24.16.2581    VETERANS SUBSISTENCE ALLOWANCES

(1) Subsistence allowances paid under Public Law 346 (commonly known as the G.I. bill of rights) to a veteran employed in on-the-job training program work may not be used to offset the wages to which he is entitled under the Montana Minimum Wage Law. The subsistence allowances provided by Public Law 346 for payment to veteran are not paid as compensation for services rendered to an employer nor are they intended as subsidy payments for each employer. In order to qualify as wages under either section of the law, sums paid to an employee must be paid by the employer. Since veterans subsistence allowances are not so paid, they may not be used to make up the minimum wage or overtime pay requirements of the Law nor are they included in the regular rate of pay under section 39-3-404 & 39-3-405 MCA.

History: Sec. 39-3-403, MCA; IMP, Sec. 39-3-404 & 39-3-405, MCA; Eff. 12/31/72.