Montana: employee or independent contractor?

The test depends on which law you're dealing with. A worker can be a contractor for one law and an employee for another.

LawTestStatute
Unemployment insuranceother (state statutory test)MCA 39-51-201(15); MCA 39-71-417
Workers' compensationThe same ICEC (MCA 39-71-417) is issued under the workers' compensation chapter.—
Federal income tax, FICA, FUTAIRS common-law testIRS
Federal minimum wage and overtimeEconomic reality test (FLSA)DOL

Details and exceptions

Law: MCA 39-51-201(15); MCA 39-71-417

Running payroll in Montana?

Recent changes

Last verified against the official source on October 9, 2026.

No changes recorded since we started tracking this page.

All recent changes · RSS

Sources

We copy figures from official sources and re-check them against the source before every update. See our methodology. This is general information, not legal advice.