Montana Overtime Law

Montana Minimum Wage Law

The Montana Minimum Wage is currently the same as the Federal Minimum Wage, $7.25 per hour.  It will remain the same, at least until the end of 2010.

No tip credit, meal credit or training wage is allowed under Montana Minimum Wage Law.

Last Paycheck

When an employee is laid off or discharged, all wages are due immediately (within four hours or end of the business day, whichever occurs first), unless the employer has a preexisting, written policy that extends the time for payment in which case, the wages may not be delayed beyond the next payday for the period in which the separation occurred, or 15 calendar days, whichever occurs first.

When an employee quits, wages are due on the next scheduled payday for the period in which the employee was separated, or 15 calendar days, whichever occurs first.

Montana Overtime Law

Most employees are entitled to be paid time and one-half their regular rate of pay for any time worked over 40 hours in the employer’s seven-day workweek. Even though the total hours (work hours plus holiday, vacation or sick) for the week might exceed 40, overtime pay is not required unless an employee actually worked more than 40 hours. There are certain exceptions, however.

For more information regarding Montana Wage and Hour Laws and Montana Overtime Law visit the Montana Department of Labor & Industry at

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