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Montana Final And Unclaimed Paychecks Laws

Final And Unclaimed Paychecks Laws In Montana

>>> About Final Paychecks Laws In Montana

State and federal law requires that employers give departing employees their final paycheck within a specified time period or - if a paycheck goes unclaimed - to follow state escheatment rules. The rules in Montana for both are included below.

Montana final paycheck rulesMontana's Requirements For When To Send Final Paychecks

Montana employers are required to provide the final paycheck as follows:
  • If The Employee Quits:
    The next scheduled payday or within 15 days, whichever comes first
  • If The Employer Terminates The Employee:
    Immediately (though employers can maintain a written policy that extends this time to the next payday or within 15 days
What Should Be Included In A Final Paycheck In Montana

The final paycheck should contain the employee's regular wages from the most recent pay period, plus other types of compensation such as commissions, bonuses, and accrued sick and vacation pay. Employers can withhold money from the employee's last paycheck if the employee owes your organization.

Can An Employer Withhold A Final Paycheck?

Though an employer might be able to deduct the cost of the equipment from the final pay of non-exempt employees, they generally cannot withhold unpaid wages from ex-employees. Failure to follow state final paycheck laws could lead to fines and penalties, so be sure to consult with legal counsel before taking any actions to hold a final paycheck.

How To SendThe Final Paycheck

For More Info On Final Paychecks

For more about Final Paychecks, go to https://www.payrolltrainingcenter.com/payroll-requirements-for-terminated-employees-wt1000388


>>> About Unclaimed Paycheck Laws In Montana

Believe it or not, you just can't keep a paycheck that an ex-employee doesn't take. Even if a check is abandoned, the employer has no right to void the check and keep the funds.

Technically, unclaimed paychecks are subject to 'escheat' laws as unclaimed property under the laws of the state where the employee last worked. This means that employers are required to follow their state's laws for submitting unclaimed paychecks to the state. Not doing so can subject employers to fines and penalties.
Montana final paycheck rules
Montana's Requirements For Unclaimed Paychecks

The following are the reporting and recordkeeping requirements for Montana's unclaimed paycheck laws:
  • Recordkeeping Requirements
    Employers must retain a record of the names and last known addresses of payees for ten years after reporting to the state
  • Reporting Requirements
    Montana employers must report and remit unclaimed wages annually. Typically, the report for unclaimed wages must be sent before Nov. 1 of each year for wages unclaimed as of June 30 of that year
With regard to recordkeeping, Montana employers should speak with their legal counsel to determine processes and procedures re how many attempts the employer should make to contact ex-employees.

For More Info On Unclaimed Paychecks

For more about Unclaimed Paychecks, go to https://www.payrolltrainingcenter.com/rules-for-unclaimed-paychecks-wt1000338

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Contact Info For Final And Unclaimed Paycheck Requirements For Montana

Department of Labor and Industry
PO Box 1728
Helena, MT 59624-1728
406-444-2840
www.dli.mt.gov





References and Disclaimers:

This information is based on a variety of state laws and regulations, and is subject to change. The PayrollTrainingCenter makes every effort to make sure this information is current and accurate, however, the PayrollTrainingCenter is not engaged in rendering legal or professional advice and shall not be held responsible for any inaccuracies contained herein.

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