Rule 24.16.3004 - STATUS OF CERTAIN PERSONAL ASSISTANTS(1) For the purposes of wage and hour laws, a person with a disability receiving services of a personal assistant or an immediately involved representative of the disabled person, such as a parent or guardian, is not the employer of the personal assistant despite controlling the selection, management, and supervision of the personal assistant if: (a) the personal assistant is providing services to the disabled person pursuant to 53-6-145, MCA, and rules adopted by the department of public health and human services implementing that statute; and(b) the personal assistant is the employee of another person or entity that exercises an employer's control over the personal assistant, including employee discipline and termination.Mont. Admin. r. 24.16.3004
NEW, 1995 MAR p. 2145, Eff. 10/13/95; TRANS and AMD, from 24.16.111, 2024 MAR p. 474, Eff. 3/9/2024AUTH: 53-6-145, MCA; IMP: 53-6-145, MCA