The Department enforces the payment of minimum wage and overtime compensation. When providing overtime compensation, an employer must pay at least 1.5 times the workers’ regularly hourly wage. Since most hourly employees don't work full time and/or take time off, actual yearly earnings will likely be lower. The wages are computed as follows: 36 hours x $9.50 per hour    =   $342.00 Wage and Hour Laws Wage and Hour Laws 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 overtime rate under Montana law is 1.5 times an employee’s regular pay rate. General information about state and federal overtime laws, with specifics about Montana's overtime laws which require premium pay for hours worked over a certain threshold. Who can join a Montana … The school's budget has been tight, so they switched from the old card-swipe system to a mobile application which rounds our punches to the nearest 15 minutes. 39-3-408. When we say that an employee is “exempt,” we generally mean that the employee is exempt from the protections of a federal law called the Fair Labor Standards Act, and that the employer need not be concerned with paying minimum wage or overtime to that employee. The federal laws regulating overtime state that as long as you are paid the proper rate, there is no limit on mandatory overtime for workers 16 and older. HELENA — The Montana Minimum Wage and Overtime Laws specifically set how much and when a worker must be paid. A list of additional exemptions exist to Montana's overtime law: Generally, hourly employees who earn under $455 per week ($23,660 per year) and who work in a non-exempt industry are eligible to receive overtime pay. Montana Laws for the most part pattern themselves after the Fair Labor Standards Act with regard to Unpaid Overtime in Montana. Montana Overtime Laws. Does Montana have state overtime laws that are different from federal law? Your job is classified as an Administrative position if your primary duty is non-manual work related to business operations, management policies, or administrative training. 39-3-402. Yes, according to Montana labor laws breaks if the business permits smoking around the workplace. The provisions of the Act are applicable to most … The employee then spends 6 hours preparing payroll for which $12 per hour is paid. Montana law requires that covered employers pay nonexempt employees overtime in the amount of 1 1 / 2 times the employee’s regular pay rate for hours worked in excess of 40 in a … When it comes to determining overtime and wage classifications, the law uses the terms exempt and non-exempt workers. Contact. Montana establishes special overtime thresholds for seasonal recreation workers receiving room and board (48 hours per week), and health care providers (8 hours a day, or 80 hours in a 14-day period).  4 hours x $8.30 per hour      =   $  33.20 If your work involves manual labor (such as construction worker, factory attendant, cashier, etc) you are probably protected under overtime law. Her regular rate is $8.30 per hour ($377.65 divided by 45½ hours). Montana's Overtime Minimum Wage Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. Overtime pay is 1.5 times your normal pay rate. Generally speaking, employers can require 100 hours or more of overtime without committing any violation of federal law. Employers in these situation must comply with any minimum wage requirements: employees subject to the authority of the United States secretary of transportation to establish qualifications and maximum hours of service pursuant to the provisions of 49 U.S.C. Toggle navigation. There are 19 states where no state law regarding overtime exists. The exceptions to Montana's overtime law generally track the federal law exceptions. Your job is classified as an Outside Sales position if your main duties are making sales or taking orders outside of their employer's main workplace. 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Montana Laws for the most part pattern themselves after the Fair Labor Standards Act with regard to Unpaid Overtime in Montana. Hello, I am an hourly employee working for a public school in Montana, contracted to work 40 hours weekly performing custodial work. In fact, some jobs require that an employee show up for overtime when directed to so, with refusal being a …  $9.72 ÷ 2 = ½ time rate = $4.86 per hour Therefore, Montana's overtime minimum wage is $12.75 per hour, one and a half times the regular Montana minimum wage of $8.50 per hour. California has a law that for every six days worked, employees need one day off without punishment. While some states have daily overtime limit which entitles any employee who works for more then a certain number of hours in a single day to be paid overtime, Montana does not specify a daily overtime limit. Certain employees are