Compliance Watch:
What are my overtime rights in Montana?

June 6th 2024

In Montana, overtime regulations are governed by the federal Fair Labor and Standards Act (FLSA) and state laws. Understanding your overtime rights is essential to ensure you are fairly compensated for your extra work hours.

This article provides a comprehensive guide to the overtime rights of employees in Montana, from determining eligibility pay to understanding how overtime rates are calculated and the steps to take if employee rights have been violated.

This Article Covers

Understanding Overtime in Montana
Common Questions About Overtime in Montana
Legal Working Hours in Montana
Overtime Eligibility in Montana
    Overtime Payment Calculations in Montana
      Receiving Overtime Payment in Montana
      Violations of Overtime Law in Montana

      Understanding Overtime in Montana

      Is overtime pay mandatory in Montana?

      Yes, overtime pay in Montana is mandatory for all non-exempt employees under federal and state law. Employees are entitled to overtime pay of one and a half times their regular hourly rate for hours worked over 40 in a workweek.

      When do I qualify for overtime pay in Montana?

      You qualify for overtime pay in Montana if you are a non-exempt employee and work over 40 hours in a workweek. Determining exempt status involves evaluating your salary basis, salary level, and job duties.

      How much is overtime pay in Montana?

      Overtime pay in Montana is calculated at one and one-half times the regular hourly rate for all hours worked beyond 40 in a workweek.

      For example, if the minimum hourly rate in Montana is $10.30 per hour, the overtime rate of a minimum wage employee would be $15.45. So, for every hour worked beyond 40, the employee would be paid $15.45 per additional hour.

      Which laws govern overtime in Montana?

      Federal and state laws govern overtime in Montana, ensuring employees are fairly compensated for overtime work. Here are the key laws that regulate overtime in Montana:

      • Fair Labor Standards Act (FLSA): The FLSA is the primary federal law that regulates overtime pay in the United States. Under the FLSA, non-exempt employees must receive overtime pay at one and one-half times their regular pay rate for all hours worked over 40 in a workweek.
      • Montana Wage and Hour Law: Under Title 39 of the Montana Code Annotated, Chapter 3 outlines provisions related to minimum wage and overtime pay. These statutes are the legal framework for determining which employees are eligible for overtime pay, the calculation of overtime rates, and enforcement mechanisms to ensure compliance.

      Common Questions About Overtime in Montana

      Do employers have to pay overtime in Montana?

      Yes, employers are required to pay overtime to eligible employees in Montana. The state’s overtime law follows the FLSA standards which mandate that non-exempt employees are eligible for overtime compensation at 1.5 times their regular hourly rate.

      Can an employee refuse to work overtime in Montana?

      Employees in Montana can refuse to work overtime. However, it is crucial to consider the terms stipulated in the employment contract, any applicable collective bargaining agreements, or specific company policies regarding overtime.

      Refusing to work overtime could have implications for job security or advancement opportunities, depending on the circumstances and the employer’s policies.

      Can I take comp time instead of overtime pay in Montana?

      Private employers in Montana cannot offer compensatory (comp) time in place of overtime pay, except for specific exemptions. Comp time, which allows employees to take time off instead of receiving overtime pay for extra hours worked, is only allowed for public sector employees or under specific circumstances regulated by the FLSA for certain private sector employees.

      Can I get overtime pay in Montana without employer approval?

      In Montana, employers are required to pay overtime to eligible employees, regardless of whether the employer approved the overtime in advance. However, employees are expected to follow their employee’s policies and procedures regarding overtime, including obtaining approval before working overtime hours whenever possible.

      If an employee works unauthorized overtime, the employer may still be obligated to pay overtime wages for those hours worked, but the employee could potentially face disciplinary action for violating company policies.

      Does Montana have double-time pay?

      Montana does not mandate double-time pay for hours worked beyond a certain threshold. Instead, the state follows the FLSA guidelines which require employers to pay eligible employees one and a half times their regular hourly rate for any hours worked over 40 in a workweek.

      What is working ‘off-the-clock’ in Montana?

      Working “off-the-clock” refers to performing work-related tasks or duties for an employer without recording or receiving compensation for the time worked. “Off-the-clock” work can include tasks such as answering emails or calls outside regular work hours, completing work assignments at home, or performing job-related activities before or after scheduled shifts.

      What are common ways employers avoid paying overtime in Montana?

      Employers may attempt to avoid paying overtime in Montana through various methods, some of which may be unlawful. Common ways employers try to circumvent overtime payments include:

      • Misclassifying employees as exempt from overtime pay by labeling them as salaried or managerial employees when they do not meet the criteria outlined by state and federal laws.
      • Pressuring or requiring employees to work off-the-clock, failing to record or compensate them for all hours worked, including overtime hours.
      • Offering compensatory (comp) time in place of overtime pay, except under specific exemptions. However, some employers may attempt to substitute comp time for overtime pay unlawfully.
      • Manipulating work schedules to split a single workweek into two separate weeks to avoid exceeding 40 hours in a workweek and thus avoid paying overtime.
      • Shifting the timing of hours worked to ensure that any overtime hours fall within a different pay period, avoiding the requirement to pay overtime.

