Obligations United States Montana
What a Montana business has to have in writing
Montana's distinctive load is written policy rather than paperwork filed with the state. Every employer, of any size, has to establish and administer a safety program under the Montana Safety Culture Act, and employers with more than five people also have to run a safety committee.
The Wrongful Discharge from Employment Act makes an employer's own written personnel policy legally enforceable and puts a hard 12-month default on probationary periods, which is why Montana handbooks read differently from everyone else's.
On the data side Montana runs a comprehensive Consumer Data Privacy Act with the lowest applicability thresholds in the country and a separate Genetic Information Privacy Act that now also covers neurotechnology data. Montana has no OSHA-approved State Plan for private employers; its own occupational safety act covers public sector employers only.
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What applies
Montana rules for a 15–19 person general business
State law only. The federal layer every employer carries sits on the business-type pages below. Each row names what you must write, post, file or certify, who enforces it, and links to the state authority.
Breach Notification 1Who you must tell after a data breach, and how fast
LawProduceWhat it requiresTriggerEnforced by
Computer security breach notificationAI-compiledMCA 30-14-1704Any person or business conducting business in Montana that owns or licenses computerized data containing personal information about Montana residentsDistribute + ack
Notice
Tell affected Montana residents without unreasonable delay by written, electronic, telephone or substitute notice. At the same time send the Attorney General's Office of Consumer Protection an electronic copy of the notice plus a statement of the date and method of distribution and the number of Montanans notified. Coordinate with the credit bureaus if the notice points people to their credit file. A business that keeps its own written notification procedures inside an information security policy may follow those instead.
From the first employee
Montana Attorney General, Office of Consumer Protection
Data Security Program 1A written safeguards program the state requires before anything goes wrong
LawProduceWhat it requiresTriggerEnforced by
Record destruction dutyAI-compiledMCA 30-14-1703Any business holding customer records that contain personal informationWrite
Written policy
Take all reasonable steps to destroy customer records containing personal information once they no longer need to be kept, by shredding, erasing or otherwise making the information unreadable. In practice this is what a written retention and disposal schedule is for.
From the first employee
Montana Attorney General, Office of Consumer Protection
Consumer Privacy Law 1Rights, notices and assessments for consumer data
LawProduceWhat it requiresTriggerEnforced by
Montana Consumer Data Privacy ActAI-compiledMCA 30-14-2801 to 30-14-2820 (Ch. 681, L. 2023, SB 384; amended Ch. 567, L. 2025, SB 297)Businesses operating in Montana or targeting Montana residents that control or process personal data of 25,000+ consumers, or of 15,000+ consumers while drawing more than 25% of gross revenue from selling personal data. The minor-protection duties in 30-14-2811, 30-14-2818 and 30-14-2819 apply with no threshold at all.Write
Written policy
Publish a clear privacy notice covering the categories of data processed, the purposes, what is sold or shared and to which categories of third parties, a contact address, how to exercise and appeal rights, and the last-updated date, in every language the product is offered in. Keep reasonable administrative, technical and physical security practices; collect only what is necessary; get consent before processing sensitive data; conduct and document a data protection assessment for targeted advertising, data sales, risky profiling and sensitive-data processing and hand it to the Attorney General on demand. Give a plain opt-out link for sales and targeted advertising. Anyone offering an online service to a known minor has extra duties regardless of size.
From the first employee
Montana Attorney General (exclusive; civil investigative demands; no private right of action; the original cure period has lapsed)
Biometric and Health Data 1Consent and retention rules for fingerprints, faces and health data
LawProduceWhat it requiresTriggerEnforced by
Genetic Information Privacy Act (genetic and neurotechnology data)AI-compiledMCA 30-23-101 to 30-23-106 (Ch. 768, L. 2023, SB 351; amended 2025)Entities that offer consumer genetic testing products or services, or collect, use or analyze genetic or neurotechnology data, to Montana consumersWrite
Written policy
Publish both a short high-level privacy overview and a full public privacy notice covering collection, consent, use, access, disclosure, transfer, security, retention and deletion. Take layered express consent: initial consent to collect and use, separate consent to transfer data or a sample to a third party by name, separate consent for uses beyond the primary purpose, informed consent for research, and consent for marketing or any sale. Build and maintain a written comprehensive security program, and run processes for consumers to access, delete, revoke consent and have samples destroyed. Do not release genetic data to a health, life or long-term care insurer, or to the consumer's employer, without express consent, and require valid legal process before disclosure to law enforcement.
From the first employee
Montana Attorney General (sole authority; $2,500 per violation plus actual damages, costs and fees)
Workplace Safety Programs 1Written programs the state safety agency requires beyond federal OSHA
LawProduceWhat it requiresTriggerEnforced by
Montana Safety Culture Act (employer safety program and safety committee)AI-compiledMCA 39-71-1501 to 39-71-1508; ARM adopted under MCA 39-71-1505Every public and private employer in Montana, including temporary staffing arrangements; the safety committee duty starts at more than five employeesWrite
Written program
Establish and administer a written, education-based safety program: a general safety orientation for every new hire before they start work, job- or task-specific safety training before unsupervised work, regular refresher training, a mechanism for building safety awareness, and periodic self-inspection for hazards at least annually with documented corrective action. Include temporary workers in the program. With more than five employees, run a safety committee of employer and employee representatives that meets at least once every four months and acts as a fact-finding body reporting to the employer.
