: restraining or coercing workers in the exercise of their rights; requiring workers to pay membership or initiation fees that are excessive or that discriminate between members; causing an employer to
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discriminate against a worker; or refusing to bargain collectively in good faith.
4. Workers Not Covered by the NLRA. The NLRA does not cover agricultural laborers, domestic workers, independent contractors, supervisors, persons subject to the Railway Labor Act, federal, state or local government employees, and certain hospital workers.
5. Further Information. For further information, write the nearest office of the National Labor Relations Board, 2948 Federal Building, 915 Second Avenue, Seattle, Washington 98174.
6. The Federal Labor-Management Reporting and Disclosure Act. The Federal Labor-Management Reporting and Disclosure Act gives all union members equal rights in the following matters: nominating candidates for union office; voting in union elections and referendums; and participating in membership meetings. A covered union can raise fees or impose assessments only upon a majority vote by secret ballot of members in good standing. Also, all workers covered by a collective bargaining agreement must have access to a copy of the agreement. Such agreements cannot be kept secret from those they cover.
The Labor-Management Services Administration (LMSA), U.S. Department of Labor, enforces certain sections of this law. Other sections must be enforced by a private civil action in federal district court. Further information is available from the Labor-Management Services Administration, U.S. Department of Labor, Washington, D.C. 20216.
7. Montana Law. In Montana, public employees (persons employed by the state or local governments) are covered by the Montana law on collective bargaining for public employees. In general, many of its provisions are similar to those of federal collective bargaining law in terms of rights granted to organized employees [§ 39-32-101 et seq., MCA 1978]. In addition, Montana also provides special collective bargaining provisions for nurses [§ 39-32-101 et seq., MCA 1978].
In general, the Montana Board of Personnel Appeals, which is attached to the state Department of Labor and Industry, determines whether or not a group of public employees is an "appropriate unit" for collective bargaining purposes, and handles disputes about "exclusive representation" and other matters relating to contract negotiations, disputes over the collective bargaining agreement, and other matters requiring mediation. The board handles hearings on charges of unfair labor practices against either a collective bargaining unit or the public employer.
L. Rights of Discarged Employees
In Montana it is unlawful for any person who has fired an employee to prevent or try to prevent the employee from finding a new job [§39-2- 802, MCA 1978]. This is one of the provisions of Montana's "blacklisting" law.
An employee who has been fired has a right to get a written statement of reasons for the firing from the employer. This statement
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must be "full, succinct, and complete." If the employer refuses to give such statement within a reasonable time after the employee asks, then the employer cannot give any statement about these reasons to anyone [§ 39-2-801, MCA 1978]. For example, if you are fired and your employer refuses to give you a written statement of reasons, it is unlawful for your employer to discuss any reasons for the firing if a possible new employer calls him for a reference.
If the employer who fired you does give any reasons after refusing you the written statement, he may be guilty of a misdemeanor [§ 39-2-804, MCA 1978], and may also be liable to you for punitive damages, if you sue [§ 39-2-802, MCA 1978].
It is unlawful for the employer to say or write anything that is intended to or has the effect of preventing the employee from getting a new job. The only exception to this appears to be where the employee did not ask for a written statement of reasons for the firing, or where the employee asked and the employer gave a statement with truthful reasons. In either of these situations the employer may give truthful reasons (which should be those in the statement if a statement was given) to any person with whom the employee has applied for a new job.
"Blacklisting" is the practice of placing "undesirable" persons on a list so that they will not be hired. Blacklisting is prohibited and is punishable by the same penalties stated above [§ 39-2-803 and 804, MCA 1978].
The county attorney is responsible for enforcing the misdemeanors mentioned above. The punitive damages, however, must be sought through a lawsuit by the employee against the employer.
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CHAPTER FOUR: EMPLOYMENT-RELATED
RETIREMENT RIGHTS AND BENEFITS
A. Social Security Benefits Under Title II
1 . Title II Coverage. The most common retirement plan is Title II of the Social Security Act, which provides the standard retirement, survivors', and disability benefits. The Title II trust fund is where your "FICA" payments go.
Title II provides retirement benefits at age 65, or as early as age 62, if you are willing to accept a reduced amount; disability benefits if you become disabled before age 65; and survivors' benefits for your dependents if you die. If you are covered under Title II, you will also be entitled to Medicare benefits.
2. Covered Workers. Approximately 9 out of 10 workers are covered by Title II of the Social Security Act, including most domestic employees and self-employed persons. Federal government employees are not covered by social security, but have their own retirement system. Coverage is optional for state governments, and Montana has elected to be covered by the system, so that employees of state government pay into both the social security program and Montana's Public Employees Retirement System (PERS).
3. Payments and Refunds. During your years of working, your employer deducts a specific percent from your paycheck, which must be matched by the employer, and this total amount paid into the social security program. These payments are not refundable even if you move from a covered job to a non-covered job, or stop working entirely. However, amounts paid into federal or state retirement systems may be refundable at your option upon leaving the system.
For self-employed persons, self-employment social security tax must be paid on net earnings when the federal income tax return is filed.
4. Required Minimum Earnings. Through the end of 1977, most employees earned a calendar quarter of credit toward coverage if they earned $50 or more in covered jobs during that quarter. Thus, an employee could have earned as little as $200 per year, $50 in each calendar quarter, to get a full year of coverage counting toward social security benefits.
During that period, a self-employed person would receive four quarters for any full year in which she had $400 or more in self- employment income.
