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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
| E |
| H |
| L |
| Wage and Hour Laws for Private Sector Employers |
Meals and Break
Montana does not have any laws requiring an employer to provide a meal period or breaks
to employees, thus the federal rule applies. The federal rule does not require an employer
to provide either a meal (lunch) period or breaks. However, if an employer chooses to do
so, breaks, usually of the type lasting less than 20 minutes, must be paid. Meal or lunch
periods (usually 30 minutes or more) do not need to be paid, so long as the employee is
free to do as they wish during the meal or lunch period. MT Dept. of Labor and Industry FAQ.
Montana does not have any laws requiring an employer to provide a meal period or breaks
to employees, thus the federal rule applies. The federal rule does not require an employer
to provide either a meal (lunch) period or breaks. However, if an employer chooses to do
so, breaks, usually of the type lasting less than 20 minutes, must be paid. Meal or lunch
periods (usually 30 minutes or more) do not need to be paid, so long as the employee is
free to do as they wish during the meal or lunch period. MT Dept. of Labor and Industry FAQ.
Vacation
In Montana, employers are not required to provide employees with vacation benefits, either
paid or unpaid. MT Dept. of Labor and Industry FAQ; See Langager v. Crazy Creek
Products, Inc., 287 Mont. 445; 954 P.2d 1169 (Mt. Sup. Ct. 1998). If an employer chooses to
provide such benefits, it must comply with the terms of its employment contract or
established policy. MT Dept. of Labor and Industry FAQ.
Once an employee earns vacation leave, it cannot be forfeited for any reason. MT Dept. of
Labor and Industry FAQ; See Langager v. Crazy Creek Products, Inc., 287 Mont. 445; 954 P.
2d 1169 (Mt. Sup. Ct. 1998). This means an employee must be paid for all accrued
vacation pay upon separation from employment, regardless of the reason. MT Dept. of
Labor and Industry FAQ; See Langager v. Crazy Creek Products, Inc., 287 Mont. 445; 954 P.
2d 1169 (Mt. Sup. Ct. 1998).
An employer cannot require an employee to comply with specific requirements in order to
receive accrued vacation leave upon separation from employment, such as giving timely
notice or not being terminated. MT Dept. of Labor and Industry FAQ; See Langager v. Crazy
Creek Products, Inc., 287 Mont. 445; 954 P.2d 1169 (Mt. Sup. Ct. 1998).
An employer may place a reasonable cap on the vacation leave an employee can accrue.
MT Dept. of Labor and Industry FAQ.
An employer cannot implement a ‘use it or lose it’ vacation policy requiring employees to
use their vacation leave by a set date or lose it. MT Dept. of Labor and Industry FAQ; See
Langager v. Crazy Creek Products, Inc., 287 Mont. 445; 954 P.2d 1169 (Mt. Sup. Ct. 1998).
In Montana, employers are not required to provide employees with vacation benefits, either
paid or unpaid. MT Dept. of Labor and Industry FAQ; See Langager v. Crazy Creek
Products, Inc., 287 Mont. 445; 954 P.2d 1169 (Mt. Sup. Ct. 1998). If an employer chooses to
provide such benefits, it must comply with the terms of its employment contract or
established policy. MT Dept. of Labor and Industry FAQ.
Once an employee earns vacation leave, it cannot be forfeited for any reason. MT Dept. of
Labor and Industry FAQ; See Langager v. Crazy Creek Products, Inc., 287 Mont. 445; 954 P.
2d 1169 (Mt. Sup. Ct. 1998). This means an employee must be paid for all accrued
vacation pay upon separation from employment, regardless of the reason. MT Dept. of
Labor and Industry FAQ; See Langager v. Crazy Creek Products, Inc., 287 Mont. 445; 954 P.
2d 1169 (Mt. Sup. Ct. 1998).