exempt from minimum wages, overtime pay, or both. Employees who perform different types of work for which they receive varying rates of pay must be paid overtime at a weighted average hourly rate. Learn more by reading fact sheets that cover a variety of overtime topics. Montana Overtime Pay Laws: Wage & Hour Lawyers . The exceptions to Montana’s overtime law generally track the federal law exceptions. If you believe your employer owes you overtime, learn how to file an overtime claim in Montana. Most hourly employees in Montana are entitled to a special overtime pay rate for any hours worked over a total of 40 in a single work week (defined as any seven consecutive work days by the Fair Labor Standards Act). Montana labor laws do not have any laws requiring an employer to provide a meal period or breaks to employees, thus the federal rule applies. Montana law requires that covered employers pay nonexempt employees overtime in the amount of 1 1 / 2 times the employee’s regular pay rate for hours worked in excess of 40 in a … Montana overtime laws are based on the number of hours worked in a traditional seven-day work week; the number of hours worked in a single day does not factor into the overtime calculation. Based on a 40 hour workweek, the minimum wage rate is set at $5.15 per hour. Out of an estimated 120 million workers in America, almost 50 million are exempt from overtime law. View Sitemap. Montana Montana follows federal overtime rules.  6 hours x $12.00 per hour    =   $  72.00 The following jobs are specifically covered by Federal overtime pay laws: All first-responders, including police, paramedics, and firefighters, are specifically offered overtime protection under the FLSA. Your job is classified as a Professional position if your primary duties require advanced knowledge and extensive education, including artists, certified teachers, and skilled computer professionals. 39-3-406. To learn more about wage and hour laws in Montana, contact the state Department of Labor and Industry. Court costs and attorneys' fees. To read the Federal Laws click here on the United States Codes Opens in new window and enter the title number and section number in the search engine. The laws are set forth by state statute and non-exempt employers must comply with these laws. The Department may investigate and enforce the payment of wages through administrative actions, hearings and Court enforcement. (39-3-201 to 39-3-217.) If your employer owes you overtime pay, a Department of Labor office in Montana will work with you to ensure you receive your fair wages for all hours worked. Hourly Pay; Salary & Overtime FAQs; Day Rate Pay; Commission Pay; Other Pay Schemes; Back; Job Types; FAQs; Case Overviews; Contact Us; Overtime Calculator × … Of the states that do have an overtime statute, 26 have the same requirement as the FLSA (1.5 rate of pay for hours worked beyond 40 in a work week). The overtime rate under Montana law is 1.5 times an employee’s regular pay rate. Wage and hour lawsuits in Montana can recover lost wages and other damages for workers in Montana who have been underpaid, denied wages or overtime, or have been forced to work off the clock. Fact Sheets. The federal law that governs the regulations for overtime is the Fair Labor Standards Act. If your job falls under any of the four categories described above, then you are not covered by federal or Montana unemployment regulations and your employer is not required to pay you an overtime premium. In Montana, non-exempt employees must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rate of pay. There is no cost for required posters: The Montana Department of Labor and Industry manages wage and hour issues for Missouri. The Fair Labor Standards Act (FLSA) and Montana labor law requires all employers in Montana to visibly display an approved Montana minimum wage poster, and other Montana and federal labor law posters, to ensure that all employees are aware of federal and Montana labor law and overtime regulations. Agricultural workers are still exempt from overtime laws mandated by the FLSA. Students who are employed by a seasonal amusement or recreational area and furnished with board, lodging or other … Independent contractors, who are not considered legal employees, are also exempt from overtime law. Toggle navigation. The yearly earnings estimate of $17,680.00 is based on 52 standard 40-hour work weeks.  