Starting in 1978, both wages and self-employment income must be reported annually. An employee receives a quarter of coverage for each $250 she earns in a year. In other words, she will receive four quarters of coverage, if she earns $1000 or more during the year, regardless of the actual time of year in which she earned the money. For example, if an employee earned $1,200 in July, 1978, but nothing in the other months of 1978, she would receive credit for all four quarters of 1978.
The $250 earnings measure will increase each year after 1978 as the taxable wage base increases.
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5. Treatment of Cash Tips. If you receive cash tips of $20 or more per months, and work for one employer only, that amount counts toward qualifying for social security coverage, if your tips have been properly reported for social security purposes.
6. Application for Benefits. To receive social security benefits, you must apply. Contact your nearest local social security office. When you apply, the exact amount of your monthly cash benefit will be determined.
It is wise to contact your social security office up to three months before your planned retirement date, to avoid a serious delay in the processing of your checks.
7. Retirement Age. You may elect to retire at age 62 instead of 65. However, if you retire before age 65, your benefits may be reduced by as much as 20%, because based upon actuarial tables, you will receive benefits for a longer time. On the other hand, if you retire after age 65, you will get a special credit called a "bonus." This bonus is one-twelfth of one percent per month for the time you worked without receiving benefits from age 65 to 72. It is added on to your regular benefits. In 1982, the bonus will increase to an annual rate of 3%.
8. Working After Benefits Start. You may continue to work and earn income after you start receiving social security benefits. However, if you are under age 72, you will forfeit one dollar of benefits for each two dollars you earn over a specified amount.
After 1978, retirees under age 65 can earn up to $3,480 without forfeiture, and retirees who are 65 to 71 can earn up to $4,500. Persons 72 and older can earn unlimited amounts without a reduction in benefits, and in 1982 that age will be lowered to 70.
9. Retired Married Women. If you are married and employed outside your home, and if both you and your spouse worked at covered employment, you may be entitled to retirement benefits either on your own account or on your husband's as his "dependent." You will get the larger of the two amounts.
10. Widows' Benefits.
(a) Your Account or His: If you are a widow and your husband was covered under the social security program, you are entitled to widows' benefits. If you are retired and also covered on your own account, you will receive the larger of the amount payable on your own account and the amount your deceased husband would have received if he were still living. The amount on his account will include any credit he earned for continuing to work after age 65 without drawing benefits.
(b) Age for Widows' Benefits: You may start drawing widows' benefits when you are 60. However, if you draw at age 60, your benefits will be permanently reduced up to a maximum of 28V2%, depending on the number of months until your 65th birthday.
As a disabled widow, you may receive benefits as early as age 50, if your disability began no later than seven years after your husband died or seven years after the end of your entitlement to benefits as a widow with children.
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11. Spouse Pension "Offset." In 1977, a provision was added to the Social Security Act which will, for persons who become eligible for social security retirement benefits as a spouse or surviving spouse, reduce the social security payment dollar for dollar by the amount of any federal, state, or local government pension payment which the retiree has herself earned in employment not covered by social security. For most women, this provision is not to be effective until 1983; for divorced women married less than 20 years and for men, it was effective in 1978. If a court holds that the law cannot distinguish between men and women in this way, the offset will become effective for women at an earlier date.
12. Benefits for Divorced Women. If you are divorced but were married to your ex-husband for at least ten years prior to your divorce, you may eligible for social security benefits on your ex-husband's account when he retires, becomes disabled, or dies.
If you remarry while your are under age 60, your remarriage will terminate your benefit eligibility on your ex-husband's account. If you are 60 or over when you remarry, however, you will remain eligible.
13. Title II Disability. You may be eligible for monthly benefits if you are disabled and your disability occurred before you reached the age of 65, and if your disability prevents you from working and is expected to last for at least 12 months. Your age at the time you were disabled determines how many covered quarters of work are required for eligibility.
In general, the amount of your monthly disability payment will be the same as the retirement benefit you would get if you were 65.
Under Title II disability, your payments will not start until five full calendar months after you become disabled. Apply as soon as possible, because the procedures to determine whether or not your disability meets the stiff Title II standards take some time. You can get back payments if you delay your application, but these are limited to 12 months.
14. Dependent Children. When a parent insured under Title II becomes disabled, dies, or retires, her dependent children also become eligible for benefits. Dependent children include unmarried children under 18, unmarried children between 18 and 22 who are full-time students, and unmarried children over 18 who became disabled before 22 and continue to be disabled. Your children can get benefits on your earnings record even if your husband is working.
B. Medicare
Medicare is a health insurance program for people age 65 and over who qualify under the social security or railroad retirement programs. Medicare also covers disabled persons of any age who have been eligible for or are receiving monthly cash disability benefits for 24 months or more under the Title II disability program or the railroad retirement program.
Persons insured under Title II and who need a kidney transplant, or dialysis because of chronic kidney disease may also receive those
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benefits under Medicare, as may the spouses and children of insured workers.
Medicare consists of hospital insurance and medical insurance.
1. Hospital Insurance. Hospital insurance pays benefits for inpatient hospital care, for recuperation after a hospital stay in a nursing home, and for certain health services in a person's home. Most people who became 65 before 1968 are eligible for the Medicare hospital insurance, including those not fully covered for Title II social security benefits.
However, persons who turned 65 after 1968, and are not eligible for Title II social security benefits need extra quarters of work credit to qualify for Medicare hospital benefits. How many quarters are needed depends on the year a person turned 65.
Since 1976 (1975 for men), the requirement for this coverage is exactly the same as to become "fully insured" under Title II.
