It doesn't matter who you are, you are entitled to be treated with respect and integrity. Labor laws exist to ensure that employers are treating you fairly. Although it can sometimes seem like employers and managers have all the power in the workplace, understanding your rights as a worker can ensure that you get the respect and equitable treatment you deserve.

On this page, you'll find information about your rights as a worker in the state of Montana.  All states maintain pages for their own labor bureaus, so look for resources in your own state if you don't live in Montana. Read on to find out more about wage laws, employment discrimination protections (including sex discrimination,the rights of pregnant workers, and protections for people with disabilities), and other general protections for employees.

Montana Department of Labor and Industry

The Montana Department of Labor & Industry (DLI) is a state government organization that exists to uphold labor laws, ensure worker safety, and encourage business and employee relations. DLI accepts and investigates discrimination complaints, while offering protection against hostile work environments. 

You, as an employee, have the right to feel protected and secure at your workplace, and if this privilege is violated, then the Montana Department of Labor and Industry is there for your protection.  Find out more below about the most common forms of discrimination and other violations of worker rights.

As an employee in the state of Montana, when hired at a specific pay rate, your employer has a responsibility to uphold their end of the pay wage agreement.

If at any time you believe your wages and/or hours are less than accurate, you have the right to approach manager/ human resources about wage issue. If nothing is done about the issue, you are entitled to seek legal assistance. The Compliance and Investigations Bureau enforces Montana's wage laws, including the standards governing minimum wage, overtime pay, and other wage disputes.

According to the Montana DLI, there are certain business practices that are unlawful if based on a protected class.  That is, if an employer does any of the following based on your age, race, color, national origin, religion, creed, disability, marital status, sex, or political beliefs, they are in violation of the law. 

  • You cannot be fired (or refused employment) based on any of these factors
  • You cannot be denied maternity leave based on any of these factors
  • You cannot be denied labor union membership based on any of these factors
  • You cannot be refused equal treatment by employment agencies based on any of these factors
  • You cannot be paid differently than other employees for the same job based on any of these factors
  • If you require (reasonable) accommodation due to a medical and/or religious reason, you may request them. Your employer must accommodate if the law requires.
  • AND, you are protected from retaliation by an employer should you file a complaint regarding employment discrimination

Montana prohibits any form of sex-based discrimination in employment, housing, education, public accommodations, government services, insurance, credit, and finance. In particular, worker rights include:

  • prohibitions on discrimination or harassment based on gender stereotyping
  • prohibitions against sexual harassment, including
    • harrassment directed at employees because of their gender
    • unwanted verbal or physiclal conduct of a sexual nature

Although there is no mandatory paid parental leave requirements in the state of Montana (apart from state employees), Montana does prohibit employers from discriminating against pregnant employees in the following ways:

  • You cannot be discriminated against in hiring
  • You cannot be fired because of pregnancy
  • You are entitled for a "reasonable" leave of absence for childbirth, delivery, and related medical issues
  • You are not required, however, to take an unreasonable leave of absence
  • Disability, sick leave, vacation time, and other forms of leave can be used to support a leave of absence. Even if you have no such benefits, you are still entitled to maternity leave without pay.
  • You are entitled to be reinstated in your original position at the end of your maternity leave.

If you are a person with a disability, you are protected by both the Americans with Disabilities Act Amendments Act (ADAAA) and the Montana Human Rights Acts, both of which prohibit discrimination due to mental or physical disability.  Qualified persons with disabilities' are protected in the following ways:

  • May not be refused employment due to their disability
  • May not be fired due to their disability
  • Have a right to reasonable accommodations to filfill their job duties

For more detals on who is considered a "qualifed" person and what constitutes "reasonable accommodation," visit the Montana DLI's website dealing with disability and employment rights.

In addition to protections listed above, employees in the state of Montana are protected against a host of other employer behaviors. Other worker rights include:

If, for whatever reason, your employer is violating your rights, you have the right and responsibility to advocate for yourself.

A Note on Write-Ups: Employers use write-ups to formally reprimand workers for failing to follow company policy. They are also used by companies as legal cover to help prevent wrongful termination lawsuits so its important that you respond appropriately if you are falsely accused of something.

If you are being written up for something you did not do, or for something that is not clearly stated in your employee handbook, you DO NOT have to sign!  Instead, you can state your position politely and objectively and follow up with a written response stating the reasons you disagree with the write-up.  Be factual and include any evidence you have.

Be aware, however, that if a worker fails to respond to a notice of reprimand in an appropriate way (like refusing to sign a write-up upon being asked to do so), noncompliance may be cited as grounds for termination. Alternately, you can agree to sign only if the supervisor includes a line at the end stating that you do not agree with the charges leveled against you.

Find Additional Information

Visit the Montana Department of Industry and Labor for more information about the state laws regarding:

  • Blacklisting and Protection of Discharged Employees
  • Child Labor Standards Act
  • Deception as to character of employment, conditions of work, or existence of labor dispute
  • Discrimination for lawful product use during non-working hours
  • Employment of aliens not lawfully authorized to accept employment
  • Lie detector tests
  • Regulation of blood and urine testing
  • Wrongful Discharge

If you think any of your rights as an employee have been violated, visit our page on reporting violations to find out more about your options.

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