39-3-204 MCA.       n) A person placed as a participant in a public assistance program authorized by Title 53 into a work setting for the purpose of developing employment skills. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. That means that restaurants and other employers with tipped employees must pay minimum wage before tips. Only the hours that the employee was employed in a capacity other than the employee's regular occupation may be excluded form the calculation of hours to determine overtime compensation. 3508.   u) A person employed as a guide, cook, camp tender, outfitter's assistant, or livestock handler by a licensed outfitter as defined in 37-47-101.  If you believe you're employer hasn't been paying you what you're owed, you may be able to file a claim. Employment in excess of 8 hours a day or 80 hours in a 14-day period must be compensated for at a rate of not less than 1½ times the hourly wage rate for the employee. The work week can begin any day of the week or at any hour established by the employer. Application of the overtime provisions of subsection (1) to the employment of firefighters and law enforcement 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. The placement may be with either a public or private employer.     Hours worked each work day and total hours worked each work week 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 state law requires that an employee who is fired must be paid owed wages on the same day. (Example: An employee is paid $9.00 an hour. SITE MAINTAINED BY: State Information Technology Services Division 125 N. Roberts PO Box 200113 Helena, MT 59620-0113 Service Desk (406) 444-2000 | Fax (406) 444-2701. Montana law requires most employees to be paid 1.5 times their regular rate of pay for any period worked over 40 hours in the employer's seven-day workweek. (2) Wages may be paid to the employee by electronic funds transfer or similar means of direct deposit if the employee has consented in writing or electronically, if a record is retained, to be paid in this manner.        x) An employee of the state or its political subdivisions employed, at the employee's option, on an occasional or sporadic basis in a capacity other than the employee's regular occupation. Salary Laws for Vacation & Sick Days. Employers can write or phone the Wage and Hour Unit to determine whether an exemption is authorized. Unless specifically exempt by Montana law, all employees must be paid at least one-and-one-half times the employee's regular rate of pay for all hours worked in excess of 40 hours in a work week (1.5 x$ = $). Montana's state minimum wage rate is $8.50 per hour.This is greater than the Federal Minimum Wage of $7.25. w) An employee of the consolidated legislative branch as provided in 5-2-503. A service charge is defined as an arbitrary fixed charge added to the customer's bill by an employer in lieu of a tip which is collected by the employer and must be distributed directly to the non-management employee preparing or serving the food or beverage or to any other employee involved in related services, pursuant to a tip pool agreement. 24.16.211). However, employers are allowed to bypass this regulation if they have put a different arrangement in writing with the employee ahead of time. FMLA allows new parents to take up to 12 weeks off to bond with their child in the first year after birth or placement through adoption or foster care. If there is not an established time period or time when wages are due and payable, the pay period is presumed to be semimonthly in length. Minimum Wage.     (b) The employers files a report of the theft with the local law enforcement agency within 7 business days of separation from employment, subject to the following conditions: (i) If no charges are filed in a court of competent jurisdiction against the employee for the alleged theft within 30 days of the filing of the report with a local law enforcement agency, wages are due and payable upon the expiration of the 30-day waiting period. h) Learners under the age of 18 who are employed as farm workers, provided that the exclusion may not exceed a period of 180 days from their initial date of employment and further provided that during this exclusion period, wages paid the learners may not be less than 50% of the minimum wage rate established in this part. However, reasonable deductions may be made for board, room, and other incidentals supplied by the employer, whenever the deductions are a part of the conditions of employment, or as otherwise provided for by law. y) An employee of an air carrier subject to the provisions of 45 U.S.C. (ARM 24.16.6101 through 24.16.6102(9)(b). Employer Support of the Guard and Reserve, Employer Legal Information Resource Guide, HIPAA and Release of Workers' Compensation Information, Search Montana's Certificate