This program is financed by mandatory "contributions" from employers, employees, and self-employed persons. However, persons 65 and over who do not qualify under the programs above can purchase this insurance by paying a monthly premium for this and the medical insurance.
2. Medical Insurance. Medicare medical insurance pays 80% of "reasonable costs" for physicians' services, outpatient hospital services, home health services, and many other services and supplies not covered by the hospital insurance. Nearly all people entitled to the hospital insurance are automatically enrolled for the medical insurance, unless they specifically reject it during their initial enrollment period. A person may cancel the medical insurance, but may re-enroll only once.
Everyone covered by Medicare medical insurance must pay a monthly premium. This premium is lower for persons who enroll in the program at their first opportunity, and is higher for those who first reject coverage and then enroll later. It is generally under $10 per month.
C. Social Security Information
Contact your local Social Security office for current information about Title II programs and Medicare.
D. Pensions
Many retired workers have private or other pension plans to supplement their social security benefits. Some of these are personal plans, but most are employee pension plans sponsored by employers, unions, or jointly by employers and unions.
Some pension plans are financed entirely by employers and others are financed by employers with employee contributions. Some plans are "defined benefit plans," where the amount of the benefit is fixed but the amount of contributions is not, and others are "defined contribution plans," where the amount of the contribution is fixed but the amount of the benefit is not.
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1. The Employee Retirement Income Security Act (ERISA).
In 1974, Congress enacted the Employee Retirement Income Security Act (ERISA) to protect the interests of most workers who participate in private employee pension plans and their beneficiaries. This complex law is administered by the U.S. Department of Labor, the Internal Revenue Service, and a new agency called the Pension Benefit Guaranty Corporation.
ERISA sets standards on plan funding and transactions with plan assets; employee participation; formulas for accumulating pension credits (benefit accrual); vesting, protection for survivors; reporting and disclosure.
ERISA does not require companies to establish pension plans, and it does not set benefit levels. However, it does set up an insurance system for certain pension plans to assure that they do not terminate without paying benefits. It also prohibits employers from firing workers in order to avoid paying pension benefits.
ERISA also authorizes workers who are not participating in a qualified pension, profit-sharing, or similar plan, to defer taxes on their own contributions toward individual retirement accounts (IRA's), which are personal pension plans.
ERISA allows self-employed persons to set aside each year either $7,500 or 15% of their earned income, whichever is less for a "Keogh plan."
2. Company Plans. Under ERISA, your employer cannot refuse to let you participate in a "defined contribution plan" (one in which the amount of contributions is fixed but the amount of benefit is not) because you started working late in life. However, you may be denied participation in a "defined benefit plan" (one in which the benefit amount is fixed but the amount of contribution is not) if you are within five years of the plan's normal retirement age when you begin work.
3. Vesting. In general, "accrued benefits" are sums of money which are payable to you or your family as plan benefits because of your own cash contributions to the plan, and/or your employer's contributions on your behalf.
Your accrued benefits are "vested" at the time you receive a nonforfeitable right to receive the benefits at retirement, even if you leave your job before retirement age.
ERISA provides that benefits accrued from your own contributions to the plan must vest fully and immediately. Also, if you are employed under a pension plan at the time you reach the "normal retirement age" under the plan, all your accrued benefits must be fully vested.
ERISA attempts to provide some protection of benefits accrued from employers' contributions, for persons who leave a job before retiring. For this reason, ERISA requires that accrued benefits vest at least as fast as one of the following schedules:
(a) 100% vested after 10 years of service [but no vesting before completion of 10 years of service];
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(b) 25% vested after 5 years of service, with 5% annual increases for the next 5 years and 10% annual increases thereafter; or
(c) 50% vested after 5 years when the sum of your age and years of service equals 45, with 10% increases in each of the next 5 years (however, regardless of age, 50% vesting after 10 years of service and 10% more for each additional year of service).
Certain periods of service may be disregarded, for purposes of determining when accrued benefits vest. For example, years of service before age 22 may be disregarded.
Under the first two vesting schedules above, ERISA has also limited the circumstances where an employee will lose accrued benefits because of a break in service. For example, a plan cannot penalize participants for a break in service, as defined by ERISA, that is shorter than 1 year. The effects of breaks in service depend upon the type of plan, whether accrued benefits have vested, and how long the break is, compared with the length of service under the plan before the break.
4. Transferring Vested Pension Benefits. If you change jobs after your pension benefits vest, you can transfer your benefits from your old employer's plan to your new employer's plan, under certain circumstances.
If you receive a lump sum payout of vested benefits because you leave before retirement or your plan is terminated, you can avoid current taxes by depositing the funds in an individual retirement account (IRA), even though you may not otherwise be eligible for an IRA. You may also have this sum transferred to a new employer's pension plan, if the plan allows it and certain other requirements are met.
5. Survivor Protection. Some retirement plans pay benefits in the form of an annuity. An annuity is a payment of a fixed amount paid at regular intervals and for a set period of time or for life.
If your plan pays annuities and you are married, your plan may provide some income for your husband in the event of your death. In general, this type of plan must provide "joint and survivor" benefits at the plan's normal retirement age, provided that the employee does not retire before she reaches that age. These benefits should be automatic, unless the employee rejects them in writing.
Your own benefit amount can be reduced somewhat in order to get the joint and survivor benefit. Also, if you are eligible for early retirement but decide to keep working, you may have to elect the survivor annuity in writing to make sure that you have survivor coverage while you are still on the job.