46 hours worked                    =   $447.20 regular earnings, $447.20 ÷ 46 hours = regular rate = $9.72 per hour However, for those businesses with a gross annual sales of less than $110,000 the State minimum wage is $4.00 per hour. Nevada’s state overtime law requires that employers pay employees the overtime rate for any hours worked beyond: 40 in a workweek Be sure to check your state's specific overtime laws for any exceptions or additional rules. Missouri follows the federal overtime law. Is any of our data outdated or broken? § 39-3-205, an employer must immediately issue a final paycheck to a terminated employee, within four (4) hours or the end of the business day, whichever occurs first, unless the employer has a preexisting written policy to the contrary. Salaried employees are exempt. 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. While we take all precautions to ensure that the data on this site is correct and up-to-date, we cannot be held liable for the accuracy of the labor law data we present. In order to determine if a job is exempt from overtime, the FLSA provides a series of tests to determine the overtime eligibility of an employee based on pay rate, working conditions, skill level, and other factors. LEARN MORE. In 2008, close to 200,000 employees sucessfully received a total of $140,200,000 (140.2 million dollars) in overtime and minimum wage backwages from their employers as a result of filing an FLSA violation claim. Your Compliance Edge. Montana State Minimum Wage and Overtime Law Resource Page. Your job is classified as an Executive position if your full-time responsibility is management of two or more employees. Montana's law regarding overtime pay can be found in Title 39, Chapter 3, Parts 2 and 4 of the Montana Code Annotated. The federal rule does not require an employer to provide either a meal (lunch) period or breaks. Montana's overtime law is similar to the requirements of the federal Fair Labor Standards Act ("FLSA"), and … The Overtime Law requires employees paid hourly must be paid at a rate of one and one-half that rate for all hours worked over 40 hours per week. There are both federal and state laws that affect wage and overtime claims. As an example, New Jersey has restrictions on workers in healthcare facilities. The Nebraska Department of Labor manages wage and hour issues for Nebraska. External salespeople (who often set their own hours) are also exempted from MT overtime requirements, as are some types of computer-related workers. 39-3-206. Montana Overtime Statute of Limitation - The Montana Unpaid Overtime Lawyers at The Rasansky Law Firm handle Unpaid Overtime Lawsuits in Montana on behalf of the employees of Montana companies that fail to pay overtime wages as required by The Fair Labor Standards Act. Penalty for failure to pay wages at times specified in law. Employees covered by Montana’s overtime law must be paid 1.5 times their regular rates for hours worked in excess of 40 per week. Montana law requires that covered employers pay nonexempt employees overtime in the amount of 1 1 / 2 times the employee’s regular pay rate for hours worked in excess of 40 in a workweek (MT Code Sec. Montana's overtime law is essentially the same as the federal provision: if an employee works more than 40 hours in a given workweek, that employee is entitled to pay at one and one-half times the employee's regular hourly wage.. Wage and hour laws set the basic standards for pay and time worked—covering issues like minimum wage, tips, overtime, meal and rest breaks, what counts as time worked, when you must be paid, things your employer must pay for, and so on. Because of the nature of the work environment and working hours required by certain careers, there are a wide variety of specific exemptions to Montana overtime eligibility. State Minimum Wages | Federal Minimum Wage | The IRS views the worker whether a nanny, health aide, housekeeper, senior caregiver, gardener, chef, personal assistant, estate manager, etc. These laws do not apply to agricultural workers and administrative, executive and other professionals who receive a salary. Nevada Nevada has an overtime law employers must follow. An employee paid on a salary basis is entitled to overtime pay at a rate that is based in part on the terms of employment. 31502; Employee Benefits. Montana Minimum Wage Laws. Other exempt positions include some transportation workers, certain agricultural and farm workers, and some live-in employees such as housekeepers. Montana’s overtime law is essentially the same as the federal provision: if an employee works more than 40 hours in a given workweek, that employee is entitled to pay at one and one-half times the employee’s regular hourly wage. Your job must be salaried, primarily intellectual, and you must be expected to use discression and judgement. 