Fact Sheets. Generally, under Montana Code Ann. 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. Penalty for failure to pay wages at times specified in law. If your work involves manual labor (such as construction worker, factory attendant, cashier, etc) you are probably protected under overtime law. There are both federal and state laws that affect wage and overtime claims. This list contains the Federal Laws relating to Employment, the Federal Laws Regarding Montana Public Employers , and the State Laws Related to Employment. 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. Salaried employees are exempt. 31502; Who can join a Montana … Definitions. State Minimum Wages | When a family hires someone to perform duties in or around their home, they are considered a household employer. The Montana Department of Labor and Industry manages wage and hour issues for Missouri. You must spend no more then 20% of your time doing other activities (or 40% in a retail environment), and your job should be a salaried position. This rate is inflation adjusted every year. 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. Hello, I am an hourly employee working for a public school in Montana, contracted to work 40 hours weekly performing custodial work. Montana Laws for the most part pattern themselves after the Fair Labor Standards Act with regard to Unpaid Overtime in Montana. Other exempt positions include some transportation workers, certain agricultural and farm workers, and some live-in employees such as housekeepers. 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. Montana Overtime Pay Laws - MT Labor Law - 2020 Overtime pay is additional pay granted to employees who have worked over a certain amount of hours in a given timeframe. Your Compliance Edge. The laws are set forth by state statute and non-exempt employers must comply with these laws. 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. LEARN MORE. 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. 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. 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. Overtime pay is 1.5 times your normal pay rate. 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. Since most hourly employees don't work full time and/or take time off, actual yearly earnings will likely be lower. The minimum wage is currently set at $8.05 per hour. students in distributive education programs; apprentices and learners for up to 30 days; 180 days of farm work by a minor learner if the learner is paid at least half the minimum wage; people performing menial chores at private homes; retired or semiretired persons doing incidental work as a condition of residence on a farm or ranch; bona fide executive, administrative and professional employees; participants in certain welfare-to-work programs; railroad, express company, pipeline and water carrier employees covered by Part I of the Interstate Commerce Act; outside buyers of poultry and dairy products; employees of forestry or logging operations and guidepersons employed by licensed outfitters as guides, cooks, camp tenders or livestock handlers; resident managers employed in lodging establishments or personal care facilities who, under the terms of their employment, live in the establishment or facility; vehicle salespersons, partspersons and mechanics; drivers or drivers' helpers making local deliveries; retail employees paid a commission plus at least 1 1/2 times the minimum wage; and, The weekly earnings estimate of $340.00 is based on a standard 40-hour workweek. Definitions; 39-3-405. 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). 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. Toggle navigation. Keeping updated on your state’s minimum wage and overtime laws is a key step in steering your company clear of an FLSA lawsuit. Yes, according to Montana labor laws breaks if the business permits smoking around the workplace. 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.. You must spend no more then 20% of your time doing activities that are not directly related to the duties described above in order to be classified as a Professional. The IRS views the worker whether a nanny, health aide, housekeeper, senior caregiver, gardener, chef, personal assistant, estate manager, etc. The Department may investigate and enforce the payment of wages through administrative actions, hearings and Court enforcement. Montana has a few laws relating to required time off and leaves of absence for employees, which cover all employers. The overtime rate under Montana law is 1.5 times an employee’s regular pay rate. 39-3-206. Montana's Little Davis Bacon Act (standard prevailing wage) (18-2-401 to 18-2-432.) The employee then spends 6 hours preparing payroll for which $12 per hour is paid. HELENA — The Montana Minimum Wage and Overtime Laws specifically set how much and when a worker must be paid. Court costs and attorneys' fees. Her regular rate is $8.30 per hour ($377.65 divided by 45½ hours). Students who are employed by a seasonal amusement or recreational area and furnished with board, lodging or other facilities are entitled to overtime … Child labor act in Montana. Benefits Notices Calendar; Benefits Notices by Company Size … Let us know in a single click, and we'll fix it as soon as possible. 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. The FLSA is administered and enforced by the U.S. Department of Labor's Wage and Hour Division. Nevada Nevada has an overtime law employers must follow. As an example, New Jersey has restrictions on workers in healthcare facilities. Montana State Minimum Wage and Overtime Law Resource Page. Montana Minimum Wage Laws. 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.  6 hours x $12.00 per hour    =   $  72.00 Nebraska. Overtime. EXAMPLE: One week an employee works 36 hours entering data into the computer data base for which $9.50 per hour is paid. Exclusions. The Fair Labor Standards Act (FLSA) sets minimum wages, overtime pay, recordkeeping, and youth employment standards. In these states federal law applies effect. Guidance materials about overtime topics, including an Employment Law Guide, Qs & As, guide to overtime laws in the states, and more. Certain employers may pay employees overtime for work in excess of a work period other than the traditional 40-hour workweek. State Labor Laws; Pay Methods. 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. Be sure to check your state's specific overtime laws for any exceptions or additional rules. 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). Federal law and guidance on this subject should be reviewed together with this section.. 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. The wages are computed as follows: 36 hours x $9.50 per hour    =   $342.00 If you believe your employer owes you overtime, learn how to file an overtime claim in Montana. Federal and state laws are in place to protect workers from wage and hour violations. 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. 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). No Nebraska law imposes rules on hours worked or overtime; therefore, the FLSA governs overtime requirements. Montana State Minimum Wage and Overtime Law Resource Page. There are 19 states where no state law regarding overtime exists. The federal law that governs the regulations for overtime is the Fair Labor Standards Act. 39-3-214. 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). Nebraska. Montana Overtime Pay Laws. Montana's law regarding overtime pay can be found in Title 39, Chapter 3, Parts 2 and 4 of the Montana Code Annotated. Montana adopts the Federal minimum wage rate by reference and does not contain current dollar minimums. 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 … Definitions; 39-3-405. This means that the minimum overtime wage in the state is $12.07. 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. Author: Jason Ritchie and William R. Dabney, Holland & Hart LLP Summary.  $9.72 ÷ 2 = ½ time rate = $4.86 per hour 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. § 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. 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. LEARN MORE. 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. 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. 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. Independent contractors, who are not considered legal employees, are also exempt from overtime law. 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. 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). Laws: wage & hour Lawyers of household standard 40-hour work weeks to about... Leave, and exempts others from overtime law Resource Page with millions of dollars of for! 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