Montana Overtime Pay Laws - MT Labor Law - 2013
Overtime pay is additional pay granted to employees who have worked over a certain amount of hours in a given timeframe. 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.
Non-exempt employees in Montana are entitled to overtime pay of 1.5 times their average hourly rate for every hour worked over 40 in a single week. Based on the Montana minimum wage of $7.35 per hour, the minimum amount any Montana worker should receive as overtime pay is $11.03 per hour.
Some employees are exempt from overtime, and therefore can be asked to work more then 40 hours a week without receiving overtime pay. 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.
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). A list of additional exemptions exist to Montana's overtime law:
- farm workers;
- 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;
- child care for a head of household;
- employers' family members;
- volunteers for nonprofit organizations;
- handicapped workers;
- retired or semiretired persons doing incidental work as a condition of residence on a farm or ranch;
- bona fide executive, administrative and professional employees;
- outside salespersons;
- direct sellers;
- participants in certain welfare-to-work programs;
- interstate motor carriers;
- 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;
- certain outside salespersons;
- resident managers employed in lodging establishments or personal care facilities who, under the terms of their employment, live in the establishment or facility;
- public safety employees;
- vehicle salespersons, partspersons and mechanics;
- drivers or drivers' helpers making local deliveries;
- agricultural workers;
- employees at country elevators;
- taxicab drivers;
- certain houseparents and foster parents;
- retail employees paid a commission plus at least 1 1/2 times the minimum wage; and
- radio employees in smaller towns.
Montana Overtime Calculator
To calculate your weekly overtime pay, enter your normal hourly wage and the weekly number of hours you worked into the MT overtime calculator. Your overtime pay will then be calculated and displayed.
Unpaid Overtime in Montana
If your employer has not paid you overtime and you believe you are entitled to overtime pay for the work you have done, there are steps you can take to ensure that you are paid what you deserve. First check Montana state overtime law as well as federal overtime exemptions to ensure that your occupation is not exempt from overtime, and ask your employer directly why you were not paid.
If you are sure that you are entitled to overtime that has not been paid and are unable to work out an agreement with your employer directly, your next step is to contact the Montana Department of Labor with an unpaid overtime claim form. You can contact the Montana Department of Labor office here:
Montana Department of Labor and Industry
P.O. Box 1728
Helena MT 59624-1728
Document Tags: MT Overtime, Montana Overtime Rule, MT Overtime Regulations, State of Montana Overtime Laws
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