      Can you work seven days in a row in Montana?

      Yes, Montana has no specific laws that prohibit employees from working seven days in a row. However, employers should be mindful of employee’s health and safety concerns when scheduling employees to work extended periods without rest days.

      How many ten-hour days can you work in a row in Montana?

      Montana has no specific limit on the number of consecutive ten-hour workdays an employee can work. However, employers need to adhere to regulations regarding overtime pay and rest periods.

      Under federal law, non-exempt employees are entitled to overtime pay for any hours worked over 40 in a workweek. This means, that if an employee works more than 40 hours in one workweek, they are entitled to overtime pay, regardless of whether those hours are completed in ten-hour days or standard eight-hour days.

      What are full-time hours in Montana?

      Full-time hours in Montana are not specifically defined by state law. Instead, what constitutes full-time employment depends on the employer’s policies, industry standards, or any applicable collective bargaining agreements.

      Traditionally, full-time employment is understood as a standard workweek of 40 hours. However, some employers may consider employees working fewer hours as full-time, particularly in industries where shorter workweeks are common.

      How many hours straight can you legally work in Montana?

      In Montana, there is no specific limit on the number of consecutive hours an employee can work in a single shift for most occupations. However, certain industries or occupations may have specific regulations or standards regarding maximum consecutive work hours to ensure employee safety and well-being.

      Is overtime after eight hours or 40 hours in Montana?

      Overtime in Montana is calculated based on the total number of hours worked in a workweek, with overtime pay starting after 40 hours of work in a single workweek.

      Does working on the weekend qualify for overtime pay in Montana?

      Working on the weekend itself does not automatically qualify an employee for overtime pay. Overtime pay is determined by the total number of hours worked in a workweek, with overtime starting after 40 hours of work in a single workweek.

      So, if an employee works on the weekend and those hours, when combined with their hours during the rest of the workweek, exceed 40 hours, then the additional hours worked beyond 40 would qualify for overtime pay.

      How many hours-off between shifts is required in Montana?

      There are no required hours-off between shifts in Montana. However, employers are encouraged to provide reasonable rest periods between shifts to promote employee health, safety, and well-being.

      What does ‘hours-worked’ include in Montana?

      The definition of ‘hours-worked’ is important for determining eligibility for overtime pay and other wage-related benefits. In Montana, ‘hours-worked’ may include, but is not limited to, time spent:

      • Performing job duties at the workplace or another designated location.
      • Setting up equipment or preparing a workspace before work.
      • Cleaning up or completing mandatory reports after shift.
      • Taking short breaks (20 minutes or less).
      • Working during bona fide meal periods (at least 30 minutes or more), when the employee is supposedly completely relieved of their duty.
      • Attending meetings, training sessions, or other activities.
      • Waiting at the workplace or somewhere close to the premises for assignments, they cannot use their time for their purposes.
      • Sleeping when required to be on duty for 24 hours or more. However, taking a break of up to 8 hours of sleep can be excluded if adequate sleeping facilities are provided and the employee can enjoy an interrupted sleep.

      What are the most hours a salaried employee can work in Montana? 

      Montana labor laws do not specify the maximum number of hours that a salaried employee can work in a week. However, employers must comply with federal regulations regarding overtime pay for non-exempt salaried employees.

      Learn more about Your Rights as a Salaried Employee in Montana.

      What is the maximum number of hours an hourly employee can work in Montana?

      In Montana, there isn’t a specific state law that dictates the maximum number of hours an hourly employee can work in a day or week. However, certain industries or occupations may have specific regulations or standards regarding maximum work hours to ensure employee health, safety, and well-being.

      Learn more about Your Rights as an Hourly Employee in Montana.

      Overtime Eligibility in Montana

      Who is eligible for overtime pay in Montana?

      Montana follows the FLSA guidelines for overtime pay eligibility. Generally, non-exempt employees are eligible for overtime pay. These employees are typically those who are paid hourly wages and are not exempt from overtime pay provisions of the FLSA.

      Who is exempt from overtime pay in Montana?

      In Montana, some salaried employees are exempted from overtime pay. Generally, employees earning a minimum of $684 per week are not eligible for overtime compensation. Here are some common exemptions from overtime pay in Montana:

      • Salary Basis: Exempt employees are paid a predetermined, fixed salary that is not subject to reduction based on the quantity or quality of work performed. Such employees must meet or exceed the minimum salary threshold set by federal law, which is $684 weekly ($35,568 annually). Employers must note that salary thresholds are subject to change.
      • Executive Exemption: This exemption applies to employees whose primary duties involve managing the enterprise or customarily recognized department. Such employees must also direct the work of at least two or more full-time employees and have the authority to hire or fire employees, or their suggestions and recommendations as to hiring, firing, advancement, promotion, or other change of status are given particular weight.
      • Administrative Exemption: Employees qualify for this exemption if their primary duties involve office or non-manual work directly related to management or general business operations and include the exercise of discretion and independent judgment on significant matters.
      • Professional Exemption: This exemption applies to employees who perform work requiring advanced knowledge in a field of science or learning that is customarily acquired by prolonged specialized instruction or study. This category includes doctors, lawyers, engineers, and accountants.
      • Computer Employee Exemption: Employees engaged in computer-related occupations may be exempt if they meet certain criteria regarding their job duties, compensation, and qualifications.
      • Outside Sales Exemption: Employees whose primary duties involve making sales or obtaining orders or contracts for services or for the use of facilities are exempt from overtime pay requirements. Such employees must be paid on a salary or commission-based structure and should not spend more than 20% of their work hours doing duties other than sales.