6. Plan Termination Insurance. ERISA created a federally chartered insurance program to protect the vested pension benefits of employees in certain defined pension benefit plans. The plans must pay annual premiums based on the number of participants. When a covered plan terminates without enough assets to meet its pension obligations, a government corporation becomes a trustee for the plan and administers benefit payments, manages plan assets, and contributes additional funds up to a statutory limit.
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7. Your Right to Information. You and your family should know the details of your pension plan and any other employee benefit plan, such as health insurance, death or disability insurance, sick leave, vacation leave, apprenticeship or other training programs, day care centers, scholarship funds, prepaid legal services, and any others.
ERISA requires administrators of plans covered by the law to furnish participants and beneficiaries summary descriptions of what the plans provide and how they operate.
This description must be written in language that most people can understand. It also must be accurate and comprehensive enough to give the participant a reasonable understanding of her plan rights and obligations.
If you are a plan participant, you are entitled to a summary of the plan's annual financial report.
You are also entitled to get a statement from the plan, as often as once during each 12 month period, setting out your total accrued benefits and your total vested benefits, or the earliest date on which your benefits will vest. This request must be in writing.
Under ERISA, some documents must be furnished to you automatically, some must be furnished upon your request and must be provided either free or at a reasonable charge, and some must be available to you at the principal office of the plan's administrator and certain other places.
8. Further Information. For further information about your pension plan, contact your employer's personnel officer, your supervisor, your employee representative, or other person who should have this information.
You may obtain further information on your rights as a pension plan participant and on what protections you may have in the event your plan is terminated, from the Labor-Management Services Administration, U.S. Department of Labor, Washington, D.C. 20216 [pension rights], and from the Pension Benefit Guaranty Corporation, 2020 K Street N. W., Washington, D.C. 20006 [termination protections].
E. Personal Plans
1. "Keogh Plans" for the Self-Employ ed. Persons who are self- employed may put a part of their earned income each year into a fund that can earn tax-free income until it starts paying out at retirement. An additional benefit of this type of "Keogh plan" is that income tax is deferred on contributions to the fund until the payout. Thus, this type of plan reduces the amount of earned income on which the person must pay current income tax, delaying that until a time when the total income is likely to be less. The contribution limit on a Keogh plan is $7,500 or 15% of earned income, whichever is less.
2. Individual Retirement Accounts (IRA's). If you are working but not an "active participant" during the year in a tax-qualified corporate plan, tax-deferred annuity program, Keogh plan, or
38
governmental retirement plan, you can set up an individual retirement account (IRA).
(a) Funding an IRA: Your IRA is funded by your own contributions, and if your husband is not employed you may also make contributions for him.
(b) IRA Contribution Limits: You can set aside up to 15% of your earnings for your IRA, up to $1,500 a year for just yourself, or $1,750 for both yourself and your unemployed husband.
If you and your husband are each eligible for IRA's, you can each contribute 15% of your earnings, to a maximum of $1,500 apiece, annually, in your own separate IRA's.
If you and your husband set up a joint IRA, however, then each of you must contribute an equal amount to the joint IRA, up to a maximum of $875 each, for an annual total of $1,750. For example, you may each contribute $200 per year, for an annual total of $400. Or, to reach the maximum, you may each contribute $875. However, you may not make unequal contributions of any amount. For example, you cannot pay in $1 ,500 and have your husband pay in $250, even though the total amount is within the maximum allowable.
(c) Federal Taxation of IRA's: Tax is deferred on contri- butions to and earnings of IRA's until these funds are withdrawn as retirement benefits. You must begin drawing IRA benefits no later than age 70V2. Generally, you are subject to a tax penalty if you begin withdrawing before age 59V2.
(d) Investment of IRA Funds: Funds in IRA's must be invested in one of three ways: special retirement annuities that do not begin paying out until you have reached a specified age after 59V?, a special type of U.S. Treasury bond; or a trust administered by a bank or other approved institution.
You may establish more than one IRA, either within a single year or over a period of years, as long as your combined contributions do not exceed the annual limits. Your separate IRA's may be in different investment forms.
(e) Transfers and "Rollovers": Once a year you may, if you wish, withdraw funds from one IRA and, within 60 days, transfer them tax-free to another IRA. Tax-free "rollovers" are also permitted from an IRA to a qualified retirement plan and from a qualified retirement plan to an IRA.
If you receive a lump sum payout from a prior pension plan because you left a job before retirement or because your plan was terminated, and you set up one IRA with that payment, the annual IRA contribution limits do not apply.
3. Montana Public Employee's Deferred Compensation Plan. Since 1974, Montana has allowed the setting up of deferred compensation funds. Public employees may pay part of their salaries into such a fund, and tax is deferred until the time for payout [§ 19-2-101 et seq., MCA 1978].
4. Further Information. Tax Information on self-employed
39
retirement plans and IRA's is available from your nearest Internal Revenue Service office or from the Internal Revenue Service headquarters, U.S. Department of the Treasury, Washington, D.C. 20226.
You can get a "Buyer's Guide" on IRA's from the Federal Trade Commission, Washington, D.C. 20580. The Pension Benefit Guaranty Corporation, 2020 K Street N. W., Washington, D.C. 20006, can give you advice on whether an IRA might suit your retirement plan needs.
For further information on Montana's deferred compensation program for public employees, contact the Insurance and Legal Division, Montana Department of Administration, Room 203, Sam W. Mitchell Building, Helena, Montana 59601 [(406) 449-2421].
