Department of Labor and Industry

Labor Standards

Labor Standards Category

Welcome to the Labor Standards Bureau Home Page

Latest News & Forms

2013 Montana Wage & Hour Legislative Changes

About the Labor Standards Bureau

Although it provides information in a variety of labor related areas, the Labor Standards Bureau provides services in three primary areas.

The Wage and Hour Unit enforces provisions of the Montana Wage Payment Act, minimum wage and overtime law and the State Child Labor Standards Act. As part of its function the unit processes claims from employees who did not receive wages in a timely fashion or pursuant to their employment contract. The claims can be for such items as minimum wage, overtime, vacation pay, commissions, earned bonuses, etc. The unit also provides assistance to the public by answering labor related phone inquiries and by providing presentations informing employers and employees of their rights and responsibilities under Montana law. Information on wage and hour laws and other functions of the unit can be obtained by calling (406) 444-5600.

The Prevailing Wage function is also handled in the Labor Standards Bureau. The prevailing wage law requires employees working on public works projects be paid an established rate of pay and at least 50% of the employees of each contractor working on the job be bona fide Montana residents. Information on prevailing wage laws can be obtained by calling (406) 444-5600. Click here for Prevailing Wage Rates.

The 2005 Legislative Session enacted the Montana Military Service Employment Right Act (MMSERA).  MMSERA was drafted in consultation with the Montana Department of Labor & Industry and the Montana Attorney General's Office, both of which will play key roles in the enforcement of MMSERA's rights and protections.  The initial process begins with the Montana Department of Labor & Industry, Wage & Hour Unit.  Information on MMSERA can be obtained by calling (406) 444-5600.

The Collective Bargaining Act for Public Employees is administered by the Collective Bargaining Unit of the Labor Standards Bureau. This unit is responsible for providing mediation assistance and interest based bargaining training to public employers and public employee labor organizations. The Collective Bargaining Unit also processes unfair labor practice complaints and conducts matters relating to representation questions for public employees. Additionally, the unit staffs the Board of Personnel Appeals, the five person appellate board that hears matters related to collective bargaining. Additional information on the collective bargaining act and on the Board of Personnel Appeals can be obtained by calling (406) 444-0032.

Public Contracts/Prevailing Wage Law

 

Montana's prevailing wage law, often referred to as Montana's Little Davis-Bacon Law, applies to public works contracts entered into for construction services (heavy, highway and building) or nonconstruction services by the state, county, municipality, school district, or political subdivision in which the total cost of the contract is $25,000 or more. It requires that bidders on contracts pay a set rate of compensation, including employee benefits, and that at least 50% of the employees of each contractor working on the jobs be bona fide Montana residents.

The Department of Labor and Industry, through its Labor Standards Bureau, determines prevailing wage rates for the construction and service industries. Established rates can be obtained by clicking on Montana Prevailing Wage Rates. The Labor Standards Bureau also enforces the rates and classifications under heavy, highway and building construction, and services. Specifically excluded from the law are employees engaged in engineering, superintendence, management, office or clerical work or consulting contracts, contracts with commercial suppliers for goods and supplies, or contractors with professionals licensed under state law. Further information on rate enforcement are found on this page.

Related Links

Title18, Chapter 2 Part, 4 (Special Conditions - Standard Prevailing Rate of Wages)

MT Prevailing Wage Administrative Rules

Public Works Contract / Prevailing Wage FAQ

Prevailing Wage Quick Reference Guide

State Prevailing Wage Rates


If you have a question about complying with the prevailing wage regulations (occupations, payroll forms, payment of fringe benefits, travel or per diem, etc.) you should contact the Labor Standards Bureau Wage and Hour Unit.  Call (406) 444-5600 and ask to speak to a Prevailing Wage Compliance Specialist.

The Labor Standards Bureau Wage and Hour Unit conducts surveys to establish the prevailing wage rates for construction and nonconstruction services.  If you have a question specifically about the wage rates in our publications, please contact us at (406) 444-5600.

Prevailing Wage Rates are revised and adopted yearly.

Definitions

The links below will take you to a list of occupations, in prevailing wage sectors, giving you the title, Standard Occupational Classification (SOC) code, and a description of the duties or equipment operated for each title.

Building Construction Occupations

Nonconstruction Services Occupations

Frequently Asked Questions

Some questions are asked more commonly than others, so we have put together a list of these questions and their answers. For any other questions call (406) 444-5600.

Prevailing Wage Survey FAQs

Collective Bargaining

The Collective Bargaining Act for Public Employees is administered by the Collective Bargaining Unit of the Labor Standards Bureau. This unit is responsible for providing mediation assistance and interest based bargaining training to public employers and public employee labor organizations. The Collective Bargaining Unit also processes unfair labor practice complaints and conducts matters relating to representation questions for public employees. Additionally, the unit staffs the Board of Personnel Appeals, the five person appellate board that hears wage complaints and matters related to collective bargaining. Additional information on the collective bargaining act and on the Board of Personnel Appeals can be obtained by calling (406) 444-0032.

LAWS ADMINISTERED BY THE COLLECTIVE BARGAINING UNIT

  • Collective Bargaining for Public Employees
  • Collective Bargaining for Nurses
  • Arbitration for Firefighters
  • Wage and Classification Appeals for State Employees
  • Department of Transportation Grievances
  • Department of Fish, Wildlife & Parks Grievances

Contact Information

Collective Bargaining Unit
Labor Standards Bureau
PO Box 201503
Helena, MT 59620-1503
(406) 444-0032

Wage and Hour Laws Administered by the Wage and Hour Unit

 

The Wage and Hour Unit 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. As part of its function the unit processes claims from employees who did not receive wages in a timely fashion or pursuant to their employment contract. The claims can be for such items as minimum wage, overtime, vacation pay, commissions, earned bonuses, etc. The unit also provides assistance to the public by answering labor related phone inquiries and by providing presentations informing employers and employees of their rights and responsibilities under Montana law. Information on wage and hour laws and other functions of the unit can be obtained by calling 406-444-5600.

Related Links

Electronic Wage Payments

Title 2, Chapter 18, Part 6 (Public Employee Benefit Section)

Title 39 (Labor, Minimum Wage, Overtime & Wage Payment Act)

Wage and Hour Administrative Rules

Wage and Hour FAQ

Wage and Hour Law Book - 2013

Wage and Hour Quick Reference Guide

Attorney General Opinions

The following are links to Attorney General Opinions in relations to wage payment issues.

Opinion 17, Volume 36 (addresses Improper Withholdings) (pdf)

Opinion 25, Volume 11 (addresses Improper Withholdings) (pdf)

Opinion 56, Volume 23 (addresses Vacation Pay) (pdf)

Contact Information 

Labor Standards Bureau
Wage and Hour Unit
PO Box 201503
Helena, MT 59620-1503
(406) 444-5600

U.S. Department of Labor
Salt Lake City District Office
Wage & Hour Division
Eagle Gate Plaza & Tower
60 E. South Temple St, Suite 575
Salt Lake City, UT 84111-1016
(801) 524-5706
http://www.dol.gov