      Can salaried employees get overtime pay in Montana?

      Yes, salaried employees can receive overtime pay in Montana if they are classified as non-exempt under the FLSA and they work more than 40 hours in a workweek.

      While being paid on a salary basis is a common characteristic of exempt employees, it does not automatically exempt an employee from overtime pay. The exemption depends on the specific job duties and responsibilities of the employee and whether they meet the criteria outlined by the FLSA for exempt status.

      Learn more in detail about Montana Salaried Employees Laws and Montana Overtime Laws.

      Overtime Payment Calculations in Montana

      What is my regular rate of pay in Montana?

      Your regular pay rate in Montana is the basis for calculating overtime and other forms of compensation. The minimum wage in Montana is $10.30 per hour or $15.45 per hour for additional hours worked. If you are not a minimum wage earner, you can calculate the regular rate of pay by dividing your total earnings for the workweek by the total number of hours worked. For example, if you earn $600 a week, your regular rate of pay would be $15 per hour (600 divided by 40 hours).

      How do you calculate overtime in Montana?

      Overtime in Montana is calculated based on the FLSA standards, which mandate that non-exempt employees be paid 1.5 times their regular hourly rate for any hours worked over 40 in a workweek.

      To calculate overtime in Montana, determine the total number of hours worked in a single workweek. If the total number of hours worked exceeds 40, the additional hours are compensated at 1.5 times the employee’s hourly rate.

      For example, if an employee works 45 hours in a workweek and their regular hourly rate is $15.

      • Regular pay = $15 per hour ($600 per week)
      • Overtime rate = hourly rate x 1.5 = $22.50 per hour
      • Overtime pay = additional hours x overtime rate = 5 x $22.50 = $112.50
      • Total pay for the week = $600 (regular pay) + $112.50 (overtime pay) = $712.50

      How is overtime taxed in Montana?

      Overtime pay is subject to federal and state income taxes, including Social Security and Medicare taxes. It is important to note that while overtime pay may push an employee’s total earnings into a higher tax bracket temporarily, only the income within that bracket is taxed at a higher rate. Employees can refer to their pay stubs to understand the amounts withheld for each type of tax from their overtime earnings.

      Receiving Overtime Payment in Montana

      How is overtime paid in Montana?

      Overtime wages in Montana must be paid in the same manner as regular wages. If an employee is typically paid via direct deposit, check, or cash, the overtime wages should be included in the same form.

      When do I receive my overtime paycheck in Montana?

      In Montana, the timing of receiving overtime paycheck is regulated to ensure employees are paid promptly for their work, including overtime hours. Employers must establish regular pay periods and wages must be paid on time. Pay periods can be weekly, bi-weekly, semi-monthly, or monthly, depending on the employer’s established payroll system.

      Violations of Overtime Law in Montana

      What if my employer refuses to pay me overtime in Montana?

      If your employer refuses to pay you overtime in Montana, you can discuss it with your employer or HR department to see if it can be resolved internally. If that does not work, you can file a complaint with the Montana Department of Labor and Industry. However, if both solutions do not resolve the issue, seek legal advice and file a lawsuit to recover unpaid wages and any damages you may be entitled to.

      What is the penalty for failing to pay overtime in Montana?

      The penalty for failing to pay overtime in Montana can involve several consequences for the employer. Employers may be required to pay the unpaid overtime wages owed to the employee. In addition, they may be liable for liquidated damages, which can amount to an equal sum of unpaid wages, doubling the amount owed.

      Persistent violations may also result in further investigations and stricter enforcement by the Montana Department of Labor and Industry (DLI).

      How can I file a wage claim for overtime in Montana?

      If the issue remains unresolved, you can file a wage claim with the Montana DLI. Filing a wage claim involves gathering documentation and any correspondence with your employer regarding wages and hours worked. Be sure to include a clear explanation of the amount you are owed and any supporting documentation.

      Can employers retaliate against employees for making a wage claim in Montana?

      No, employers in Montana are prohibited from retaliating against employees for making a wage claim. The federal and state laws protect employees who exercise their rights to file a complaint or participate in an investigation regarding wage and hour violations. Retaliation can include termination, demotion, reduced hours, or any other adverse employment action that negatively affects the employee’s job status or working conditions.

      Learn more about Montana Labor Laws through our detailed guide.

      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.

      Most Read