24.16.7520    PROCEDURE FOR ISSUING WAGE CLAIM DETERMINATIONS REGARDING EMPLOYMENT STATUS OF INDEPENDENT CONTRACTOR

(1) Only disputes regarding the employment status of an individual for wage claim purposes, including whether that individual is acting as an independent contractor, shall be forwarded by the department to the Independent Contractor Central Unit (ICCU) for a decision pursuant to ARM Title 24, chapter 35, subchapters 2 and 3.

(2) To be considered an independent contractor for wage claim purposes, the individual must hold and be working under an independent contractor exemption certificate pursuant to 39-71-417, MCA, where such is required. When an individual is not required to hold an independent contractor exemption certificate, the test for determining whether an individual is acting as an independent contractor for wage claim purposes is that found at ARM 24.35.202.

(3) An individual required to hold and work under an independent contractor exemption certificate pursuant to 39-71-417, MCA, who does not is an employee for wage claim purposes.

(4) An independent contractor is not an employee, as defined by 39-3-201 and 39-3-402, MCA, and, therefore, is not subject to wage and hour provisions.

 

History: 39-3-202, 39-3-403, 39-71-417, MCA; IMP, 39-3-201, 39-3-402, 39-71-417, MCA; NEW, 1996 MAR p. 1668, Eff. 7/1/96; AMD, 2010 MAR p. 1608, Eff. 7/16/10; AMD, 2018 MAR p. 439, Eff. 2/24/18.