F. Montana Public Employee Retirement Plans
1. Public Employees' Retirement System. Most public employees in the state of Montana are covered by state-run retirement plans. The largest of these is the Public Employees' Retirement System (PERS), which covers most state employees, and many employees of local governments which have elected to come into the system [§ 19-3-101, et seq., MCA 1978].
2. Other Public Employee Plans. Montana also has separate statewide retirement systems for teachers [Title 19, Chapter 5, MCA 1978]; highway patrol [Title 19, Chapter 6, MCA 1978]; sheriffs [Title 19, Chapter 7, MCA 1978]; game wardens [Title 19, Chapter 8, MCA 1978]; police state and local systems) [Title 19, Chapter 9 and 10, MCA 1978]; and firefighters [Title 19, Chapter 11 and 12, MCA 1978].
3. Further Information. The plans are all administered by the Public Employees' Retirement Division, Montana Department of Administration, 1712 Ninth Avenue, Helena, Montana 59601 [(406)449- 3154].
For further information, contact your employer's personnel office, your supervisor, your employee representative or the Public Employees' Retirement Division.
40
INDEX
|
Subject |
Page Number |
|
Acting on job rights |
2 |
|
Ads for jobs |
7 |
|
Administrative agencies |
2,3,5 |
|
Definition |
2 |
|
Procedures |
3 |
|
Role of |
2,5 |
|
AFDC Program |
5 |
|
Affirmative action/apprenticeship programs |
9 |
|
Age Discrimination in Employment Act, federal |
14, 15, 18 |
|
Aid to Families with Dependent Children |
5 |
|
Applicants for employment (see Job applicants) |
|
|
Apprenticeship Bureau (see Montana Apprenticeship Bureau) |
|
|
Apprenticeship Programs Admission requirement |
9 |
|
Affirmative action |
9 |
|
Standards |
9 |
|
Apprenticeships |
8-9 |
|
Attachment of wages |
19 |
|
Bankruptcy court order |
20 |
|
Child support & alimony |
20 |
|
Definition of |
19 |
|
Determining which law applies |
20 |
|
Discharge, prohibition of |
|
|
Federal law |
19 |
|
Montana law |
19 |
|
Earnings, federal definition |
19 |
|
Exemption for earnings of judgment debtor |
19 |
|
"Family member," definition |
19 |
|
Federal formula |
19 |
|
Federal law |
19 |
|
Garnishment |
19-20 |
|
Money owed on federal taxes |
19 |
|
Montana law |
19-21 |
|
Montana procedures |
19 |
|
41 |
Wages 19-21
Blacklisting 30-31
Punitive damages 31
Reason for discharge, right to 30-31
Remedies 31
Bona fide occupational qualification 1, 7, 14
CETA (Comprehensive Employment and Training Act) 5, 11
Childcare and household help tax credit (see Tax credit for childcare and household help)
Civil Rights Act of 1964, Title VII of (see Title VII)
Code of Fair Practices, Montana Governmental (see Montana Governmental Code of Fair Practices)
Collective bargaining (see Unions)
Commissioner of Labor & Industry 21
Complaints
Age Discrimination in Employment Act Documentation 3, 4
Equal Pay Act 18
Information for filing 2, 3, 4
Maternity leave 20, 21
Montana Human Rights Act 1, 4, 7, 8, 9, 10, 12, 14, 15, 18
Occupational health and safety 24, 25
Private employment agencies 6, 7, 8
Promotion 18, 19
Proof 3
Retaliation for making 3, 4
Sexual harassment 11, 12, 13
Time for filing 3
Title VII 4, 10, 12, 13, 14, 15, 18, 21
Validity 3
Where to file 7, 8, 13, 14, 19, 21, 25
Comprehensive Employment and Training Act (CETA) 5, 11
Deferred compensation plans 39, 40
Discrimination
Apprenticeship programs 8, 9
Mental handicaps 9, 10, 15
Physical handicap 9, 10, 15
Pregnancy 2, 21
42
|
Promotions |
18, 19 |
|
Sex |
9, 10, 11 |
|
Unions |
17 |
|
Job ads |
7 |
|
Job applicants |
|
|
Medical excuses |
16 |
|
Prohibited grounds for discrimination |
5 |
|
Sorting and routing based on sex |
|
|
or other prohibited grounds |
8 |
|
Standards for hiring |
5 |
|
Job applications |
5,7 |
|
Prohibited bases of discrimination |
5 |
|
Job qualifications |
5 |
|
Job referrals |
7 |
|
Job Service (see Montana Job Service) |
|
|
Job standards |
5 |
|
Job training |
5 |
|
Joint apprenticeships and training committees |
8 |
|
Journey workers |
9 |
|
"Keogh plans" |
36,38 |
|
Labor Management Services Administration (federal) |
30,38 |
|
Labor Standards Division, Montana |
2, 7, 8, 18 |
|
Laws prohibiting sex discrimination in employment |
|
|
in federally funded programs |
11 |
|
Lie detector tests |
16 |
|
Maternity leave |
20,21 |
|
Complaints |
21 |
|
Federal law |
21 |
|
General provisions |
20,21 |
|
Montana law |
20,21 |
|
Retaliation |
20 |
|
Medical exams for job applicants |
16 |
|
Medicare |
32, 34, 35 |
|
Hospital insurance |
35 |
|
Medical insurance |
35 |
|
Persons covered |
35 |
|
Minimum wage |
17 |
43
Montana Apprenticeship Bureau 8, 9
Montana Board of Personnel Appeals 30
Montana Constitution, 1972 1
Montana Department of Health and Environmental Sciences 24
Montana Department of Labor and Industry 2, 7, 8, 24, 28, 30
Montana Employment Security Division, Department of
