The following are frequently asked questions and answers. Nothing on this website is intended as legal advice. Responses may be different depending on the facts as we understand them, employment contract and/or the presence of a Collective Bargaining Agreement. If you need legal advice, please consult an attorney.
As of January 1, 2022, Montana’s minimum wage is $9.20 per hour. A business not covered by the Fair Labor Standards Act whose gross annual sales are $110,000 or less may pay $4.00 per hour. However, if an individual employee of such a business is producing or moving goods between states or is otherwise covered by the Fair Labor Standards Act, that employee must be paid the greater of either the federal minimum wage $7.25 or Montana’s minimum wage.
Although there are some exemptions, most workers must be paid the minimum wage for all “hours worked” as required by state law. “Hours worked” includes preparation time, opening and closing the business, company travel, and required meetings and training. Any time spent by an employee in the performance of these duties must be recorded and paid.
Employers may not use tips as credit toward wage rates, including minimum wage, to an employee.
For information on minimum wage exemptions, call the Department of Labor & Industry at 406-444-6543.
The U.S. DOL has created a video addressing the federal minimum wage. It can be found at: https://www.dol.gov/agencies/whd/flsa/videos
The first thing to do is ask the employer why you haven’t received your final check. If the employer refuses to give you your final check, you may choose one of the three options to obtain your wages:
The wage claim form for filing with Investigations Section is available at any of the Workforce Centers (formerly known as Job Service), or you can download the claim here.
Read the information provided with the form, fill it out and return it to the Compliance and Investigations Bureau, our address is on the top of the form.
The employer can work an employee as long as they feel it is necessary for the job that they are doing. (See “Overtime Pay” section for information about working more than 40 hours in a week).
There are also certain occupations that may limit the number of hours an employee can work during the day. For information on these occupations, please contact the Department of Labor & Industry, Employment Relations Division at (406) 444-6543The law does not require an employer to provide pay raises. If provided they become a part of the employment contract. If a raise is due and not received, the discrepancy should be addressed immediately as acceptance of the wage paid may be seen as an alteration of the original agreement.
An employer must pay the agreed wage until such time that a new rate is agreed upon. Once you and the employer have specifically discussed and agreed upon a new rate, it is considered the “agreed wage.” Wage and Hour does not have jurisdiction over promised raises. A raise is at the discretion of the employer.
Can an employer withhold a final paycheck until an employee turns in keys or uniforms, etc.?
Legally, no, an employer may not withhold a final check. However, in order to avoid disputes or disruptions in pay, workers are advised to turn in keys, uniforms, tools and equipment upon termination.No. Montana is not an “at will” state. In some instances, the Wrongful Discharge From Employment Act does not apply, but generally, once an employee has completed the established probationary period, the employer needs to have good cause for termination.
THE WRONGFUL DISCHARGE FROM EMPLOYMENT ACT IS NOT ADMINISTERED BY ANY STATE AGENCY. Individuals who feel aggrieved by their termination must seek civil redress through the courts. Persons who believe they were fired as a result of unlawful discrimination, may contact the Human Rights Bureau at 1-800-542-0807 or 406-444-2884 or the U. S. Equal Employment Opportunity Commission. For a toll free connection to the nearest EEOC office, call 1-800-669-4000.
I suspect that my former employer is giving bad references about me. What recourse do I have?
Blacklisting is prohibited in the state of Montana. If any company or corporation in this state authorizes or allows any of its agents to blacklist or any person does blacklist any discharged employee or attempts by word or writing or any other means whatever to prevent any discharged employee or any employee who may have voluntarily left the company’s service from obtaining employment with another person, except as provided in 39-2-802 M.C.A., such company or corporation is liable in punitive damages to such employee so prevented from obtaining employment, to be recovered by him in a civil action, and may also be punishable as provided in 39-2-804 M.C.A.Most employees are entitled to be paid time and one-half their regular rate of pay for any time worked over 40 hours in the employer’s seven-day workweek. Even though the total hours (work hours plus holiday, vacation or sick) for the week might exceed 40, overtime pay is not required unless an employee actually worked more than 40 hours. There are certain exceptions, however. Agricultural workers are generally exempt from overtime. Executives, administrative, and professionals who are paid on a salary basis are exempt from overtime as are outside sales persons. (Salaried workers who do not meet the definition of executive, administrative, or professional must be paid overtime in addition to their salary.) The definitions of these can be located here at this website.
Please contact Wage and Hour at 406-444-6543 for more information on the exceptions from overtime or our website.
The U.S. DOL has created a video addressing the overtime requirements. It can be found at: https://www.dol.gov/agencies/whd/flsa/videos
Is an employer required to pay for unused sick leave, paid time off (PTO) or severance pay?
Private sector employers are not required to pay out severance pay, sick leave or paid time off (PTO). These are considered benefits and may be paid based on the employer’s policies. There is no requirement in state law to provide these benefits. In the case of a PTO benefit, payout of this benefit is dependent on the employer’s policy – this is based on a Montana Supreme Court case.In general, deductions from wages are lawful only under the following conditions:
Employers must furnish itemized pay statements to each employee at the time of payment of wages showing all deductions for the pay period. If the employee has no deductions, the employer still needs to give a statement to the employee.
Can the employer make me pay for a vase that I accidentally dropped? Can the employer also make...
Can the employer make me pay for a vase that I accidentally dropped? Can the employer also make me pay for any shortages from my cash till?
The employer cannot withhold wages or make an employee pay for damages, mistakes or shortages. See Attorney General Opinion 17, Volume 36 and Attorney General Opinion 11, Volume 25.
Additional guidance on deductions may be found in the following video provided by the U.S. DOL
If I report to work and my employer sends me home because of lack of work, must I be paid for...
If I report to work and my employer sends me home because of lack of work, must I be paid for showing up for work?
There is no requirement for “show-up” pay. Employees must be paid for actual time worked.
