Montana housing and borrowing

Household money income includes wages before taxes. Minimum-wage proposals and settlement of unpaid wages concern that income component, without establishing a change in statewide median household income. This relationship does not establish causation. Actions after the measurement period cannot explain its earlier value.

Retained Montana evidence context: Median household income. This record’s connection to the topic does not establish an effect on the measured result.

3.DefinitionsIn this Act:(1)Affected employeeThe term affected employee means an employee affected by a violation of a minimum wage or overtime hours requirement of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), excluding any employee subject to prevailing wage requirements under the H–1B, H–2B, or H–2A visa programs, subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act), or chapter 67 of title 41, United States Code (commonly known as the Service Contract Act).(2)AdministratorThe term Administrator means the Administrator of the Wage and Hour Division of the Department of Labor.(3)EmployeeThe term employee—(A)has the meaning given such term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203); and(B)with respect to an employer, includes a former employee of such employer.(4)EmployerThe term employer has the meaning given such term in section 3 of such Act.(5)Good faithThe term good faith means, with respect to an employer applying for participation in the Payroll Audit Independent Determination program established under section 4, that such employer is not, at the time such employer submits an application for such program—(A)under investigation by the Secretary for an alleged violation of a minimum wage or overtime hours requirement of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.); or(B)subject to a lawsuit related to an alleged violation of such a requirement.(6)SecretaryThe term Secretary means the Secretary of Labor.(7)Self-auditThe term self-audit means an audit conducted by an employer to resolve inaccuracies by the employer in the computation of wages and overtime compensation required under the Fair Labor Standards Act of 1938 within the statute of limitations described in section 6(a) of the Portal-to-Portal Act of 1947 (29 U.S.C. 255(a)).4.Payroll Audit Independent Determination program(a)Program establishmentThe Administrator shall establish a Payroll Audit Independent Determination program (referred to in this section as the program) to foster collaboration with employers that inadvertently violate the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) to voluntarily remedy, within the statute of limitations described in section 6(a) of the Portal-to-Portal Act of 1947 (29 U.S.C. 255(a)), unpaid minimum wages or overtime compensation owed to any affected employee under the Fair Labor Standards Act of 1938.(b)Application requirements(1)Resources for compliance assistanceNot later than 30 days after the date of enactment of this Act, the Administrator shall make available to employers resources for assistance in complying with the Fair Labor Standards Act of 1938, including content regarding wage and hour requirements, which shall be offered online, through printed materials, and through other outreach activities.(2)ApplicationAn employer seeking to participate in the program shall submit an application to the Administrator that includes—(A)materials related to and the results of a self-audit, including—(i)an identification of any practice of such employer identified in a self-audit that may violate a minimum wage or overtime compensation requirement of the Fair Labor Standards Act of 1938; and(ii)a list of each employee who may be an affected employee with respect to such violation, including—(I)the period of time such employee would have been affected by such violation;(II)payroll records related to such employee for such period with information on the hours of work performed by such employee;(III)calculations of unpaid minimum wages or overtime compensation owed to such employee under the Fair Labor Standards Act of 1938 with a description of the methodology of such calculation and supporting evidence; and(IV)contact information for such employee;(B)an explanation of the scope of potential violations of a minimum wage or overtime compensation requirement of such Act for inclusion in a release of claims under subsection (d);(C)an assurance that any practice of such employer that violates a minimum wage or overtime compensation requirement of the Fair Labor Standards Act of 1938 that is identified in the self-audit has been corrected to comply with such Act;(D)an assurance that such employer has, prior to submitting such application, reviewed the compliance assistance resources made available under paragraph (1) and all program information, terms, and requirements;(E)an assurance that, on the date of submission of such application, such employer—(i)is not involved in any litigation regarding any practice of such employer that is identified in the self-audit; and(ii)has not received any communications from an employee or a representative of an employee seeking to litigate or settle claims related to any such practice; and(F)an assurance that no employee listed in subparagraph (A)(ii) is subject to a prevailing wage requirement under the H–1B, H–2B, or H–2A visa programs, subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act), or chapter 67 of title 41, United States Code (commonly known as the Service Contract Act).(c)Application review and approval(1)Review and amendmentThe Administrator shall review each application submitted by an employer under subsection (b)(2). As part of such review, the Administrator shall—(A)as necessary, consult with such employer regarding—(i)the self-audit and supporting materials submitted in the application; and(ii)the process for approval of such application and settlement of unpaid minimum wages or overtime compensation owed to any affected employee under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.);(B)inform such employer in a timely manner and prior to a determination on the approval of the application if additional information is needed to assess the unpaid minimum wages or overtime compensation owed to any affected employee for the violations of such Act identified in the application through the self-audit; and(C)provide such employer an opportunity to amend such application to revise the scope of the practices of such employer that violate a minimum wage or overtime compensation requirement of the Fair Labor Standards Act of 1938 that are identified in the application through self-audit, to update the list of affected employees with respect to the practices at issue in the self-audit, and to update the calculations of unpaid minimum wages or overtime compensation owed to any affected employee as a result of such violations.