41-2-103. Definitions.

MONTANA STATUTES AND CODES

     41-2-103. Definitions. As used in this part, the following definitions apply:
     (1) "Agriculture" means:
     (a) all aspects of farming, including the cultivation and tillage of the soil;
     (b) (i) dairying; and
     (ii) the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, including commodities defined as agricultural commodities in the federal Agricultural Marketing Act, 12 U.S.C. 1141j(g);
     (c) the raising of livestock, bees, fur-bearing animals, or poultry; and
     (d) any practices, including forestry or lumbering operations, performed by a farmer or on a farm as an incident to or in conjunction with farming operations, including preparation for market or delivery to storage, to market, or to carriers for transportation to market.
     (2) "Department" means the department of labor and industry provided for in 2-15-1701.
     (3) "Domestic service" means an occasional, irregular, or incidental nonhazardous occupational activity related to and conducted in or around a private residence, including but not limited to babysitting, pet sitting or similar household chore, and manual yard work. Domestic service specifically excludes industrial homework.
     (4) (a) "Employed" or "employment" means an occupation engaged in, permitted, or suffered, with or without compensation in money or other valuable consideration, whether paid to the minor or to some other person, including but not limited to occupations as servant, agent, subagent, or independent contractor.
     (b) The term does not include casual, community service, nonrevenue raising, uncompensated activities.
     (5) "Employer" includes an individual, partnership, association, corporation, business trust, person, or group of persons acting directly or indirectly in the interest of an employer in relation to an employee.
     (6) "Minor" means an individual under 18 years of age, except for an individual who:
     (a) has received a high school diploma or has received a passing score on the general educational development examination; or
     (b) is 16 years of age or older and is enrolled in a registered state or federal apprenticeship program.
     (7) "Occupation" means:
     (a) an occupation, service, trade, business, or industry in which employees are employed;
     (b) any branch or group of industries in which employees are employed; or
     (c) any employment or class of employment in which employees are employed.