Montana's overtime law is essentially the same as the federal provision: if an employee works more than 40 hours in a given workweek, that employee is entitled to pay at one and one-half times the employee's regular hourly wage.
The exceptions to Montana's overtime law generally track the federal law exceptions. There are however a few jobs that are exempt from Montana's law that are not exempt under federal law:
Jobs that are exempt from Montana's minimum wage laws are also exempt from the overtime laws (see below).
The current minimum wage in Montana is $8.30 per hour for employers with gross annual sales greater than $110,000. The state minimum wage is $4.00 for those employers whose gross annual sales are less than $110,000, which is less than the federal minimum wage of $7.25 per hour. Anyone who is not covered by the federal minimum wage law is considered covered under Montana law, unless (s)he falls into one of the exceptions below. Also, businesses that are not engaged in interstate commerce and that have gross annual sales of less than $100,000 per year may pay their employees at a lower rate per hour.
Under Montana law tips do not count as part of an employee's wage for purposes of the minimum wage. That means that restaurants and other employers with tipped employees must pay minimum wage before tips.
If your employer furnishes you with lodging, the reasonable cost of those lodgings can count toward the minimum wage, assuming that the cost does not exceed 40% of the total wage paid. Generally, the cost of meals that your employer provides you can also count towards the minimum wage.
Montana's minimum wage and overtime laws cover all jobs that are exempt under federal law. However, the following jobs are exempt under Montana law, which means that they are not covered either by the minimum wage or by the overtime provisions; most of these differ from federal law, but a few are the same:
For more detailed information on Montana's overtime and minimum wage laws, visit Montana's official state website.
Like federal law, Montana labor law does not require your employer to provide rest or meal breaks. However, if your employer does provide such breaks, they are counted as paid time, unless they are longer than 30 minutes and you are completely relieved from work during them.
Under Montana labor law, an employer who does not pay an employee properly is guilty of a misdemeanor. Violations of wage-and-hour provisions for certain other jobs may carry other criminal penalties.
Detailed information on how to file a wage-and-hour claim with the Montana Department of Labor and Industry can be found at Montana's Department of Labor and Industry webpage. If you file an administrative claim, the Department can issue a default order (if your employer does not respond) or may hold a hearing to determine if you are owed what you say you are owed. If your employer still refuses to pay, the Department can apply to a state court to have the order enforced. In addition to receiving the wages you are owed, the Department may assess a penalty of up to 110% of the recovered money, which you will also receive.
Do not delay in contacting the Department of Labor and Industry to file a claim. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for this agency to act on your behalf, you must file a claim within 180 days of default or delay in paying wages. Once you have filed, you can recover wages and penalties for the two years prior to the date on which the claim is filed; if you no longer are employed by the employer who denied you your wages, then you can recover for the last two years you were employed. In addition, if your employer has violated the wage-and-hour laws before, you can recover for wages for the three years prior to the date you filed, or, if you are no longer employed by your employer, the last three years that you worked. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim with the district and federal administrative agencies.
If you do not want to go through the Department of Labor and Industry, you can also file a suit in Montana state court; you are not required to go through the Department's process first. If you sue in court, you are entitled to costs and attorney's fees if you win. The same time deadlines explained above apply if you file in court.
State Labor Agency
Labor Standards Bureau
1805 Prospect Avenue
Helena, MT 59620-1503
Phone: (406) 444-5600
You can call the Labor Standards Bureau's Wage and Hour Unit at (406) 444-5600
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