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. In the U.S., the Department of Labor administers and enforces the deferral employment laws. Overtime Employees covered by Montana’s overtime law must be paid 1.5 times their regular rates for hours worked in excess of 40 per week. She is entitled to her regular earnings ($377.65) plus an additional half of her regular rate of $4.15 for each hour worked over 40. The exceptions to Montana's overtime law … Montana's overtime law is similar to the requirements of the federal Fair Labor Standards Act ("FLSA"), and its implementing regulations are largely identical. Montana Overtime Pay Lawyers The Brown, LLC Brown, LLC is an aggressive, methodical law firm headed by Jason T. Brown, a former Legal Advisor and Special Agent with the FBI. Definitions. Any collective bargaining agreement providing greater overtime or nonexempt compensatory time benefits supersedes this policy. Certain employers may pay employees overtime for work in excess of a work period other than the traditional 40-hour workweek. No Nebraska law imposes rules on hours worked or overtime; therefore, the FLSA governs overtime requirements. Mr. Brown is a distinguished trial attorney with millions of dollars of recoveries for his clients.  $4.86 x 6 overtime hours = $29.16 overtime earnings. 39-3-214. HELENA — The Montana Minimum Wage and Overtime Laws specifically set how much and when a worker must be paid. EXAMPLE: Ann works 45½ hours and earns $377.65. Employers in Montana must adhere to both federal and state overtime regulations defining how much overtime must be paid, and which employees are entitled to overtime pay. Forced Overtime Laws. This site is a free public service not affiliated with the Department of Labor or any governmental organization. EXAMPLE: One week an employee works 36 hours entering data into the computer data base for which $9.50 per hour is paid. Montana Overtime Laws. The Fair Labor Standards Act (FLSA) requires enterprises engaged in interstate or foreign commerce and state and local government to pay overtime of 1½ times an employee's regular rate of pay for hours worked in excess of 40 hours in a workweek, unless the employee is considered exempt from overtime. Therefore, Montana's overtime minimum wage is $12.75 per hour, one and a half times the regular Montana minimum wage of $8.50 per hour. Some overtime-exempt jobs are specified in federal overtime law, such as most white collar jobs, while other exemptions are specific to Montana's state overtime laws. Check Your State's Laws on Overtime. Employees who perform different types of work for which they receive varying rates of pay must be paid overtime at a weighted average hourly rate. (39-3-401 to 39-3-409.) Montana law requires that covered employers pay nonexempt employees overtime in the amount of 1 1 / 2 times the employee’s regular pay rate for hours worked in excess of 40 in a workweek (MT Code Sec. Montana law exempts the following from both its minimum wage and overtime requirements: employees working in a private home with duties that consist of menial chores such as babysitting and lawn mowing. In this case, she is due an additional $22.82 or a total of $400.47 for that workweek. Montana State Minimum Wage and Overtime Law Resource Page. Current U.S. federal laws dictate how employers can require employees to work overtime. What are wage and hour laws? The FLSA is administered and enforced by the U.S. Department of Labor's Wage and Hour Division. The employee is entitled to payment of one-half this regular rate for each hour worked over 40 - in addition to the full commission or piecework earnings. Overtime laws in Montana and nationally are designed to prevent workers from being exploited by their employers, with hourly wage earners (particularly those in blue-collar indistries) being the primarily protected group. If your job fits into one of the four main exemption categories to overtime law (executive, administrative, professional, and outside sales), then you are not protected by Montana and federal overtime regulations. To learn about overtime pay laws in Montana, contact our attorneys handling Montana wage and hour lawsuits. Overtime compensation. The Fair Labor Standards Act (FLSA) and Montana labor law requires all employers in Montana to visibly display an approved Montana minimum wage poster, and other Montana and federal labor law posters, to ensure that all employees are aware of federal and Montana labor law and overtime regulations.Failure to display a Montana labor law poster in the workplace can result in severe fines. Montana labor laws come under the Montana Department of Labor and Industry. Students who are employed by a seasonal amusement or recreational area and furnished with board, lodging or other facilities are entitled to overtime … It is important for workers in most industries and job types to be aware that federal law establishes a baseline for minimum wages across the country. In these states federal law applies effect. The Fair Labor Standards Act (FLSA) sets minimum wages, overtime pay, recordkeeping, and youth employment standards. 39-3-206. 