Employment and Labor Laws

Montana

Montana Minimum Wage, Overtime, Hours and Leave Laws


Minimum Wage

Montana’s current minimum wage is $9.20 for employers with gross annual receipts of more than $110,000. For employers with gross annual receipts of $10,000 or less, the minimum wage is $4.00. MT Dept. of Labor: Minimum Wage.

For more information on Montana’s minimum wage laws, visit our Montana Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing and pooling, and subminimum wages.

Related topics covered on other pages include:


Overtime

Montana labor laws require 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.


Prevailing Wages

Under certain circumstances, employers in Montana may be required to pay residents wage rates established by the federal or state prevailing wage rates and rules. The prevailing wage rates may be different from the state’s standard minimum wage rates. Employees may be eligible for prevailing wages if they work on federal or state government or government-funded construction projects or perform certain federal or state government services. See the Montana Prevailing Wages, Davis-Bacon and Related Acts, McNamara-O’Hara Service Contract Act (SCA), and Walsh-Healey Public Contracts Act (PCA) for more information about prevailing wages.


Meals and Breaks

Montana labor laws do 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


Nursing Mother Breaks

Montana labor laws do not require private employers to provide nursing mothers with breaks to express breast milk. However, the federal Fair Labor Standards Act requires certain employees to provide nonexempt nursing mothers for one (1) year following a child’s birth with reasonable rest breaks to express milk and private spaces, other than a bathroom, to express breast milk.

Montana labor laws require public employers to provide nursing mothers with breaks to express breast milk. MT Statute 39-2-217


Vacation Leave

Information about Montana vacation leave laws may now be found on our Montana Leave Laws page.


Sick Leave

Information about Montana sick leave laws may now be found on our Montana Leave Laws page.


Holiday Leave

Information about Montana holiday leave laws may now be found on our Montana Leave Laws page.


Jury Duty Leave

Information about Montana jury duty leave laws may now be found on our Montana Leave Laws page.


Voting Leave

Information about Montana voting leave laws may now be found on our Montana Leave Laws page.


Severance Pay

Montana labor laws do 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.


Unemployment

Under certain circumstances, Montana residents may be eligible for unemployment benefits while they search for another job. You are required to certify that you are unemployed on a weekly basis to receive these benefits. See Montana State Unemployment Benefits.


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