Montana Employment Laws

The Montana Department of Labor and Industry oversees employment laws and other work-related laws. Labor laws, affecting collective bargaining agreements and union regulations, are a part of employment law.

Montana Employment Laws

Most states follow an “at-will” employment policy, which means that an employer or employee may end the employment relationship at any time without cause. Montana is the only state that does not follow this policy.

Montana’s Wrongful Discharge from Employment Act prevents an employer from terminating an employee without good cause after a probationary period. The probationary period is 12 months, unless a contract or collective bargaining agreement states otherwise.

After the probationary period, termination must be for cause. Wrongful termination is any termination without good cause, or any termination:

• In retaliation for a refusal to violate public policy
• Based on an employee’s expression of free speech, including the use of social media
• In violation of the employer’s written disciplinary policy

The Department of Labor does not enforce violations of the Wrongful Discharge from Employment Act. The Act provides employees with a civil remedy through the Equal Employment Opportunity Commission (EEOC).

Montana Wage and Hour Laws

As of January 1st, 2025, the Montana minimum wage is $10.55 per hour. Employers not subject to the federal Fair Labor Standards Act (FLSA), such as businesses with fewer than two employees and small farms, may pay $4.00 per hour. Under some circumstances, exempt employers must pay at least the federal minimum wage of $7.25 per hour.

Montana does not have “tip credits.” Employers in traditionally tipped positions must pay employees minimum wage and may not use tips as partial wages.

Although Montana does not have mandatory overtime laws, employers must pay workers who work more than 40 hours in any workweek at least one and a half times their regular rate of pay. Montana does not have laws limiting the number of hours an employee may work in any week or the number of consecutive days an employee may work. Employers must follow any federal laws regarding rest periods and overtime.

Right to Work Laws

Contrary to their name, “right-to-work” laws do not guarantee workers any right to employment. They prohibit employers from negotiating contracts that require employees to join a union or pay union dues to benefit from union protections.

Montana is not a “right-to-work” state. Employers may make union membership a condition of employment and can legally refuse to hire an applicant who will not join a union or who is not a union member. “Right-to-work” laws do not impact workers’ compensation insurance and do not impact other legal rights an employee has regarding workplace discrimination.

Discrimination Laws

The Montana Human Rights Act mirrors federal civil rights laws. The Human Rights Act guarantees the right to freedom from discrimination in employment, including but not limited to:

• Race or ethnicity
• Religion
• National origin
• Physical or mental disability
• Age

Workplace discrimination includes harassment or permitting a hostile work environment. Victims can sue companies for harassment committed by other employees, managers, customers, or outside vendors. Montana does not have sexual harassment training laws, but the Department of Labor encourages employers to have such policies in their workplace.

Montana Leave Laws

Montana leave laws differ for private and public employers. Private employers are not required to provide paid sick leave, paid time off, or certain other types of paid leave. Public employers may need to provide paid sick leave and vacation time for qualified employees.

Certain types of leave are addressed under either federal or Montana state law. These include:

Family and Medical Leave Act: Under the federal Family and Medical Leave Act (FMLA), employees of qualified employers can take up to 12 weeks of unpaid leave per year. The FMLA applies to all employers with more than 50 employees. It also covers public employers, schools, and hospitals.

Employees may take FMLA time for the birth of a child, to care for a seriously ill family member, or for the employee’s own serious illness or injury. Montana does not have a maternity leave law, but employees may use FMLA for pregnancy leave.

Military Leave: The Uniformed Services Employment and Reemployment Rights Act (USERRA) and Montana’s companion law guarantee service members unpaid military leave. Montana’s law guarantees paid leave for public employees.

Jury Duty Leave: Employers do not have to pay employees serving jury duty. However, employees must be given time off for jury service.

Holiday Leave: Montana has eleven official legal holidays. Employers are not required to provide either premium regular or overtime pay for employees who work holidays.

Montana Labor Laws

Labor laws differ from employment laws. They affect who may work and the conditions they work under.

The Child Labor Standards Act establishes conditions for minors in the workplace. With some exemptions, children under the age of 14 may not work in any occupation. Children aged 14 or 15 are not permitted to work certain types of jobs. Minors over 16 may work in any occupation except certain enumerated hazardous occupations such as:

• Manufacturing or storing explosives

• Logging

• Slaughtering or meat-packing

• Wrecking, demolition, or roofing

• Coal mining

Minors may not work before 7 a.m. or after 7 p.m. during the school year. Montana’s child labor laws also prohibit students from working more than three hours on any school day or 18 hours in any school week.

Whistleblower Laws

Whistleblower statutes prevent retaliation against employees who notify government agencies about unlawful activities. In Montana, the Wrongful Discharge Act contains a specific provision for workers who report employers who violate the act.

Other statutes protect whistleblowers in other situations, such as violations of occupational safety laws. OSHA has its own set of whistleblower protection laws.

Montana Employment Law Resources

• Montana Wage and Hour Laws: What every Montana employee should know about the state’s wage and hour laws, which cover such important aspects of employment as minimum wage and overtime rules

• Montana Whistleblower Laws: The basics of Montana‘s whistleblower statute, which makes it illegal for an employer to fire or otherwise retaliate against employees who file complaints about the employer’s illegal activity

• Montana Civil Statute of Limitations: Overview of Montana‘s civil statute of limitations, which puts time limits on the amount of time an individual has after a given incident occurs in which to file a civil claim

Get Legal Advice From a Montana Employment Attorney

Montana’s wage laws give employees protection against wrongful termination and job discrimination. Rules about employees’ wages and hours can be confusing, but it’s okay to ask for help. If you believe your employer is treating you unfairly regarding your pay or work hours, get legal help from a Montana employment attorney.