(2)Approval(A)In generalIf the conditions under subparagraph (B) are satisfied with respect to an application submitted under subsection (b)(2), the Administrator shall—(i)approve the application—(I)in the case the application has not been amended under paragraph (1)(C), not later than 30 days after such submission; or(II)in the case the application has been amended under paragraph (1)(C), not later than 30 days after the date of submission of such amended application; and(ii)supervise the settlement under subsection (d), including the payment of any unpaid minimum wages or overtime compensation under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) required through such settlement.(B)Conditions for approvalAn application submitted under subsection (b)(2) shall be approved under subparagraph (A) if—(i)within the scope of the violations identified by the employer through the application or an amendment to the application under paragraph (1)(C), the Administrator verifies that the self-audit and calculation of unpaid minimum wages or overtime compensation owed to any affected employee under the Fair Labor Standards Act of 1938 submitted in such application or amendment are accurate; and(ii)the employer submitting the application—(I)is determined to be acting in good faith regarding violations of the Fair Labor Standards Act of 1938 identified in such application or amendment;(II)has not been found by the Administrator or any court of law to have violated a minimum wage or overtime compensation requirement of such Act during the 5 years immediately preceding submission of such application; and(III)has not been approved for participation in the program prior to the submission of such application, unless—(aa)such participation was for a distinct violation of the Fair Labor Standards Act of 1938 that the practice identified in the self-audit under subsection (b)(2); and(bb)such employer has submitted the necessary materials for the Administrator to verify that such employer is not engaging in the practice addressed by the previous participation of the employer in the program.(d)Settlement(1)In generalFor each employer that submits an application under subsection (b)(2) that is approved under subsection (c)(2), the Administrator shall—(A)provide to the employer a description of the scope of the potential release of claims for violations of minimum wage or overtime compensation requirements of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) and a summary of any unpaid minimum wages or overtime compensation owed to each affected employee under such Act for such violations; and(B)issue a release form to each affected employee of such employer that describes the settlement terms, which shall include a written explanation of—(i)the waiver under paragraph (2)(B); and(ii)the right of the affected employee receiving the offer for settlement to decline the offer for settlement and preserve any private right of action of the employee to recover any unpaid minimum wages or overtime compensation owed to the employee under the Fair Labor Standards Act of 1938 as a result of such violations.(2)Acceptance of settlement(A)In generalAn affected employee offered a settlement through a release form under paragraph (1)(B) may accept or decline the offer.(B)Waiver of private right of actionThe acceptance by an affected employee of an offer of settlement under subparagraph (A) shall, upon payment in full of any amounts owed to the employee under the settlement, constitute a waiver by such employee of any right such employee may have under section 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) to a private right of action to recover unpaid minimum wages or overtime compensation, including any liquidated damages, for the violations addressed by the settlement.(3)Payment of settlementFor each affected employee that accepts a settlement through a release form under paragraph (1)(B), the employer shall—(A)pay such employee the full amount of unpaid minimum wages or overtime compensation owed to such employee under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) for the violations addressed in the settlement; and(B)submit proof of payment of such full amount to the Administrator.(e)Additional requirements(1)DenialsIn the case of an application submitted by an employer under subsection (b)(2) and not approved under subsection (c)(2), the Administrator may not—(A)use information submitted in the application in an investigation against the employer;(B)use the fact such employer applied to the program as a basis for any future investigation, except in a case in which the Administrator has reason to believe that the health and safety of an employee is at risk due to an alleged violation related to a requirement enforced by the Secretary involving child labor, agricultural worker protections, or housing or transportation requirements under the H–2A or H–2B visa programs; or(C)communicate to any affected employee of such employer in response to receipt of such application to notify such employee of the private right of action of such employee to resolve potential violations of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), particularly with respect to the wage practices at issue in the self-audit.(2)Expansion of scopeThe Administrator may not expand the scope of the violations to be investigated or settled through an employer’s participation in the program beyond the violations identified by the employer in the application submitted by the employer under subsection (b)(2) or the amended application submitted by the employer under subsection (c)(1)(C).(3)No payments requiredThe Administrator may not require any form of payment by an employer to apply, qualify, or participate in the program.(4)Exemption from discoveryAny information submitted in an application to the program under subsection (b)(2), or an amendment to such application under subsection (c)(1)(C), may not be subject to discovery in a Federal or State court proceeding without the consent of the employer that submitted the application.(f)RetaliationSection 15(a)(3) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)(3)) is amended by inserting before the semicolon the following: , or has accepted or declined to accept an offer for settlement under section 4(d) of the Ensuring Workers Get PAID Act of 2025.