Labor and Industry 5, 28, 28
Montana Employment Security Division
Federal Trade Act of 1974 29
Montana Job Service 5, 28
Unemployment compensation 26, 27
Montana Governmental Code of Fair Practices 1, 9, 10, 11
Montana Human Rights Act 1, 4, 7, 8, 9, 10, 11, 12, 13, 14, 18
Acts prohibited 10, 15
Apprenticeship program 9
Complaints 15, 18, 19
Employees covered 10
Groups protected 10
Handicap discrimination 15
Individual court enforcement 14
Job referrals 7-8
Maternity leave 20-21
Pregnancy 20-21
Promotions 18
Retaliation 3-4
Sexual harassment 11-13
Montana Human Rights Commission 8, 13, 14, 15, 18, 19, 21
Montana Human Rights Division 2, 13, 14, 18
Montana Insurance and Legal Division,
Department of Administration 40
Montana Job Service 5, 9, 28, 29
Local offices (Appendix A) 49-50
Services provided 5, 7, 18
Montana Labor Standards Division 2-3, 7, 18
Montana minimum wage 17-18, 19
Montana Minimum Wage and Hours Act 17-19
Complaints 17-18
44
Information about 17-18
Length of standard work week 17
Non-salary compensation 17-19
Overtime pay 17
The Employee Retirement Income Security Act (ERISA) 36-38
General ERISA provisions 36-38
Information 38
Internal Revenue Service 36
Labor-Management Services Division 38
Pension Benefit Guaranty Corporation 36-38
Plan termination insurance 37
Right to information 38
Survivor benefits 37
Transfer of vested pension benefits 37
U.S. Department of Labor 36, 38
"Vesting" 36-37
Pension plan, public employees
Firefighters' retirement systems 40
Game Wardens' retirement system 40
Highway Patrol retirement system 40
Information 39-40
Montana Public Employees' Deferred Compensation Plan 39
Police retirement system 40
Public Employees' Retirement System (PERS) 40
Sheriffs' retirement system 40
Teachers' retirement system 40
Polygraph tests 16 Pregnancy (see maternity leave)
Private employment agencies 6-7
Fee schedule 6-7
Refunds ?
Promotions 18-19
Proof of complaints 3-4
Rehabilitation Act of 1973, Section 503 15
Retaliation 3-4
Blacklisting 4, 30-31
Complaints 4
45
Equal Pay Act
Governmental Code of Fair Employment Practices Human Rights Complaint Maternity leave Prohibited acts Title VII Retirement benefits Medicare
Montana Public Employees' Retirement System Personal pension plans Private employers' pension plans Social Security
Revenue sharing (State and Local Fiscal Assistance Act) Sex discrimination
Dependents covered
Itemization of deductions
Joint returns
Monthly basis for deductions
Place of care
Relationship of state and federal law
Relatives, payments to
Sliding income scale
Time limits on filing complaints Time to act Title VII
Acts prohibited
Complaints
Employers covered
Groups protected
Handicap discrimination
Individual court enforcement
Maternity
Pregnancy
Promotions
Retaliation
Sexual harrassment
1, 9, 10, 11
4
20
4
4
32-40
32, 34-35
40
38-40
35-38
32-35
11-13 21 21 22 21 21 23 23
23-24
14,
3, 13, 14, 15
3, 13, 14, 15
4, 10, 12, 14, 15, 18, 21
10
15, 19, 20, 21
10
10
15
14
21
21
18-19
3
12-13
46
Trades 8
Unemployment Compensation 12, 20, 27, 28, 29
Appeal from denial of benefits 28
Application for benefits 28
"Base period," definition 26-27
"Calendar quarter," definition 26
Denial of benefits 28
Duration of benefits 27-28
Eligibility 27
General coverage 26-27
Insured work 27
Job Service 28
Pregnant women 27
Qualifications 26-27
Sexual harassment as basis for claim 12-13
Time limits for appeal 28
Weekly benefit amount 28
Unemployment Insurance (see Unemployment Compensation)
Unions 12, 29-30
Covered jobs 29
Montana law 30
Nurses 30
Public employees 30
National Labor Relations Act 29-30
Sexual harassment as grounds for grievance 12-13
Validity of complaints 3
Veterans 5
Veterans' Employment Service 5
Wage and Hour Division, U.S. Department of Labor 3, 18
WIN Program 5
Women in the labor force, percentage 2
Women — Montana public policy on employment 1
Work Incentive Program (WIN) 5
Workers' Compensation 24-25
Coverage 24
How to make a claim 25-26
47
Information 25
Notice of Injury 25
Time to make a claim 25
Time to report injury 25
Workers' Compensation Division (see Montana Workers' Compensation Division
48
APPENDIX A
LOCAL JOB SERVICE OFFICES
Job Service Office
307 East Park
Anaconda, Montana 59711
563-3444
Job Service Office Billings East 624 N. 24th Street Billings, Montana 59101 248-7371
Job Service Office
Billings West
445 S. 24th Street W.
Billings, Montana 59102
652-2920
Job Service Office 220 W. Lamme Bozeman, Montana 59715 586-5455
Job Service Office 206 W. Granite P.O. Box 309 Butte, Montana 59701 792-0417
Job Service Office 513 East Main Street Cut Bank, Montana 59427 873-2191
Job Service Office 126 S. Montana St. Dillon, Montana 59725 683-5501
Job Service Office 238 Second Ave. S. Glasgow, Montana 59230 228-9369
Job Service Office 211 S. Kendrick Glendive, Montana 59330 365-3314
Job Service Office
1018 7th St. S.
