Montana Code 41-2-103. Definitions
41-2-103. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 41-2-103
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 41-2-103
- Domestic service: means an occasional, irregular, or incidental nonhazardous occupational activity related to and conducted in or around a private residence, including but not limited to babysitting, pet sitting or similar household chore, and manual yard work. See Montana Code 41-2-103
- Employer: includes an individual, partnership, association, corporation, business trust, person, or group of persons acting directly or indirectly in the interest of an employer in relation to an employee. See Montana Code 41-2-103
- employment: means an occupation engaged in, permitted, or suffered, with or without compensation in money or other valuable consideration, whether paid to the minor or to some other person, including but not limited to occupations as servant, agent, subagent, or independent contractor. See Montana Code 41-2-103
- Minor: means an individual under 18 years of age, except for an individual who:
(a)has received a high school diploma or a high school equivalency diploma;
(b)is 16 years of age or older and is enrolled in a registered state or federal apprenticeship program; or
(c)is 16 years of age or older and is a student-employee under the direct and close supervision of a qualified and experienced person with experience in the occupation in which the minor is employed as provided in 41-2-110. See Montana Code 41-2-103
- Occupation: means :
(a)an occupation, service, trade, business, or industry in which employees are employed;
(b)any branch or group of industries in which employees are employed; or
(c)any employment or class of employment in which employees are employed. See Montana Code 41-2-103
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)”Agriculture” means:
(a)all aspects of farming, including the cultivation and tillage of the soil;
(b)(i) dairying; and
(ii)the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, including commodities defined as agricultural commodities in the federal Agricultural Marketing Act, 12 U.S.C. § 1141j(g);
(c)the raising of livestock, bees, fur-bearing animals, or poultry; and
(d)any practices, including forestry or lumbering operations, performed by a farmer or on a farm as an incident to or in conjunction with farming operations, including preparation for market or delivery to storage, to market, or to carriers for transportation to market.
(2)”Department” means the department of labor and industry provided for in 2-15-1701.
(3)”Domestic service” means an occasional, irregular, or incidental nonhazardous occupational activity related to and conducted in or around a private residence, including but not limited to babysitting, pet sitting or similar household chore, and manual yard work. Domestic service specifically excludes industrial homework.
(4)(a) “Employed” or “employment” means an occupation engaged in, permitted, or suffered, with or without compensation in money or other valuable consideration, whether paid to the minor or to some other person, including but not limited to occupations as servant, agent, subagent, or independent contractor.
(b)The term does not include casual, community service, nonrevenue raising, uncompensated activities.
(5)”Employer” includes an individual, partnership, association, corporation, business trust, person, or group of persons acting directly or indirectly in the interest of an employer in relation to an employee.
(6)”Minor” means an individual under 18 years of age, except for an individual who:
(a)has received a high school diploma or a high school equivalency diploma;
(b)is 16 years of age or older and is enrolled in a registered state or federal apprenticeship program; or
(c)is 16 years of age or older and is a student-employee under the direct and close supervision of a qualified and experienced person with experience in the occupation in which the minor is employed as provided in 41-2-110.
(7)”Occupation” means:
(a)an occupation, service, trade, business, or industry in which employees are employed;
(b)any branch or group of industries in which employees are employed; or
(c)any employment or class of employment in which employees are employed.