Montana Code 39-8-301. Deceptive practices prohibited
39-8-301. Deceptive practices prohibited. A professional employer organization or group may not:
Terms Used In Montana Code 39-8-301
- Department: means the department of labor and industry. See Montana Code 39-8-102
- group: means at least two but not more than five professional employer organizations, each of which is majority-owned by the same person. See Montana Code 39-8-102
- Licensee: means a person licensed as a professional employer organization or group under this chapter. See Montana Code 39-8-102
- Person: means an individual, association, company, firm, partnership, corporation, or limited liability company. See Montana Code 39-8-102
- Professional employer arrangement: means an arrangement by contract or otherwise under which:
(i)a professional employer organization or group assigns employees to perform services for a client;
(ii)the arrangement is or is intended to be ongoing rather than temporary in nature; and
(iii)the employer responsibilities are shared by the professional employer organization or group and the client. See Montana Code 39-8-102
- Professional employer organization: means :
(i)a person that provides services of employees pursuant to one or more professional employer arrangements or to one or more employee leasing arrangements; or
(ii)a person that represents to the public that the person provides services pursuant to a professional employer arrangement. See Montana Code 39-8-102
(1)make, issue, circulate, or cause to be made, issued, or circulated an estimate, illustration, circular, statement, advertisement, sales presentation, omission, or comparison that misrepresents the benefits, advantages, conditions, or terms of a professional employer arrangement or that is otherwise untrue, deceptive, or misleading;
(2)enter into an agreement to commit or by concerted action commit an act of boycott, coercion, or intimidation that results in unreasonable restraint of or monopoly in the business of professional employer services;
(3)file with the department or other public official or make, publish, disseminate, circulate, or deliver to a person a false statement of financial condition with the intent to deceive;
(4)knowingly:
(a)make a false entry of a material fact in a book, report, or statement of a person; or
(b)omit a material fact pertaining to the business of the person from a book, report, or statement of that person;
(5)permit the use or filing of a name, trade name, fictitious name, or business identity that is the same as or similar to or that may be confused with the name, trade name, fictitious name, or business identity of an existing licensee, governmental agency, or nonprofit organization; or
(6)commit any other practice determined by department rule to be deceptive.