Montana Wage and Hour Laws
Created by FindLaw's team of legal writers and editors | Last reviewed December 11, 2018
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State wage and hour laws protect workers' rights in various ways including setting the minimum wage and limiting how many hours an employee can work per day. These state laws must not dip below the federal wage and hour limits outlined in the Fair Labor Standards Act (FLSA). This article outlines Montana's main wage and hour laws.
Code Section |
Montana Code section 39-3-404: Minimum Wage |
What's Prohibited? |
Most employers in Montana are required to pay their employees a wage of at least $8.30 per hour. However, employers not covered by the FLSA whose gross annual sales are $110,000 or less are allowed to pay their employees $4.00 per hour. |
| Tipped Employees | Tip credits aren't allowed for tipped employees in Montana. |
Code Section |
Montana Code section 39-3-405: Overtime Compensation |
What's Prohibited? |
Employees in Montana who work more than 40 hours in a workweek must be paid overtime compensation at a rate of at least 1½ times the employee's regular hourly rate for those hours worked over 40. |
Exclusions
|
The overtime compensation provision doesn't apply to:
Overtime pay for firefighters and law enforcement officers is governed by the FLSA. |
Exceptions to Montana's Minimum Wage and Overtime Compensation Laws
Montana's minimum wage and overtime compensation laws are not applicable to all employees within the state. Montana Code section 39-3-406 provides a complete list of exclusions that includes:
- People employed by a household to care for children
- Students participating in a distributive education program
- People with disabilities engaged in work that is incidental to training or evaluation programs
- Direct sellers, and
- Individuals employed by the United States of America
Payment of Wages
Montana's wage and hour laws also require employers to pay their employees within the timeframes specified below:
- If the employee is still employed: 10 business days after the end of the pay period.
- If the employee quits their employment: On the next scheduled pay day for the period in which the employee quits, or 15 calendar days, whichever occurs first.
- If the employee is terminated for cause (laid off or discharged): Immediately (within four hours or the end of the business day, whichever occurs first), unless the employer has a written policy that extends the time for payment.
Additional Resources
- State Minimum Wage and Overtime Laws
- Montana Department of Labor & Industry
- FAQs: Montana Wage and Hour Laws
- FLSA Reference Guide
Denied Wages in Montana? Protect Your Rights With the Help of a Lawyer
State and federal laws regarding wages and hours worked are meant to protect workers from exploitation. If you believe you're employer hasn't been paying you what you're owed, you may be able to file a claim. Learn more by speaking with a Montana employment law attorney near you.
Next Steps: Search for a Local Attorney
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