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. Whichever law (state … 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. To learn more about wage and hour laws in Montana, contact the state Department of Labor and Industry. 39-3-214. 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). 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. 39-3-406. 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. 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. If your work involves manual labor (such as construction worker, factory attendant, cashier, etc) you are probably protected under overtime law. Penalty for failure to pay wages at times specified in law. 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). Montana Overtime Laws. Your job is classified as a Professional position if your primary duties require advanced knowledge and extensive education, including artists, certified teachers, and skilled computer professionals. 39-3-206. 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). 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. There are both federal and state laws that affect wage and overtime claims. Any collective bargaining agreement providing greater overtime or nonexempt compensatory time benefits supersedes this policy. 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. Montana has a few laws relating to required time off and leaves of absence for employees, which cover all employers. The Montana Department of Labor and Industry manages wage and hour issues for Missouri. View Sitemap. State Minimum Wages | 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. Payment of Wages. The employee is entitled to payment of one-half this regular rate for each hour worked over 40 - in addition to the full commission or piecework earnings. In order to determine if a job is exempt from overtime, the FLSA provides a series of tests to determine the overtime eligibility of an employee based on pay rate, working conditions, skill level, and other factors. 39-3-402. 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. Learn more by reading fact sheets that cover a variety of overtime topics. 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.. Be sure to check your state's specific overtime laws for any exceptions or additional rules. Your Compliance Edge. Child labor act in Montana. When providing overtime compensation, an employer must pay at least 1.5 times the workers’ regularly hourly wage. 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. HELENA — The Montana Minimum Wage and Overtime Laws specifically set how much and when a worker must be paid. Montana's overtime law is similar to the requirements of the federal Fair Labor Standards Act ("FLSA"), and its implementing regulations are largely identical. In these states federal law applies effect. 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. 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 … The yearly earnings estimate of $17,680.00 is based on 52 standard 40-hour work weeks. While some states follow the state laws, others adopt federal laws or both. (39-3-201 to 39-3-217.) Provisions cumulative. Montana Montana follows federal overtime rules. See Alternative Work Periods. Other exempt positions include some transportation workers, certain agricultural and farm workers, and some live-in employees such as housekeepers. The Overtime Law requires employees paid hourly must be paid at a rate of one and one-half that rate for all hours worked over 40 hours per week. Overtime pay is 1.5 times your normal pay rate. 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. Definitions; 39-3-405. Montana State Minimum Wage and Overtime Law Resource Page.  4 hours x $8.30 per hour      =   $  33.20 39-3-402. LEARN MORE. Certain employers may pay employees overtime for work in excess of a work period other than the traditional 40-hour workweek. Your job is classified as an Executive position if your full-time responsibility is management of two or more employees. 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. Federal law and guidance on this subject should be reviewed together with this section.. Summaries of state minimum wage and overtime laws are listed in the following table. Montana adopts the Federal minimum wage rate by reference and does not contain current dollar minimums. They aren't entitled by law to receive a minimum wage per hour or to overtime when they work more than 40 hours a week. Students who are employed by a seasonal amusement or recreational area and furnished with board, lodging or other facilities are entitled to overtime … In fact, some jobs require that an employee show up for overtime when directed to so, with refusal being a … 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. This rate is inflation adjusted every year. 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). Certain employees are exempt from minimum wages, overtime pay, or both. Overtime Employees covered by Montana’s overtime law must be paid 1.5 times their regular rates for hours worked in excess of 40 per week. 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. Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. Montana adopts the Federal minimum wage rate by reference and does not contain current dollar minimums. 39-3-408. Is any of our data outdated or broken? 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. Montana Overtime Laws. Current U.S. federal laws dictate how employers can require employees to work overtime. 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 …  46 hours worked                    =   $447.20 regular earnings, $447.20 ÷ 46 hours = regular rate = $9.72 per hour Based on a 40 hour workweek, the minimum wage rate is set at $5.15 per hour. Federal Minimum Wage | 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). Montana Overtime Pay Laws: Wage & Hour Lawyers . E-tools. Last updated 1/10/2020. 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. However, for those businesses with a gross annual sales of less than $110,000 the State minimum wage is $4.00 per hour. State Labor Laws; Pay Methods. Montana law exempts the following from only its overtime requirements. 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. This site is a free public service not affiliated with the Department of Labor or any governmental organization. Federal and state laws are in place to protect workers from wage and hour violations. 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). 31502; 39-3-402. This list contains the Federal Laws relating to Employment, the Federal Laws Regarding Montana Public Employers , and the State Laws Related to Employment. Students who are employed by a seasonal amusement or recreational area and furnished with board, lodging or other … 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. 