Great Falls, Montana 59405
761-1730
Job Service Office
333 Main Street
P.O. Box 73
Hamilton, Montana 59840
363-1822
Job Service Office 416 First Street Havre, Montana 59501 265-4366
Job Service Office 715 Front Street Helena, Montana 59601 449-3044
Job Service Office 427 First Ave. E. Kalispell, Montana 59901 755-5071
Job Service Office 324 W. Broadway Lewistown, Montana 59457 538-8701
Joli Service Office 314 California Ave. Libby, Montana 59923 293-6282
Job Service Office
228 South Main
P.O. Box 1199
Livingston, Montana 59047
222-0520
Job Service Office
12 North 10th St.
Miles City, Montana 59301
232-1316
49
Job Service Office 539 S. Third St. W. P.O. Box 5027 Missoula, Montana 59806 728-7060
Job Service Office 417 Main Street P.O. Box 970 Poison, Montana 59860 883-5261
Job Service Office 402 First St. S. Shelby, Montana 59474 434-5161
Job Service Office 120 South Central Sidney, Montana 59270 482-1204
Job Service Office
608 Main Street
P.O. Box 669
Thompson Falls, Montana 59873
827-3472
Job Service Office
122 Second Ave. S.
Wolf Point, Montana 59201
653-1720
Telephone Area Code (406)
APPENDIX B
LOCAL VO-TECH CENTERS
Mr. Alex Capdeville, Director Helena Vo-Tech Center 1115 Roberts Street Helena, Montana 59601
Mr. Thomas E. Downey, Director Missoula Technical Center 909 South Avenue West Missoula, Montana 59801
Mr. Glenn Burgess, Director Billings Vo-Tech Center 3803 Central Billings, Montana 59102
Mr. Harry Freebourn, Director Butte Vo-Tech Center 404 South Wyoming Butte, Montana 59701
Mr. James Carey, Director Great Falls Vo-Tech Center 2100 Sixteenth Avenue South Great Falls, Montana 59405
APPENDIX C
STATE AGENCIES
Apprenticeship Bureau Montana Department of Labor
and Industry 35 South Last Chance Gulch Helena, Montana 59601 (406) 449-5600
Board of Personnel Appeal Montana Department of Labor
and Industry 35 South Last Chance Gulch Helena, Montana 59601 (406) 449-5600
50
Citizen Advocate
Office of the Governor
State Capitol Building
Helena, Montana 59601
(406) 449-3468
Toll free number 1-800-332-2272
Commissioner of Labor and
Industry 35 South Last Chance Gulch Helena, Montana 59601 (406) 449-2612
Employment Security Division Montana Department of Labor
and Industry Room 101, Employment
Security Bldg. Lockey and Roberts Helena, Montana 59601 (406) 449-3662
Human Rights Division
(and Human Rights Commission) Montana Department of Labor
and Industry Suite 300, Steamboat Block 616 Helena Avenue Helena, Montana 59601 (406) 449-2884
Insurance and Legal Division Montana Department of
Administration Room 203, Mitchell Building Helena, Montana 59601 (406) 449-2421
Labor Standards Division Montana Department of Labor
and Industry 35 Last Chance Gulch Helena, Montana 59601 (406) 449-5600
Montana Department of Health
and Environmental Services Room 200, Cogswell Building Helena, Montana 59601 (406) 449-2544
Public Employees' Retirement
Division Montana Department of
Administration 1712 Ninth Avenue Helena, Montana 59601 (406) 449-3154
Veterans' Employment Service Montana Department of Labor
and Industry 600 North Cooke Helena, Montana 59601 (406) 449-2062
Women's Bureau
Montana Department of Labor
and Industry 35 South Last Chance Gulch Helena, Montana 59601 (406) 449-5600
Workers' Compensation Division Montana Department of Labor
and Industry 815 Front Street Helena, Montana 59601 (406) 449-2047
51
APPENDIX D
FEDERAL AGENCIES
Bureau of Apprenticeship and
Training Employment and Training
Administration U.S. Department of Labor Washington, D.C. 20213
Equal Employment Opportunity
Commission
Region VIII: 1845 Sherman Street, Second Floor Denver, Colorado 80203
National: Washington, D.C.