From the first employee
Montana Department of Labor and Industry, Employment Standards Division (safety recommendations; workers' compensation rate consequences)
Workplace Violence Prevention 1A written plan for preventing and responding to workplace violence
LawProduceWhat it requiresTriggerEnforced by
Reporting of violence against health care employeesAI-compiledMCA 39-2-221 (Ch. 516, L. 2023)Any employer of health care employees, other than the Department of Public Health and Human Services and facilities it operatesFile
Filing / record
Make sure the affected employee and any witnesses give an oral report within 24 hours of an act of violence, then write a formal report capturing the employer's contact details, the employee's details, the assailant where known, and a detailed description with the time of the oral report. Keep the reports separate from patient medical records, retain them for five years, and give copies to the Department of Justice quarterly or on request. Report to law enforcement if the employee consents.
From the first employee
Montana Department of Justice
Insurance Data Security 1The written security program insurance licensees must certify
LawProduceWhat it requiresTriggerEnforced by
Insurance Information and Privacy Protection Act (information security policy and breach notice)AI-compiledMCA 33-19-321; MCA Title 33, chapter 19Insurance licensees, insurance-support organizations, and anyone to whom they disclose personal information to perform an insurance function in MontanaWrite + ack
Written policy
Develop and maintain an information security policy for safeguarding personal information, together with written security breach notice procedures. On a breach, notify affected individuals without unreasonable delay and simultaneously file an electronic copy of that notice with the Commissioner of Securities and Insurance, along with the date and method of distribution and the number of Montanans notified. Service providers must report a breach to the licensee immediately on discovery.
From the first employee
Montana Commissioner of Securities and Insurance (State Auditor)
Paid Leave Policies 1Sick and family leave laws that come with a written policy or notice
LawProduceWhat it requiresTriggerEnforced by
Maternity leave and reinstatementAI-compiledMCA 49-2-310; MCA 49-2-311Every Montana employer covered by the Human Rights ActWrite
Written policy
Grant a reasonable leave of absence for pregnancy, do not terminate because of pregnancy, do not impose a mandatory maternity leave of unreasonable length, and do not withhold accrued disability or leave benefits. On return, reinstate the employee to the original or an equivalent job with equivalent pay, seniority, retirement and other service credits, unless a private employer's circumstances have changed enough to make that unreasonable. Montana has no statewide paid sick leave or paid family leave law.
From the first employee
Montana Human Rights Bureau (Department of Labor and Industry); Human Rights Commission
Licensing and Certifications 3Registrations, licences and certifications a business or its staff must hold
LawProduceWhat it requiresTriggerEnforced by
Business entity registration and annual reportAI-compiledMCA Title 35 (MCA 35-14-1621 corporations; MCA 35-8-208 LLCs; MCA 35-2-904 nonprofits)Any corporation, LLC, partnership or nonprofit formed in or transacting business in Montana, and anyone operating under an assumed business nameFile
Filing / record
Register or foreign-qualify through the Secretary of State's business filing portal, name a registered agent, record an assumed business name where one is used, and file the annual report between January 1 and April 15 each year to stay active.
From the first employee
Montana Secretary of State, Business Services
Construction contractor licenseAI-compiledMCA Title 37, chapter 45 (Ch. 644, L. 2025; renumbered from MCA Title 39, chapter 9, effective January 1, 2026)Any individual or business entity engaging in business as a construction contractor in Montana; independent contractors in construction without employees are handled through the Independent Contractor Exemption Certificate insteadCertify
Certification
Hold a current construction contractor license from the Department of Labor and Industry before doing business, with proof of compliance with workers' compensation law and the identity details of the owners, partners, officers, managers or members plus the registered agent. Renew on the department's cycle. This replaced the older contractor registration program on January 1, 2026.
From the first employee
Montana Department of Labor and Industry
Retail food establishment licenseAI-compiledMCA 50-50-201; MCA Title 50, chapter 50Anyone operating a retail food establishment in Montana, including mobile units, vending machine operators and temporary food establishmentsFile + ack
Filing / record
Get an annual license from the Department of Public Health and Human Services before operating, one per establishment, signed and validated as the statute requires. Temporary food establishments get a permit from the local regulatory authority in the county where they operate, and need a fresh permit each time the menu changes substantially by food type or means of production.