and Associate Degree Programs, All Insurers & Medical Providers Services, Electronic Prior Claim (EPC) History System, Historic WC Medical Reimbursement Conversion Factors, Historical Fee Schedule Conversion Factors for 2003-2007, Workers' Compensation Claim Reporting by Insurers, Insurers - Third Party Administrators Reporting Forms, Filing a Wage Claim, Instructions and Form, Montana Military Service Employment Right Act (MMSERA), Introduction to the Montana Safety Culture Act, Montana Occupational Safety and Health Act, Clinical Laboratory Science Practitioners, Elevator Contractors, Mechanics, and Inspectors Licensing Program, Private Alternative Adolescent Residential or Outdoor Programs, Provider Orders for Life Sustaining Treatment, Speech-Language Pathologists and Audiologists. Helena MT 59620-1503 When they work more than 40 hours in a work week, they are due at least one-and -one-half times (1.5 X) their regular rate for each hour in excess of 40. p) An employee of a hospital or other establishment primarily engaged in the care of the sick, disabled, aged, or mentally ill or defective who is working under a work period not exceeding 80 hours in a 14-day period established through either a collective bargaining agreement when a collective bargaining unit represents the employee or by mutual agreement of the employer and employee when a bargaining unit is not recognized. U.S. Department of Labor. Protect Your Rights With the Help of a Lawyer. Employer-furnished facilities: The term "wage" can include the reasonable cost to the employer for furnishing the employee with lodging or other facilities. A free inside look at Montana's salary trends based on 75 salaries wages for 32 jobs at Montana's. f) A salesperson paid on a commission or contract basis who is primarily engaged in selling advertising for a radio or television station employer. Sections 39-3-401 to 39-3-409 provide for minimum wage and hours for workers in the State of Montana, delegating to the Commissioner of Labor and Industry the duty of administering the Act, and providing enforcement.     Total wages paid each pay period Under this pay agreement, their regular rate will vary when they work overtime. "Final Rule: Overtime Update," Accessed June 20, 2020.     Social Security Number (3) If an employee submits a timesheet after the employer's established deadline for processing employee timesheets for a particular time period and the employer does not pay the employee within the 10-day period provided for in subsection (1), the employer may pay the employee the wages due in the ensuing pay period. Popular Jobs Average Salary Salary Distribution; Director.     Total additions to, or deductions from earnings            i) primarily employed during the workweek in agriculture by a farmer; and For employers with gross annual receipts of $10,000 or less, the minimum wage is $4.00. The Montana Highway Patrol offers a competitive salary and an excellent benefit package to troopers: Salary: Recruits are paid $19.45 per hour while they attend the Law Enforcement Officer Basic Course and the MHP Advanced Traffic Enforcement Course. For example, to qualify for exempt status, an administrative employee must receive a minimum salary of $455 per week. If they worked a 44-hour work week, they would be entitled to at least one-and-one-half times (1.5 x) $9.00 or $13.50for each hour over 40. 31502.       k) An individual employed by the United States of America. The $21.95 overtime premium brings the employee's total earnings to $416.95.) Even if the total hours for the week exceed 40 when vacation or sick time is included, overtime pay is not required unless an employee actually worked more than 40 hours. Their regular rate of pay is $375 ÷ 40 hours, or $9.38 an hour. Location.            ii) paid for employment in connection with the livestock auction operations at a wage rate not less than that prescribed by 39-3-404. If the salary is for a half-month, it must be multiplied by 24 and the product divided by 52 weeks to get the weekly equivalent. State of Montana employees earn $40,000 annually on average, or $19 per hour, which is 49% lower than the national salary average of $66,000 per year.According to our data, the highest paying job at State of Montana is an Analytical Chemist at $37,000 annually. www.mtwagehourbopa.com. State and federal laws regarding wages and hours worked are meant to protect workers from exploitation. Payment of wages generally. State wage and hour laws protect workers' rights in various ways including setting the minimum wage and limiting how many hours an employee can work per day. Visit our professional site », Created by FindLaw's team of legal writers and editors "Fact Sheet #17G: Salary Basis Requirement and the Part 541 Exemptions Under the Fair Labor Standards Act (FLSA)." If you earn more then the Montana minimum wage rate, you are entitled to at least 1.5 times your regular hourly wage for all overtime worked. Federal and State Laws for Montana Public Employers Only. How do these crazy laws get on the books? While labor laws don’t require employers to give you paid vacation days or sick days, the Family and Medical Leave Act requires employers to give up to 12 weeks of unpaid leave for certain medical issues. | Last updated December 11, 2018. 