(1) Complaints may be filed whenever an employee allegedly has not received the prevailing wages and/or fringe benefits due. These wages can be, but are not limited to, health and welfare, pension, vacation, overtime, or regular wages.

(2) A complaint may be filed by:

(a) the employee;

(b) the estate of an employee;

(c) an authorized representative of the commissioner, on behalf of an employee or group of employees;

(d) an authorized representative of an employee, such as a union business agent; or

(e) other persons or entities who can demonstrate that they have a direct pecuniary interest in seeing that wages are properly paid on public works contracts. Such other persons or entities include, but are not limited to, competitors of the employer that unsuccessfully bid on the public works contract.

(3) A complaint must be reduced to writing on the form furnished by the commissioner or in a format acceptable to the commissioner and signed by the complaining party.

(4) Wage complaint forms can be obtained from the Labor Standards Bureau, Employment Relations Division, Department of Labor and Industry, 1805 Prospect Avenue, P.O. Box 8011, Helena, Montana 59604. The telephone number is (406) 444-6543.

(a) When requested by mail or telephone, the wage complaint form is mailed to the claimant by the department with a letter of instruction. The claim complaint must be filled out in detail, signed by the claimant and notarized. The form then must be returned to the Labor Standards Bureau.

(5) Field investigations may be commenced by the commissioner without a complaint having been filed.