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. The Nebraska Department of Labor manages wage and hour issues for Nebraska. Author: Jason Ritchie and William R. Dabney, Holland & Hart LLP Summary. California has a law that for every six days worked, employees need one day off without punishment. Montana Min Wage - $8.50 per hour as of 2020. HELENA — The Montana Minimum Wage and Overtime Laws specifically set how much and when a worker must be paid. Even if the total hours for the week exceed 40 when vacation or sick time is included, overtime pay is not required unless an employee actually worked more than 40 hours. Help us keep Minimum-Wage.org up-to-date! Employee Benefits. Additionally, MT overtime laws declare that employers may force their employees to work any number of hours in a given 40 hour week; limitations are placed on workers under the age of 18. Overtime. In this case, she is due an additional $22.82 or a total of $400.47 for that workweek. If your job falls under any of the four categories described above, then you are not covered by federal or Montana unemployment regulations and your employer is not required to pay you an overtime premium. The Fair Labor Standards Act (FLSA) classifies employees as exempt and non-exempt from minimum wage and overtime requirements. 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. Check Your State's Laws on Overtime. Montana Department of Labor & Industry is committed to the economic health of state and local business communities by providing easy access to posters that federal law requires be posted in each worksite. While we take all precautions to ensure that the data on this site is correct and up-to-date, we cannot be held liable for the accuracy of the labor law data we present. Always verify current requirements with your accounting staff, lawyer, or state. 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. Toggle navigation. 39-3-214. This same worker performs janitorial services in the evenings for the employer and is paid $8.30 per hour for those 4 hours worked per week. The Fair Labor Standards Act (FLSA) sets minimum wages, overtime pay, recordkeeping, and youth employment standards. Employees may smoke during a rest period if their boss or employer permits them to step outside to smoke. Missouri follows the federal overtime law. Does Montana have state overtime laws that are different from federal law? 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. 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. The provisions of the Act are applicable to most … 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. Hello, I am an hourly employee working for a public school in Montana, contracted to work 40 hours weekly performing custodial work. Montana Minimum Wage Laws. 39-3-206. 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Court costs and attorneys' fees. In the U.S., the Department of Labor administers and enforces the deferral employment laws. Nebraska Nebraska follows federal overtime rules. The FLSA is administered and enforced by the U.S. Department of Labor's Wage and Hour Division. 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. Montana Laws for the most part pattern themselves after the Fair Labor Standards Act with regard to Unpaid Overtime in Montana. There are 19 states where no state law regarding overtime exists. These laws include: 1. Montana labor laws breaks—and state law in general—prohibits smoking within 25 feet of a businesses’ entrance. 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. Fact Sheets. This policy covers all university positions identified as nonexempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and Montana law. Since most hourly employees don't work full time and/or take time off, actual yearly earnings will likely be lower. As an example, New Jersey has restrictions on workers in healthcare facilities. 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. (39-3-401 to 39-3-409.) The federal rule does not require an employer to provide either a meal (lunch) period or breaks. § 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 Overtime Pay Laws. Mr. Brown is a distinguished trial attorney with millions of dollars of recoveries for his clients.  6 hours x $12.00 per hour    =   $  72.00 Agricultural workers are exempt from overtime pay only. Generally speaking, employers can require 100 hours or more of overtime without committing any violation of federal law. 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. The exceptions to Montana's overtime law … Her regular rate is $8.30 per hour ($377.65 divided by 45½ hours). 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. Provisions cumulative. Nebraska. 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. The federal laws regulating overtime state that as long as you are paid the proper rate, there is no limit on mandatory overtime for workers 16 and older. Montana law exempts the following from both its minimum wage and overtime requirements: employees working in a private home with duties that consist of menial chores such as babysitting and lawn mowing. Definitions. EXAMPLE: Ann works 45½ hours and earns $377.65. Forced Overtime Laws. **Holiday pay, sick leave, and vacation hours do not count toward the 40 hours. The federal law that governs the regulations for overtime is the Fair Labor Standards Act. Montana's law regarding overtime pay can be found in Title 39, Chapter 3, Parts 2 and 4 of the Montana Code Annotated. as an employee of the family in nearly every case. Out of an estimated 120 million workers in America, almost 50 million are exempt from overtime law. Exclusions. See Overview. Independent contractors, who are not considered legal employees, are also exempt from overtime law. 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. This page describes who has grounds for a Agricultural workers are still exempt from overtime laws mandated by the FLSA. Who can join a Montana … There is no cost for required posters: 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. 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). Agricultural and farm workers, certain agricultural and farm workers, certain agricultural and farm workers, agricultural. Holland & Hart LLP Summary benefits supersedes this Policy Montana Min wage - $ 8.50 per hour claim! Which cover all employers regular pay rate reference and does not contain current dollar minimums $ per! Administrative, executive and other professionals who receive a salary in nearly every case a meal ( lunch ) or... 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