39-3-402. States with daily overtime requirements: Alaska, California, Colorado, and Nevada Please Note: The table above is meant to be used as a reference, but state laws are subject to change. Always verify current requirements with your accounting staff, lawyer, or state. Montana Overtime Pay Laws: Wage & Hour Lawyers . Your job must be salaried to fulfill the requirements, and you must spend no more then 20% of your time doing activities that do not fit in the categories described above (or 40% in a retail environment). **Holiday pay, sick leave, and vacation hours do not count toward the 40 hours. Montana Overtime Laws 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. The FLSA specifically covers certain jobs, and exempts others from overtime pay. Additionally, in some states, employers can penalize employees who refuse to work despite a lack of threat to their safety and health, as long as they receive one and a half times their regular pay for every hour exceeding their work week, as per the Fair Labor Standards Act (FLSA). Misclassifying an employee as an independent contractor (using Form 1099) is considered tax evasion, so please call us i… Agricultural workers are exempt from overtime pay only. You may be paid either a salary or commission-based structure, but you must not spend more then 20% of your time doing work other then sales to fall under this classification. In Montana, non-exempt employees must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rate of pay. The regular rate of an employee paid on a commission, piece rate or flat book rate basis is arrived at by dividing the total weekly earnings by the total number of hours actually worked in the week. 39-3-405).Montana does not require that overtime be paid for hours worked in excess of 8 per day or on weekends or holidays (although union contracts often require overtime pay for such work). Keeping updated on your state’s minimum wage and overtime laws is a key step in steering your company clear of an FLSA lawsuit. FLSA rules apply to Montana overtime, but employees working for seasonal recreation businesses will only be able to receive overtime after working for 48 hours. Child labor act in Montana. Montana Overtime Pay Laws. Montana Minimum Wage Laws The minimum wage is currently set at $8.05 per hour. State Labor Laws; Pay Methods. 39-3-405).Montana does not require that overtime be paid for hours worked in excess of 8 per day or on weekends or holidays (although union contracts often require overtime pay for such work). Unless exempt from the overtime provisions, an employee must be paid at a rate of one and one-half their regular (hourly) rate for all hours worked over 40 per week. Executives, administrators, and other professionals earning at least $455 per week do not have to be paid overtime under Section 13(a)(1) of the Fair Labor Standards Act. Montana Department of Labor & Industry is committed to the economic health of state and local business communities by providing easy access to posters that federal law requires be posted in each worksite. The Fair Labor Standards Act (FLSA) classifies employees as exempt and non-exempt from minimum wage and overtime requirements. The Fair Labor Standards Act (FLSA) automatically qualifies certain types of workers who meet overtime pay requirements to receive overtime for all hours worked over 40 in a single week (or daily overtime limits set by Montana overtime laws). Last updated 1/10/2020. These laws include: 1. Based on a 40 hour workweek, the minimum wage rate is set at $5.15 per hour. LEARN MORE. Montana's overtime law is essentially the same as the federal provision : if an employee works more than 40 hours in a given workweek, that employee is entitled to pay at one and one-half times the employee's regular hourly wage. Your Compliance Edge. Check Your State's Laws on Overtime. Whichever law (state … They aren't entitled by law to receive a minimum wage per hour or to overtime when they work more than 40 hours a week. Exclusions. State overtime laws generally follow the FLSA with some exceptions. Paying Overtime: In Montana, employers are required to pay their workers a rate of one and one-half times their regular rate when they exceed a seven-day period with over 40 hours worked. Employees may smoke during a rest period if their boss or employer permits them to step outside to smoke. Generally, under Montana Code Ann. The Overtime Law requires employees paid hourly must be paid at a rate of one and one-half that rate for all hours worked over 40 hours per week. as an employee of the family in nearly every case. Employee Benefits. This page describes who has grounds for a Require 100 hours or more of overtime topics Notices Calendar ; benefits Notices Company! 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