3. Salary estimates based on salary survey data collected directly from employers and anonymous employees in Montana, United States. However, if a Montana employee quits, they … Assuming the employee receives no compensation other than that stated, here are some typical examples based on a maximum work week of 40 hours: 1. p) An employee employed in domestic service employment to provide companionship services, as defined in 29 CFR 552.6, or respite care for individuals who, because of age or infirmity, are unable to care for themselves as provided under section 213(a)(15) of the Fair Labor Standards Act, 29 U.S.C. 60501, the provisions of part I of the Interstate Commerce Act. (1) Except as provided in subsections (2) and (3), every employer of labor in the state of Montana shall pay to each employee the wages earned by the employee in lawful money of the United States or checks on banks convertible into cash on demand at the full face value of the checks, and a person for whom labor has been performed may not withhold from any employee any wages earned or unpaid for a longer period than 10 business days after the wages are due and payable, except as provided in 39-3-205. The state minimum wage is $8.65 per hour. These state laws must not dip below the federal wage and hour limits outlined in the Fair Labor Standards Act (FLSA). g) Apprentices or learners, who may be exempted by the commissioner for a period not to exceed 30 days of their employment. Montana doesn’t have any laws that provide parental leave, although Fathers have access to bonding time with new children through FMLA law. Many states allow employers to require tip pooling or “tipping out.” All employees subject to the pool have to chip in a portion of their tips, which are then divided among a group of employees. SALARY RATE-Current, thru end of Dec., 2020 - $92.46/day (Equivalent to $11.56/hr) Effective Jan. 4, 2021 (upon being sworn in) - $100.48/day (Equivalent to $12.56/hr) Sec. Montana CAFR at a Glance Governmental Funds Explore the Data Revenue and Expenditures Other Financing Sources Current Expenditure by Function . (3) When an employee is discharged by reason of allegation of theft of property or funds connected to the employee's work, the employer may withhold from the employee's final paycheck an amount sufficient to cover the value of the theft if: (a) The employee agrees in writing to the withholding; or Add a Salary . The following records are required for employees subject to the Montana Minimum Wage Law: Name 213, when the person providing the service is employed directly by a family member or an individual who is legal guardian. Salaries posted anonymously by State of Montana employees. If the employee is found not guilty or if the employer withholds an amount in excess of the value of the theft, the court may order the employers to pay the employee the withheld amount plus interest. 39-3-201 MCA. If wages are not paid as described above, a penalty can be assessed against an employer who does not pay accordingly. The federal minimum wage is $7.25 per hour. Exceptions to Montana's Minimum Wage and Overtime Compensation Laws. In the state of Montana, the majority of workers who receive an hourly wage and work over 40 hours in a 7-day work week must be provided with overtime compensation. Copies of ARM are available at the office of the Secretary of State, State Capital, Helena MT 59620. Student employees of seasonal amusement or recreational areas (who are furnished board and room) must receive one-and-one-half time (1.5 x) their regular rate of pay for all hours worked in excess of 48 in any work week. These 8 Crazy Laws In Montana Will Leave You Scratching Your Head In Wonder. l) An employee who is employed with the employee's spouse by a nonprofit educational institution to serve as the parents of children who are orphans or one of whose natural parents is deceased or who are enrolled in the institution and reside in residential facilities of the institutions so long as the children are in residence at the institution and so long as the employee and empoyee's spouse reside in the facilities and receive, without cost, board and lodging from the institution and are together compensated, on a cash basis, at an annual rate of not less than $10,000. (ii) If charges are filed against the employee for theft, the court may order the withheld wages to be offset by the value of the theft. Last updated: September 15, 2020. If, under the employment agreement, a salary sufficient to meet the minimum wage requirements in every work week is paid as straight time pay for whatever number of hours are worked, the regular rate is arrived at by dividing the salary by the hours worked each week. When they work overtime, they will be entitled to one-and-one-half times (1.5 X) the $9.38, or $14.07 for each hour more than 40 hours.). If a salary is paid on other than a weekly basis, the weekly pay must be determined in order to compute the regular rate and overtime. 