Understanding Montana break laws is important for both employees and employers, as these rules determine when breaks must be provided, how they are treated for pay purposes, and which workers receive special protections.
While Montana does not require rest or meal breaks for most employees, state and federal laws still apply in specific situations.
This article provides a clear and up-to-date overview of Montana labor laws on workplace breaks, including rules for rest and meal breaks, breastfeeding breaks for public and private employees, and the penalties employers may face for violating these requirements.
Key Takeaways From Montana Break Laws
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This Article Covers
- Rest Breaks in Montana
- Meal Breaks in Montana
- Breastfeeding Breaks in Montana
- Breaks for Minor Employees in Montana
- Penalties for Violating Break Laws in Montana
Rest Breaks in Montana
In Montana, there are no federal or state laws that require employers to give rest breaks to employees. However, if an employer chooses to offer rest breaks, that time is considered work time and is paid.
Meal Breaks in Montana
Employers in Montana are not required to provide employees with meal breaks under both federal and state laws.
However, employers in Montana can still choose to provide their employees with a meal break. Meal breaks lasting at least 30 minutes are not work time and are unpaid, provided that the employee is completely relieved of all job duties for the duration of the break.
Learn about your rights as a salaried employee in Montana.
Breastfeeding Breaks in Montana
Breastfeeding Breaks for Public Employees in Montana
Public employers in Montana, including state and county governments, municipalities, schools, districts, and universities, must provide nursing employees with reasonable unpaid break time each day to express breast milk as per state law.
When possible, this break time should be taken concurrently with the employee’s existing breaks. However, public employers do not have to provide pumping breaks if doing so would disrupt their operations.
Employers must also make reasonable efforts to provide a private space near the employee’s work area for expressing milk. This space cannot be a toilet stall. Additionally, employers are encouraged to provide access to suitable milk storage facilities.
Breastfeeding Breaks for Employees Covered by Federal Law in Montana
Montana employees covered by the federal FLSA receive reasonable breastfeeding break time to express milk for one year after childbirth, whenever required.
While breastfeeding break time does not have to be paid, employees must be completely relieved from all job duties during this time. If an employee continues working while pumping, the time must be treated as paid work time.
Employees may also use their existing paid breaks for breastfeeding. In such cases, they must be compensated the same way other employees are paid for those breaks.
Employers must also provide a private, non-bathroom space that is shielded from view and free from intrusion.
Some employees are exempt from federal breastfeeding break requirements, including some airline, railroad, and motorcoach carrier employees. Additionally, employers with fewer than 50 employees may qualify for an exemption if compliance would cause an undue hardship to their business operations.
Breaks for Minor Employees in Montana
Montana does not have specific laws requiring breaks for minor employees. However, Montana’s child labor laws have clear rules that limit when and how long a minor employee is allowed to work in the state.
Minor employees aged 14 and 15 cannot work before 7 a.m. or after 7 p.m. This limit is extended during a period in the summer (from June 1 through Labor Day) when they can work until 9 p.m.
These minors can work up to three hours on a school day and no more than 18 hours in a school week. On non-school days, minor employees in Montana can work up to eight hours in a single day and up to 40 hours in a week.
There is an exception for minors aged 14 and 15 who are working in a school-supervised and school-administered job or in a career exploration program approved by the department or the Office of Public Instruction. When such a program is in session, these minors can work up to 23 hours a week, and any number of those work hours may take place during school hours.
Penalties for Violating Break Laws in Montana
It is unlawful for a public employer in Montana to refuse employment, discharge, or discriminate against an employee who expresses milk in the workplace. Employees whose breastfeeding rights are violated can file a complaint with the Montana Human Rights Bureau.
If employers covered by the FLSA deny employees breastfeeding break time or discriminate against an employee for taking pumping breaks at work, it is considered a violation. Such employees can file a complaint with the U.S. Department of Labor’s Wage and Hour Division to seek remedies such as:
- Employment, reinstatement, or promotion.
- The payment of lost wages and an equivalent amount as liquidated damages.
- Compensatory damages resulting from the violation.
- Punitive damages, when required.
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.
