Montana Wage and Hour Laws

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 $8.05 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:

  • Farm workers, or
  • Students employed at amusement or recreational areas that operate on a seasonal basis and furnish the students with board, lodging, or other facilities

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 laws change frequently. For case specific information regarding Montana's wage and hour laws contact a local employment lawyer.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.