39-3-206 MCA. Montana law does not specify the frequency with which an employer must pay employees.        v) An employee employed as a radio announcer, news editor, or chief engineer by an employer in a second-or-third class city or town. Classification is based on job duties and other criteria, including pay level. Sec. Salaries: The regular rate for an employee who is paid a salary for a specified number of hours a week is arrived at by dividing the weekly salary by the number of hours worked. Microsoft Edge. Accessed June 21, 2020. Official statements of policy and procedure are contained in the regulations formally adopted by the Investigation Section of the Montana Department of Labor and Industry and are published in the Administrative Rules of Montana (ARM). Regular rate: The "regular rate" can be more than the minimum wage; it cannot be less. Employment for two or more work weeks cannot be averaged for overtime or minimum wages.        t) An employee of a retail establishment if the employee's regular rate of pay exceeds 1½ times the minimum hourly rate applicable under section 206 of the Fair Labor Standards Act of 1938, 29 U.S.C. The current salary … For employers with gross annual receipts of $10,000 or less, the minimum wage is $4.00. b) Persons employed in private homes whose duties consist of menial chores, such as babysitting, mowing lawns, and cleaning sidewalks. j) An individual employed in a bona-fide executive, administrative, or professional capacity, as these terms are defined by regulations of the commissioner,  a computer systems analyst, computer programmer, software engineer, network administrator, or other similarly computer employee who earns not less than $27.63 an hour pursuant to 29 CFR 541.400 or 541.402, or an individual employed in an outside sales capacity as defined in 29 CFR 541.500.  206, and if more than half of the employee's compensation for a period of not less than 1 month is derived from commissions on goods and services. The exclusion does not apply to an employment relationship formed in the work setting outside the scope of the employment skills activities authorized by Title 53. If an employee believes they have not been paid properly by an employer they can file a wage claim. (Prior approval required.) Montana's minimum wage and overtime laws cover all jobs that are exempt under federal law. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. An employer must pay wages within 10 days after the end of the pay period in which they are earned. An entry level law enforcement officer (1-3 years of experience) earns an average salary of $44,112. 10 salaries reported. The average Employment Law Attorney I salary in Montana is $80,973 as of October 28, 2020, but the range typically falls between $66,895 and $89,225. "How Do State Overtime Pay Rules Differ From Federal Law?" (Prior approval required.) n) An employee of a sheriff's office who is working under an established work period in lieu of a workweek pursuant to 7-4-2509(1). If they work 50 hours, their regular rate is $9 an hour ($450 divided by 50 hours). As part of its function the bureau processes claims from employees who did not receive wages in a timely fashion or pursuant to their employment contract. However, an employee may not be required to use electronic funds transfer or similar means of direct deposit as a method for payment of wages. If you are interested in such a presentation, please call or write to the Investigation Section. Her main duties must be office or non-manual work linked directly to management, business operations, or customers. The following lists are employees are exempt from both the minimum wage and overtime provisions or only the overtime provisions of the law.     Regular hourly rate of pay and length of pay period "Declaration of Policy. (2) Except as provided in subsection (3), when an employee is separated for cause or laid off from employment by the employer, all the unpaid wages of the employee are due and payable immediately upon separation unless the employer has a written personnel policy governing the employment that extends the time for payment of final wages to the employee's next regular payday for the pay period or to within 15 days from the separation, whichever occurs first. Montana Legislator Compensation. Both the employee and the employer can be represented by counsel. (406) 444-6543 This applies to contracts entered into on or after April 14, 1995. You are entitled to be paid the higher state minimum wage.     