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Rest Breaks in Montana There are no state or federal laws mandating employers to provide rest breaks to their employees, such as coffee breaks. However, if an employer does offer such breaks and they are less than 20 minutes, this time is considered work time and must be paid.
Under Montana law, the following types of workers are exempt from workers compensation coverage unless their employer chooses to provide it: Employees covered by federal laws for injury, occupational disease, or death. Household or domestic employees. Casual employees (those performing irregular or incidental work)
The Difference Between Independent Contractors And Employees In Montana. In Montana, independent contractors differ from employees in three key ways: They have an Independent Contractor Exemption Certificate (ICEC) issued by the state Department of Labor and Insurance or have purchased workers compensation insurance.
If the economic realities show that the worker is economically dependent on the employer for work, then the worker is an employee. If the economic realities show that the worker is in business for themself, then the worker is an independent contractor.
California Law states that a worker may be considered an independent contractor if (1) the worker has the right to control the performance of services, (2) the result of the work is the primary factor bargained for, and not the means by which it is accomplished, (3) the worker has an independently established business,

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Montana does not require employment contracts to be in writing. Oral employment contracts that contain all elements of a legal contract like offer, acceptance, and consideration can be upheld in court if a party can prove the terms of the contract were agreed upon.
The general rule is that an individual is an independent contractor if the person for whom the services are performed has the right to control or direct only the result of the work and not what will be done and how it will be done. If you are an independent contractor, then you are self-employed.

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