An employer cannot require an employee to comply with specific requirements in order to
receive accrued vacation leave upon separation from employment, such as giving timely
notice or not being terminated. MT Dept. of Labor and Industry FAQ; See Langager v. Crazy
Creek Products, Inc., 287 Mont. 445; 954 P.2d 1169 (Mt. Sup. Ct. 1998).
An employer may place a reasonable cap on the vacation leave an employee can accrue.
MT Dept. of Labor and Industry FAQ.
An employer cannot implement a ‘use it or lose it’ vacation policy requiring employees to
use their vacation leave by a set date or lose it. MT Dept. of Labor and Industry FAQ; See
Langager v. Crazy Creek Products, Inc., 287 Mont. 445; 954 P.2d 1169 (Mt. Sup. Ct. 1998).
Severance
Montana law does not require an employer to pay severance pay. Dept. of Labor and
Industry FAQ. If an employer chooses to provide severance benefits, it must comply with
the terms of its established policy or employment contract.
Montana law does not require an employer to pay severance pay. Dept. of Labor and
Industry FAQ. If an employer chooses to provide severance benefits, it must comply with
the terms of its established policy or employment contract.
Holidays
Montana law does not require employers to provide employees with either paid or unpaid
holiday leave. MT Dept. of Labor and Industry FAQ. In Montana, an employer can require an
employee to work holidays. An employer does not have to pay an employee premium pay,
such as 1 1/2 times the regular rate, for working on holidays, unless such time worked
qualifies the employee for overtime under standard overtime laws. If an employer chooses
to provide either paid or unpaid holiday leave, it must comply with the terms of its
established policy or employment contract.
Montana law does not require employers to provide employees with either paid or unpaid
holiday leave. MT Dept. of Labor and Industry FAQ. In Montana, an employer can require an
employee to work holidays. An employer does not have to pay an employee premium pay,
such as 1 1/2 times the regular rate, for working on holidays, unless such time worked
qualifies the employee for overtime under standard overtime laws. If an employer chooses
to provide either paid or unpaid holiday leave, it must comply with the terms of its
established policy or employment contract.
Minimum Wage
Montana's current minimum wage is $7.25. MT Dept. of Labor: Minimum Wage. Some
exceptions apply to Montana's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Montana, the state
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than federal law.
Montana's current minimum wage is $7.25. MT Dept. of Labor: Minimum Wage. Some
exceptions apply to Montana's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage. In most instance in Montana, the state
minimum wage law will apply as it generally guarantees a higher wage rate for employees
than federal law.
Overtime
Montana requires employers to pay employees overtime at a rate of 1 1/2 time their regular
rate when they work more than 40 hours in a work week, unless otherwise exempt. MT
Dept. of Labor: Overtime. See FLSA: Overtime for more information regarding overtime
requirements.
Montana requires employers to pay employees overtime at a rate of 1 1/2 time their regular
rate when they work more than 40 hours in a work week, unless otherwise exempt. MT
Dept. of Labor: Overtime. See FLSA: Overtime for more information regarding overtime
requirements.
Sick Leave
Montana law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. MT Dept. of Labor and Industry FAQ. If an employer chooses to
provide sick leave benefits, it must comply with the terms of its established policy or
employment contract.
An employer in Montana may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
Montana law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. MT Dept. of Labor and Industry FAQ. If an employer chooses to
provide sick leave benefits, it must comply with the terms of its established policy or
employment contract.
An employer in Montana may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee any wages for time spent complying with a
jury summons or serving on a jury.
An employer shall not terminate or take any adverse action against an employee on
account of that employee's receipt of and/or response to a jury summons or for serving on
a jury.
Montana Stat. 39-2-904
An employer is not required to pay an employee any wages for time spent complying with a
jury summons or serving on a jury.
An employer shall not terminate or take any adverse action against an employee on
account of that employee's receipt of and/or response to a jury summons or for serving on
a jury.
Montana Stat. 39-2-904