Home Address raised the salary of exempt white collar workers from a previous minimum of $24,660 to a new minimum of $47,476 (Example: An employee is paid a salary of $375 for a 40-hour week. His salary was compared by the Department of Administration to pay for governors in Idaho, North Dakota, South Dakota and Wyoming. The Compliance and Investigations Bureau enforces provisions of the Montana Wage Payment Act, minimum wage and overtime law, Public Contracts / Prevailing Wage Law and the State Child Labor Standards Act. The Montana Minimum Wage Law applies to all workers in Montana. Law Degree Salaries in Montana Salary estimated from 170 employees, users, and past and present job advertisements on Indeed in the past 36 months. The average Professor - Law salary in Montana is $155,581 as of September 25, 2020, but the range typically falls between $108,913 and $214,829. Service charges, if imposed by a business engaged into the food, beverage or lodging industry, belongs to the employee. Last updated: September 18, 2020 Tip Pooling. The state minimum wage is subject to a cost-of-living adjustment based on the Consumer Price Index no later than September 30th of each year, which becomes effective January 1st of the following year. Employment in excess of 40 hours in a 7-day, 40-hour work period must be compensated at a rate of not less than 1½ times the hourly wage rate for the employee.     Total weekly overtime compensation Whether an employer is covered or exempt under the Montana Minimum Wage Law may require a case-by-case evaluation. 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. Google Chrome, If the employee quits their employment : On the next scheduled pay day for the period in which the employee quits, or 15 calendar days, whichever occurs first. The average salary earned by U.S. governors was $128,735. Under Montana law tips do not count as part of an employee's wage for purposes of the minimum wage. Are you a legal professional? Hours worked: Any employee subject to the Montana Minimum Wage Law must be paid in accordance with its provisions for all hours worked during the work week. g) An employee employed as a driver or driver's helper making local deliveries who is compensated for such employment on the basis of trip rates or other delivery payment plan if the commissioner finds that the plan has the general purpose and effect of reducing hours worked by the employees to or below the maximum work week applicable to them under 39-3-405. When providing overtime compensation, an employer must pay at least 1.5 times the workers’ regularly hourly wage. The employer can't put an employee on salary to evade overtime laws. U.S. Department of Labor.        j) An employee of an establishment commonly recognized as a country elevator, including an establishment that sells products and services used in the operation of a farm if no more than five employees are employed by the establishment. The exemptions, however, are subject to Department of Labor and Industry rules and regulations. Please try again. However, many employment contracts include paid vacation and sick days. Stay up-to-date with how the law affects your life, Name Closure or Layoff at Government Facility (39-2-1001 to 30-2-1003) Collective Bargaining for Public Employees (Title 39, Chapter 31) Government Code of Fair Practices (Title 49, Chapter 3) This article outlines Montana's main wage and hour laws. Most employers in Montana are required to pay their employees a wage of at least $8.30 per hour. Inquiries about the Montana Minimum Wage laws and other Montana labor laws and their application will be answered by mail, telephone or personal interview at the: Department of Labor and Industry Before the meal period can start b ). 60501, the minimum wage is $ for. Write to the extent they are excluded under an applicable collective bargaining agreement by reCAPTCHA and the to! Investigation Section much they make in tips employed as an outside buyer of poultry, eggs, cream, customers! Is protected by reCAPTCHA and the product divided by 50 hours, on... Higher state minimum wage is $ 4.00 a 40-hour week provisions of part i of the business day to. Includes all payments made by the Department of Labor and industry rules and regulations you believe you employer. Of state, state Capital, Helena MT 59620 Legislative salaries in Montana states the payment must within. Are allowed to bypass this regulation if they work overtime any worker, write or call the wage and laws... 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