24.16.3004    STATUS OF CERTAIN PERSONAL ASSISTANTS

(1) For the purposes of wage and hour laws, a person with a disability receiving services of a personal assistant or an immediately involved representative of the disabled person, such as a parent or guardian, is not the employer of the personal assistant despite controlling the selection, management, and supervision of the personal assistant if:

(a) the personal assistant is providing services to the disabled person pursuant to 53-6-145, MCA, and rules adopted by the department of public health and human services implementing that statute; and

(b) the personal assistant is the employee of another person or entity that exercises an employer's control over the personal assistant, including employee discipline and termination.

History: 53-6-145 MCA; IMP, 53-6-145 MCA; NEW, 1995 MAR p. 2145, Eff. 10/13/95; TRANS and AMD, from 24.16.111, 2024 MAR p. 474, Eff. 3/9/24.