24.16.3001    DEFINITIONS

(1) "Administrator" means the administrator of the Employment Standards Division, Montana Department of Labor and Industry. The commissioner of Labor and Industry has delegated to the administrator the functions vested in the commissioner.

(2) "Amusement or recreational area" means a location that is characterized as being, or immediately adjacent to, a destination location such as a national park, ski area, or vacation resort area.

(3) "Amusement or recreational establishment" means businesses with locations at an amusement or recreational area, such as the concessionaires at amusement parks, resorts, and ski areas. The term does not include food services or hospitality establishments located in the area, other than direct concessionaires of the primary amusement or recreational area operator.

(4) "Direct and close supervision" means a qualified and experienced person supervising the student-employee and continually available when the student-employee is working to supervise, give direction, and check the work of the student-employee.

(5) "Division" means the Employment Standards Division of the Montana Department of Labor and Industry.

(6) "Establishment" refers to a distinct physical place of business rather than to an entire business or enterprise which may include several separate places of business.

(7) "Independent contractor" means an individual working under an independent contractor exemption certificate provided for in 39-71-417, MCA.

(8) "Nonprofit" means a nonprofit corporation as defined in Title 35, chapter 2, MCA.

(9) "Organized camp" means a camp which:

(a) provides a sustained experience with a creative recreational and educational opportunity in a group living setting in the outdoors; and

(b) uses trained leadership and the resources of the natural surroundings to contribute to each camper's mental, physical, social, and spiritual growth.

(10) "Qualified and experienced person" means a journey-worker level employee or equivalent highly skilled employee, in the same occupation as the student-employee and who supervises the student-employee.

(11) "Religious or educational conference center" is a meeting center providing for religious, educational and leadership growth experiences for youth or adults.

(12) "Safety instruction" means a minimum of 10 hours of offsite safety instruction, such as an OSHA 10 class, in addition to onsite safety instruction directly related to the occupation of the student-employee.

(13) "Seasonal" means seven months or less.

(14) "Student" means an individual who is attending an accredited school, college or university and is employed on a part-time basis.

 

History: 39-3-202, 39-3-403, 39-71-417, 41-2-117, MCA; IMP, 39-3-201, 39-3-401, 39-3-404, 39-3-405, 39-3-406, 39-71-417, 41-2-103, 41-2-107, 41-2-109, 41-2-110, MCA; Eff. 12/31/72; AMD, 2018 MAR p. 439, Eff. 2/24/18; TRANS and AMD, from 24.16.102, 2024 MAR p. 474, Eff. 3/9/24.