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.

Overtime

Montana requires employers to pay employees overtime at a rate of 1½ 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.

Meals and Breaks

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 twenty (20) minutes, must be paid. Meal or lunch periods (usually thirty (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 Leave

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).

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.

Holiday Leave

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 1½ 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.

Jury Duty Leave

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

Voting Leave

Montana does not have a law that requires an employer to grant its employees leave, either paid or unpaid, to vote.

Severance Pay

Montana law does not require an employer to pay severance pay. MT. 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.