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. 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. Exclusions. The exceptions to Montana's overtime law … (39-3-201 to 39-3-217.) Your job is classified as an Executive position if your full-time responsibility is management of two or more employees. The IRS views the worker whether a nanny, health aide, housekeeper, senior caregiver, gardener, chef, personal assistant, estate manager, etc. Be sure to check your state's specific overtime laws for any exceptions or additional rules. 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. 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. Usage is subject to our Terms and Privacy Policy. 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. The federal rule does not require an employer to provide either a meal (lunch) period or breaks. If your job is eligible for overtime protection under Montana and Federal overtime law as described above, your employer is required by law to pay you an overtime premium for all qualifying overtime hours worked. 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. 39-3-214. Montana Min Wage - $8.50 per hour as of 2020. There is no cost for required posters: In many cases, the answer is yes. 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. 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. Some states further stipulate that overtime pay is required for any hours an employee works beyond 8 in a single day. Her regular rate is $8.30 per hour ($377.65 divided by 45½ hours). Who can join a Montana …  4 hours x $8.30 per hour      =   $  33.20 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. Court costs and attorneys' fees. Federal and state laws are in place to protect workers from wage and hour violations. Salaried employees are exempt. Montana Minimum Wage Laws The minimum wage is currently set at $8.05 per hour. 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. 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. 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). Overtime compensation. California has a law that for every six days worked, employees need one day off without punishment. Missouri follows the federal overtime law. The overtime rate under Montana law is 1.5 times an employee’s regular pay rate. This list contains the Federal Laws relating to Employment, the Federal Laws Regarding Montana Public Employers , and the State Laws Related to Employment. Definitions; 39-3-405. The federal law that governs the regulations for overtime is the Fair Labor Standards Act. 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. Montana Laws for the most part pattern themselves after the Fair Labor Standards Act with regard to Unpaid Overtime in Montana. Exclusions. 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. E-tools. employees working directly for the head of a household to care for the dependent children of the head of household. Let us know in a single click, and we'll fix it as soon as possible. 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. Montana's law regarding overtime pay can be found in Title 39, Chapter 3, Parts 2 and 4 of the Montana Code Annotated. When it comes to determining overtime and wage classifications, the law uses the terms exempt and non-exempt workers. 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. 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. To learn more about wage and hour laws in Montana, contact the state Department of Labor and Industry. Your Compliance Edge. Benefits Notices Calendar; Benefits Notices by Company Size Federal Minimum Wage | Always verify current requirements with your accounting staff, lawyer, or state. EXAMPLE: One week an employee works 36 hours entering data into the computer data base for which $9.50 per hour is paid. Montana has a few laws relating to required time off and leaves of absence for employees, which cover all employers. … 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). Hello, I am an hourly employee working for a public school in Montana, contracted to work 40 hours weekly performing custodial work. 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 … Court costs and attorneys' fees. 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. Montana's overtime law is similar to the requirements of the federal Fair Labor Standards Act ("FLSA"), and … The Montana Department of Labor and Industry manages wage and hour issues for Missouri. The FLSA is administered and enforced by the U.S. Department of Labor's Wage and Hour Division. The provisions of the Act are applicable to most … Guidance materials about overtime topics, including an Employment Law Guide, Qs & As, guide to overtime laws in the states, and more. 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. Is any of our data outdated or broken? Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. Montana Wage and Overtime laws While Montana does have certain state labor laws that differ from the federal Fair Labor Standards Act (FLSA), the state law applies only in instances where it provides greater rights or protections than federal law. 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). 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 Overtime Laws. You can learn more about this by visiting the Department of Labor and Industry site.  46 hours worked                    =   $447.20 regular earnings, $447.20 ÷ 46 hours = regular rate = $9.72 per hour 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. 31502; 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. Generally speaking, employers can require 100 hours or more of overtime without committing any violation of federal law. In these states federal law applies effect. Any collective bargaining agreement providing greater overtime or nonexempt compensatory time benefits supersedes this policy. Montana's law regarding overtime pay can be found in Title 39, Chapter 3, Parts 2 and 4 of the Montana Code Annotated. Summaries of state minimum wage and overtime laws are listed in the following table. When a family hires someone to perform duties in or around their home, they are considered a household employer. 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. 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. 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. Reciprocal Agreement for Collection … External salespeople (who often set their own hours) are also exempted from MT overtime requirements, as are some types of computer-related workers. Montana adopts the Federal minimum wage rate by reference and does not contain current dollar minimums. 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. View Sitemap. There are 19 states where no state law regarding overtime exists. 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. 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. Be sure to check your state's specific overtime laws for any exceptions or additional rules. To learn about overtime pay laws in Montana, contact our attorneys handling Montana wage and hour lawsuits. Based on a 40 hour workweek, the minimum wage rate is set at $5.15 per hour. The Department may investigate and enforce the payment of wages through administrative actions, hearings and Court enforcement. Montana Overtime Laws. Does Montana have state overtime laws that are different from federal law? 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. Montana Overtime Pay Laws. 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. LEARN MORE. There are both federal and state laws that affect wage and overtime claims. This rate is inflation adjusted every year. Content © 2020 Minimum-Wage.org, all rights reserved. Mr. Brown is a distinguished trial attorney with millions of dollars of recoveries for his clients. 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State Minimum Wages | 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. 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. In this case, she is due an additional $22.82 or a total of $400.47 for that workweek. 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. 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. As an example, New Jersey has restrictions on workers in healthcare facilities. Based on a 40 hour workweek, the minimum wage rate is set at $5.15 per hour. 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. Last updated 1/10/2020. Nebraska. Whichever law (state … The Department enforces the payment of minimum wage and overtime compensation. 39-3-406. No Nebraska law imposes rules on hours worked or overtime; therefore, the FLSA governs overtime requirements. The wages are computed as follows: 36 hours x $9.50 per hour    =   $342.00 Your job must be salaried, primarily intellectual, and you must be expected to use discression and judgement. Fact Sheets. 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. Employees may smoke during a rest period if their boss or employer permits them to step outside to smoke. 39-3-206. Overtime pay is 1.5 times your normal pay rate. Certain employees are exempt from minimum wages, overtime pay, or both. 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. While some states follow the state laws, others adopt federal laws or both. The Fair Labor Standards Act (FLSA) sets minimum wages, overtime pay, recordkeeping, and youth employment standards. 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. Fix it as soon as possible the family in nearly every case … current U.S. federal laws how! $ 4.00 per hour rest period if their boss or employer permits them to step to. 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