20506
Labor-Management Services
Division U.S. Department of Labor Washington, D.C. 20216
National Labor Relations Board 2948 Federal Building 915 Second Avenue Seattle, Washington 98174
Occupational Safety and Health
Administration U.S. Department of Labor Washington, D.C. 20210
Office of Federal Contract
Compliance Programs Employment Standards
Administration U.S. Department of Labor Washington, D.C. 20210
Office of Interagency
Coordination Equal Employment Opportunity
Commission Washington, D.C. 20506 (Where to seek assistance if you you believe another federal agency has not handled your complaint properly)
Pension Benefit Guaranty
Corporation 2020 K Street, N.W. Washington, D.C. 20006
Regional Administrator
Employment and Training Administration
U.S. Department of Labor
1961 Stout Street
Denver, Colorado 80202 For complaints on state employment services, un- employment benefits, or CETA programs)
Wage and Hour Division Employment Standards
Administration U.S. Department of Labor 125 South State Street, Room 4311 Salt Lake City, Utah 84138
Women's Bureau Office of the Secretary U.S. Department of Labor Washington, D.C. 20210
52
APPENDIX E
MONTANA HUMAN RIGHTS COMMISSION SAMPLE COMPLAINT FORM
COMPLAINT OF DISCRIMINATION
DATE FILEO
CASE NO
|
Cause of Discrimination |
Area of Discrimination |
||
|
INSTHUCTtONS. if you believe you have been discriminated against (ill m this form as completely as possible Mail to Human Rights Commission 404 Power Btock Helena. MT 59601 |
Creed or Religion Age Sex Race, national origin or color Handicap physical or mental Political belief (state only) Marital Status |
Employment Training or education ^Housing Public accommodation* Financing .^Government services Retaliation (for Human Rignts activity) |
|
|
Complainants Name (indicate Mr or Ms ) |
Age |
||
|
Address Street or Boi No City Zip Code |
Telephone No |
Social Security No |
The following person always knows where to contact me
Name (indicate Mr or Ms )
Address
Street or Bon No City Zip Code
Telephone No
The person employer organization or agency who I believe discriminated against me is
|
Name |
Address |
Telephone No |
|
T^pe of Organization |
City County, Zip Code |
|
|
Date Most Recent or Continuing Discrimination Took Place (Month Day Year) |
If action has been sought through any other agency give name and address |
Explain as fully as possible how you believe you were discriminated agamst with as many details and statements of fact as you can provide if more space >s needed attach additional pages
i swear or affirm that i have read the above charge and that it is true to the best of my knowledge, information and belief
Your Signature
Subscribed and sworn to before me this day of_
Notary Public tor the State of Montana Residing at
My Commission eipireS- SEE NON-RETALIATION NOTICE ON REVERSE SIDE
53
PROVISIONS PROHIBITING RETALIATION
Section 64-306 (8). RCM 1947 slates
It is an unlawful discriminatory practice tor a person to discharge, expel, blacklist, or otherwise discriminate against an individual because he has opposed any practices forbidden under this act or because he has filed a complaint, testified, assisted, or participated in any manner in an investigation or proceeding under this act
Section 64-312. R C M 1947. states
Unlawful to violate act— penalty. (1) It is unlawful for a person to aid. abet, incite, compel or coerce the doing of an act forbidden under this act or to attempt to do so
(2) No person or institution may discharge or discriminate against any other person because he or she has made a complaint, assisted with an investigation or proceeding under this act or in any other manner opposed any practice made unlawful under this act
(3) A person, employer, business, organization, corporation or agency, both public and private, who or which willfully engages in an unlawful discriminatory practice prohibited by this act or willfully resists, prevents, impedes, or interferes with the commission, the department or any of its authorized representatives in the performance of duty under this act or who or which willfully violates an order of the commission or violates this act in any other manner, is guilty of a misdemeanor and is punishable by a fine of not more than five hundred dollars ($500) or by imprisonment for not more than six (6) months or both
54
APPENDIX F
EQUAL EMPLOYMENT OPPORTUNITIES COMMISSION SAMPLE COMPLAINT FORM
|
(PLEASE PRINT OR TYPE) |
||
|
APPROVED BY GAO |
CHARGE OF DISCRIMINATION IMPORTANT This form Is affected by the Privacy Act of 1974; see Privacy Act Statement on reverse before completing It. |
CHARGE NUMBER'S) (AGENCY USE ONLY) |
|
B-180541(RO512) Expires 1-31-81 |
□ STATE/LOCAL AGENCY |
|
|
n EEOC |
(State or Local Agency)
. and Equal Employment Opportunity Commission
NAME (Indicate Mr . M> or Mr, )
STREET ADDRESS
HOME TELEPHONE NUMBER (Include are* code!
CITY, STATE. AND ZIP CODE
NAMED IS THE EMPLOYER, LABOR ORGANIZATION, EMPLOYMENT AGENCY, APPRENTICESHIP COMMITTEE, STATE OR LOCAL GOVERNMENT AGENCY WHO DISCRIMINATED AGAINST ME. (If more than one list below).
NAME
TELEPHONE NUMBER (Include area code)
STREET ADDRESS
CITY, STATE. AND ZIP CODE
TELEPHONE NUMBER (Include area code]
STREET ADDRESS
CITY, STATE. AND ZIP CODE
CAUSE OF DISCRIMINATION BASED ON MY (Check appropriate boxesll D RACE D COLOR □ SEX D RELIGION
□ NATIONAL ORIGIN
□ OTHER (Specify)
DATE MOST RECENT OR CONTINUING DISCRIMINATION TOOK PLACE lUonlh. toy, tml tea >•
THE PARTICULARS ARE
|
D 1 also want this charge filed with the EEOC |
1 swear or affirm that 1 have read the above charge and thai It la true fo the best of my knowledge, information and belief |
|
1 will advise the agencies if 1 change my address or tele- phone number and 1 will cooperate fully with them in the processing of my charge in accordance with their pro- cedures. |
SIGNATURE OF COMPLAINANT SUBSCRIBED AND SWORN TO BEFORE ME THIS DATE (Day, month, and yean |
|
I declare under penalty of penury that the loreoomg it true and correct. |
|
|
NOTARY — (When necessary to meet State and Local Requirements) |
|
|
DATE; CHARGING PARTY (Signature) |
EEOC FORM 5C JAN 78
fREVIOUS EDITIONS OF ALL EEOC FORM 5 S ARE OBSOLETE AND MUST NOT BE USED
CHARGE FILE COPY
55
2,000 copies of this public document were published at an estimated cost of $1.37166 per copy, for a total cost of $2,743.33 which includes $2,350.00 for print- ing and $393.33 for distribution.
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