Median gross rent includes contract rent and estimated tenant-paid utilities and fuel. Recommendations on affordable workforce housing supply concern rental affordability as well as ownership; creating an advisory council does not build homes or set rent. This relationship does not establish causation. Actions after the measurement period cannot explain its earlier value.

Retained Montana evidence context: Median gross rent. This record’s connection to the topic does not establish an effect on the measured result.

NOW, THEREFORE, I, GREG GIANFORTE, Governor of the State of Montana, pursuant to the authority vested in me under the Constitution, Mont. Code Ann. § 2-15-122 and any other applicable statutes, do hereby authorize the creation of the Housing Advisory Council, also known as the Governor's Housing Task Force ("Task Force"), and order as follows: PURPOSE The Task Force shall provide the Governor with short- and long-term recommendations and strategies for the State of Montana to increase the supply of affordable, attainable workforce housing. In developing recommendations and strategies, the Task Force shall seek input from Montana citizens, members of the Montana Legislature, Montana associations whose members are impacted by housing policy, advisory groups and researchers focused on housing policy, and other appropriate stakeholders as determined by the Task Force. COMPOSITION The Task Force shall consist of up to 30 members who shall be appointed by and serve at the pleasure of'the Governor. The Director of the Department of Environmental Quality shall serve as the presiding officer of the Task Force. 2 Task Force members shall include, but not be limited to, persons from the following categories: • members or staff of professional associations representing business, industry, and workers; • state agency directors, or their designees, including from the Department of Environmental Quality, the Department of Natural Resources and Conservation, the Department of Commerce, and the Department of Labor and Industry; • elected officials, including state legislators and leaders from local jurisdictions; • members of state boards, councils, and commissions; • subject matter experts and researchers; and • stakeholders. The Department of Environmental Quality shall provide administrative support for the Task Force. Given the diverse composition of the Task Force, meetings may be conducted in person throughout the state and/or remotely as determined by the presiding officer. REPORT By October 15, 2022, the Task Force shall provide an initial written report to the Governor with recommendations and strategies to increase the supply of affordable, attainable workforce housing, specifically focusing on measures the Legislature could consider and the Governor could sign into law. By December 15, 2022, the Task Force shall provide an initial written report to the Governor with recommendations and strategies to increase the supply of affordable, attainable workforce housing, specifically focusing on regulatory changes and best practices that could be adopted by state agencies and local governments. The Task Force's reports shall identify federal, state, local, and other governmental policies, including but not limited to land use regulations and zoning restrictions, that inhibit increasing housing supply to meet demand. The Task Force's reports shall identify strategies and recommendations to increase the supply of affordable, attainable workforce housing - which state agencies may adopt through regulatory changes, the Legislature may enact into law, or local jurisdictions may adopt - for: • expanding the state's construction workforce; • reforming land use regulations; and • reforming zoning restrictions that prevent supply from increasing to meet demand. TERMINATION 3 The Task Force shall cease to exist on July 1, 2023, unless rescinded earlier or renewed by subsequent executive order. COMPENSATION Council Members shall be entitled to reasonable travel expense reimbursement under Mont. Code Ann.§ 2-15-122. THIS ORDER is effective immediately.