From the first employee
Montana Department of Public Health and Human Services; local health authorities
Other Written Policies 4Any other document the state makes an employer write or hand out
LawProduceWhat it requiresTriggerEnforced by
Wrongful Discharge from Employment Act (written personnel policy and probationary period)AI-compiledMCA 39-2-901 to 39-2-915, in particular 39-2-904 and 39-2-910Every Montana employer outside the statutory exemptions in 39-2-912Write
Written policy
Treat the written personnel policy as binding: a discharge is wrongful if the employer materially violated an express provision of its own written policy and that deprived the employee of a fair chance to keep the job. Montana is not an at-will state after probation, so a discharge of a non-probationary employee needs good cause. Set the probationary period in writing before or at the start of work, or a 12-month probationary period applies by default; it can be extended but the total cannot exceed 18 months.
From the first employee
District court civil action; internal grievance procedures must be exhausted where the employer provides them
Workforce drug and alcohol testing (qualified testing program)AI-compiledMCA 39-2-205 to 39-2-211Any Montana employer that tests employees or applicants for controlled substances or alcoholWrite
Written policy
Adopt written testing policies and procedures and make them available to all employees 60 days before they take effect or change. The policy has to set out the legal sanctions for unlawful drug activity, the employer's education program on drug and alcohol risks, its standards of conduct, the employee assistance programs available, the sanctions for a violation or a positive test, the test types used, the substances screened and the alcohol threshold, the hiring policy for applicants who test positive, the detailed testing and dispute-resolution procedure, and confidentiality rules for results.
From the first employee
District court civil action; Montana Department of Labor and Industry
Vaccination status and immunity passport discrimination banAI-compiledMCA 49-2-312Every Montana employer and public accommodation, with a narrow carve-out for licensed health care facilities and for schools and day-care facilitiesWrite
Written policy
Do not refuse employment, bar someone from employment or vary pay or terms based on vaccination status or whether the person holds an immunity passport. Recommending a vaccine is allowed. A licensed health care facility may ask employees to volunteer their status only for the purpose of deciding reasonable accommodation measures. Any employer vaccination policy has to be written against this rule.
From the first employee
Montana Human Rights Bureau (Department of Labor and Industry)
Itemized statement of wage deductionsAI-compiledMCA 39-3-101Every Montana employer that makes deductions from wagesDistribute
Notice
Give the employee an itemized statement with every wage payment showing state and federal income tax, social security and any other deductions and the amount of each; where no deductions were taken, give a statement saying so.
From the first employee
Montana Department of Labor and Industry, Employment Standards Division
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Add the federal layer
Your business type, with Montana on top
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Other states
The same index for another state
Alabama12Alaska12Arizona11Arkansas14California20Colorado18Connecticut17Delaware17District of Columbia12Florida15Georgia13Hawaii16Idaho13Illinois19Indiana16Iowa13Kansas11Kentucky14Louisiana13Maine14Maryland19Massachusetts16Michigan15Minnesota19Mississippi11Missouri12Nebraska13Nevada18New Hampshire13New Jersey19New Mexico13New York17North Carolina12North Dakota13Ohio13Oklahoma11Oregon19Pennsylvania12Rhode Island13South Carolina12South Dakota11Tennessee14Texas15Utah13Vermont17Virginia17Washington21West Virginia14Wisconsin15Wyoming13
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Sources
Montana Legislature - MCA 30-14-1704Montana Legislature - MCA Title 30 chapter 14 part 17 indexMontana Legislature - MCA 30-14-2803 (applicability)Montana Legislature - MCA 30-14-2812 (privacy notice and controller limits)Montana Legislature - MCA 30-14-2814 (data protection assessment)Montana Legislature - MCA 30-14-2817 (enforcement)Montana Legislature - MCA 30-23-104 (privacy notice, consent, deletion)Montana Legislature - MCA 30-23-106 (enforcement)Montana Code Annotated, Title 30 chapter 23 (Genetic Information Privacy Act)Montana Legislature - MCA 30-14-1703Montana Legislature - MCA 39-71-1504 (safety programs)Montana DLI - Safety Culture Act requirements and recommendationsMontana DLI - Safety committeesMontana Legislature - MCA 33-19-321Montana Legislature - MCA Title 33 chapter 19 indexMontana Legislature - MCA 39-2-221Montana Legislature - MCA Title 39 chapter 2 part 2 indexMontana Legislature - MCA 39-2-904 (elements of wrongful discharge)Montana Legislature - MCA 39-2-910 (probationary period)Montana Legislature - MCA Title 39 chapter 2 part 9 indexMontana Legislature - MCA 39-2-207 (qualified testing program)Montana Legislature - MCA 49-2-310Montana Legislature - MCA 49-2-311Montana Legislature - MCA 49-2-312Montana Legislature - MCA Title 49 chapter 2 part 3 indexMontana Legislature - MCA 39-3-101Montana Legislature - MCA Title 39 chapter 3 part 1 indexMontana Secretary of State - Business ServicesMontana Legislature - MCA 35-14-1621 (annual report for secretary of state)Montana Legislature - MCA 35-8-208 (LLC annual report)Montana Legislature - MCA 37-45-201 (construction contractor license required)Montana Legislature - MCA 39-9-201 repealed by Ch. 644, L. 2025Montana DLI - Montana ContractorMontana Legislature - MCA 50-50-201Montana Legislature - MCA Title 50 chapter 50 index