(1) To ease disparity between state and federal requirements and clarify the practices and policies that may guide the department's administration and enforcement of Montana wage and hour law, the department adopts and incorporates by reference the following sections of the Code of Federal Regulations, October 27, 2023, edition. These provisions provide examples describing the most frequently occurring situations and questions regarding wage payments in wage and hour regulation. 

(a) 29 CFR 531.2; 

(b) 29 CFR 531.3;

(c) 29 CFR 531.6(a) and (c);

(d) not adopt 29 CFR 531.6(b), which is replaced with the following:

(i) A collective bargaining agreement shall be deemed to be "bona fide" when it is made with a labor organization certified by the National Labor Relations Board, or which is the certified representative of the employees under the provisions of the National Labor Relations Act, as amended, or the Railway Labor Act, as amended, or the Montana Collective Bargaining for Public Employees Act, or the Montana Collective Bargaining for Nurses Act.

(e) 29 CFR 531.26, 29-32, 33(b), and 35;

(f) 29 CFR 547.0 through 547.2;

(g) 29 CFR 549.0 through 549.3; and

(h) 29 CFR 776.5 and 776.6.

(2) CFR regulations incorporated by reference are available at https://erd.dli.mt.gov/labor-standards/administrative-rules.