What are Minimum Wages and Hours?
Montana Wage and Hour Laws: Minimum Wage, Overtime, and Retaliation Protections
General Provisions of the Wage and Hour Laws – The Montana Minimum Wage Law of 1971 establishes minimum wage, maximum hours and overtime pay for all employment covered under the law – unless specifically exempted. The Montana Minimum Wage Law applies to all workers in Montana. Employees covered by the Fair Labor Standards Act must be paid at least the federal minimum wage but in no case can they be paid less than the wage required by Montana law – unless the law provides for a specific exemption. Montana’s minimum wage is
determined by MCA 39‐3‐409. The minimum wage is subject to a cost‐of‐living adjustment based on the Consumer Price Index no later than September 30 of each year, which becomes effective January 1 of the following year. The current Montana minimum wage can be found at the Montana Department of Labor and Industry's website. Overtime Payment – Unless specifically exempt by Montana law, all employees must be paid at least one‐and-one half times the employee's regular rate of pay for all hours worked in excess of 40 hours in a work week. Application of the overtime provisions of subsection (1) to the employment of firefighters and law enforcement Sample Harassment Prevention Policy Continued Retaliation. No hardship, no loss or benefit, and no penalty may be imposed on an employee as punishment for:
a) Filing or responding to a bona fide complaint of discrimination or harassment;
b) Appearing as a witness in the investigation of a complaint; or
c) Serving as an investigator.
Please report any retaliation to your supervisor, mayor, city manager or designee. Any report of
retaliatory conduct will be objectively, timely and thoroughly investigated in accordance with the [CITY/TOWN] investigation procedure. Retaliation or attempted retaliation is a violation of this policy and anyone who does so will be subject to disciplinary actions, up to and including termination. Montana Municipal Officials Handbook 112 officers by the state must be consistent with the Fair Labor Standards Act of 1938, as amended, and consistent with regulations promulgated under the act. Executives, administrative, and professionals who are paid on a salary basis are exempt from overtime. (Salaried workers who do not meet the definition of executive, administrative, or professional must be paid overtime in addition to their salary.) The definitions of these exemptions can be located at the Department of Labor and Industry’s website or contact the Wage and Hour Unit at (406)444-6543 for more information on the exemptions from overtime. Avoiding the Salary Trap – Employers must realize that even if they pay an employee a salary versus an hourly wage, they are still subject to the requirements of state and federal minimum wage and/or overtime laws. Payment of a salary by itself does not exempt an employee unless the business or the individual is exempted from the law.
Holiday, Vacation, Sick and Severance Pay – Overtime or premium pay is not required for working on holidays or weekends unless those hours are in excess of 40 for the workweek (or part of a collective bargaining agreement). Holiday pay is a benefit that may be paid at the employer’s discretion. Overtime is based on actual hours worked, absent practice or contract. Even though the total hours (work hours plus holiday, vacation, or sick pay) for the week might exceed 40, overtime pay is not required unless an employee actually worked more than 40 hours. Refer to the collective bargaining agreement and policy to determine what pay counts as hours worked.
determined by MCA 39‐3‐409. The minimum wage is subject to a cost‐of‐living adjustment based on the Consumer Price Index no later than September 30 of each year, which becomes effective January 1 of the following year. The current Montana minimum wage can be found at the Montana Department of Labor and Industry's website. Overtime Payment – Unless specifically exempt by Montana law, all employees must be paid at least one‐and-one half times the employee's regular rate of pay for all hours worked in excess of 40 hours in a work week. Application of the overtime provisions of subsection (1) to the employment of firefighters and law enforcement Sample Harassment Prevention Policy Continued Retaliation. No hardship, no loss or benefit, and no penalty may be imposed on an employee as punishment for:
a) Filing or responding to a bona fide complaint of discrimination or harassment;
b) Appearing as a witness in the investigation of a complaint; or
c) Serving as an investigator.
Please report any retaliation to your supervisor, mayor, city manager or designee. Any report of
retaliatory conduct will be objectively, timely and thoroughly investigated in accordance with the [CITY/TOWN] investigation procedure. Retaliation or attempted retaliation is a violation of this policy and anyone who does so will be subject to disciplinary actions, up to and including termination. Montana Municipal Officials Handbook 112 officers by the state must be consistent with the Fair Labor Standards Act of 1938, as amended, and consistent with regulations promulgated under the act. Executives, administrative, and professionals who are paid on a salary basis are exempt from overtime. (Salaried workers who do not meet the definition of executive, administrative, or professional must be paid overtime in addition to their salary.) The definitions of these exemptions can be located at the Department of Labor and Industry’s website or contact the Wage and Hour Unit at (406)444-6543 for more information on the exemptions from overtime. Avoiding the Salary Trap – Employers must realize that even if they pay an employee a salary versus an hourly wage, they are still subject to the requirements of state and federal minimum wage and/or overtime laws. Payment of a salary by itself does not exempt an employee unless the business or the individual is exempted from the law.
Holiday, Vacation, Sick and Severance Pay – Overtime or premium pay is not required for working on holidays or weekends unless those hours are in excess of 40 for the workweek (or part of a collective bargaining agreement). Holiday pay is a benefit that may be paid at the employer’s discretion. Overtime is based on actual hours worked, absent practice or contract. Even though the total hours (work hours plus holiday, vacation, or sick pay) for the week might exceed 40, overtime pay is not required unless an employee actually worked more than 40 hours. Refer to the collective bargaining agreement and policy to determine what pay counts as hours worked.