The claim needs to be filed within 180 days of default or delay and may be investigated 2 to 3 years prior to last day of employment. p) An employee of a hospital or other establishment primarily engaged in the care of the sick, disabled, aged, or mentally ill or defective who is working under a work period not exceeding 80 hours in a 14-day period established through either a collective bargaining agreement when a collective bargaining unit represents the employee or by mutual agreement of the employer and employee when a bargaining unit is not recognized. If wages are not paid as described above, a penalty can be assessed against an employer who does not pay accordingly. Most employers in Montana are required to pay their employees a wage of at least $8.30 per hour. 10501 and 49 U.S.C. Reasonable cost is not more than the actual cost to the employer and does not include a profit for the employer or others. Protect Your Rights With the Help of a Lawyer. How do these crazy laws get on the books? For example, to qualify for exempt status, an administrative employee must receive a minimum salary of $455 per week. p) An employee employed in domestic service employment to provide companionship services, as defined in 29 CFR 552.6, or respite care for individuals who, because of age or infirmity, are unable to care for themselves as provided under section 213(a)(15) of the Fair Labor Standards Act, 29 U.S.C. US Legislative Branch Do you want to see salaries from the company US Legislative Branch instead? Montana law requires most employees to be paid 1.5 times their regular rate of pay for any period worked over 40 hours in the employer's seven-day workweek. 10 salaries reported. Belgrade beats the Montana average by 11.3%, and Miles City furthers that trend with another $9,056 (25.0%) above the $36,238. 3. The following records are required for employees subject to the Montana Minimum Wage Law: Name 213, when the person providing the service is employed directly by a family member or an individual who is legal guardian.     Total weekly overtime compensation If the employee is found not guilty or if the employer withholds an amount in excess of the value of the theft, the court may order the employers to pay the employee the withheld amount plus interest. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Federal and State Laws for Montana Public Employers Only. d) Immediate members of the family of an employer or persons dependent upon an employer for half or more of their support in the customary sense of being a dependent. (3) When an employee is discharged by reason of allegation of theft of property or funds connected to the employee's work, the employer may withhold from the employee's final paycheck an amount sufficient to cover the value of the theft if: (a) The employee agrees in writing to the withholding; or PO Box 201503 As part of its function the bureau processes claims from employees who did not receive wages in a timely fashion or pursuant to their employment contract. "How Do State Overtime Pay Rules Differ From Federal Law?" Records of the facilities furnished must be kept in accordance with regulations. (ARM 24.16.6101 through 24.16.6102(9)(b). Montana's wage and hour laws also require employers to pay their employees within the timeframes specified below: If the employee is still employed : 10 business days after the end of the pay period. State wage and hour laws protect workers' rights in various ways including setting the minimum wage and limiting how many hours an employee can work per day. If an employee believes they have not been paid properly by an employer they can file a wage claim. Worker coverage, compliance with the wage payment requirements and application of most exemptions are determined on an individual work week basis. (Example: An employee is paid a salary of $375 for a 40-hour week. As of 2008, the salary of Montana's governor ranked 42nd among U.S. governors' salaries. Topping the list is Miles City, with Helena and Belgrade close behind in second and third. Montana Codes Opens in new window United States Codes Opens in new window Federal Laws. In addition to their salary, they are due one-half the regular rate for each of the 10 overtime hours -- or a total of $495 for the week. | Last updated December 11, 2018. The exemptions, however, are subject to Department of Labor and Industry rules and regulations. Salaries: The regular rate for an employee who is paid a salary for a specified number of hours a week is arrived at by dividing the weekly salary by the number of hours worked. At least the current state minimum wage must be paid. Learn more by speaking with a Montana employment law attorney near you. Montana's state minimum wage rate is $8.50 per hour.This is greater than the Federal Minimum Wage of $7.25. g) An employee employed as a driver or driver's helper making local deliveries who is compensated for such employment on the basis of trip rates or other delivery payment plan if the commissioner finds that the plan has the general purpose and effect of reducing hours worked by the employees to or below the maximum work week applicable to them under 39-3-405. For employers with gross annual receipts of $10,000 or less, the minimum wage is $4.00. An employee's regular rate includes all payments made by the employer to or on behalf of the employee. www.mtwagehourbopa.com. U.S. Department of Labor. (3) If an employee submits a timesheet after the employer's established deadline for processing employee timesheets for a particular time period and the employer does not pay the employee within the 10-day period provided for in subsection (1), the employer may pay the employee the wages due in the ensuing pay period.     Time of day and day of week worker's work week begins If the employee quits their employment : On the next scheduled pay day for the period in which the employee quits, or 15 calendar days, whichever occurs first. (2) Wages may be paid to the employee by electronic funds transfer or similar means of direct deposit if the employee has consented in writing or electronically, if a record is retained, to be paid in this manner. Their regular rate of pay for the week was $8.77 ($395 ÷ 45). The average salary earned by U.S. governors was $128,735. If you believe you're employer hasn't been paying you what you're owed, you may be able to file a claim. The exclusion does not apply to an employment relationship formed in the work setting outside the scope of the employment skills activities authorized by Title 53.            i) primarily employed during the workweek in agriculture by a farmer; and Student employees of seasonal amusement or recreational areas (who are furnished board and room) must receive one-and-one-half time (1.5 x) their regular rate of pay for all hours worked in excess of 48 in any work week. Work week: The work week is defined as a period of 168 hours during seven consecutive 24-hour periods. Her main duties must be office or non-manual work linked directly to management, business operations, or customers. The overtime compensation provision doesn't apply to: Overtime pay for firefighters and law enforcement officers is governed by the FLSA. If an employer has not established a time period or time when wages are due and payable, the pay period is presumed to be semimonthly in length. However, employers not covered by the FLSA whose gross annual sales are $110,000 or less are allowed to pay their employees $4.00 per hour. Classification is based on job duties and other criteria, including pay level. Popular Jobs Average Salary Salary Distribution; Director.        h) An employee employed in agriculture in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways that are not owned or operated for profit, that are not operated on a sharecrop basis, and that are used exclusively for supply and storing of water for agricultural purposes. Exceptions to Montana's Minimum Wage and Overtime Compensation Laws. SALARY RATE-Current, thru end of Dec., 2020 - $92.46/day (Equivalent to $11.56/hr) Effective Jan. 4, 2021 (upon being sworn in) - $100.48/day (Equivalent to $12.56/hr) u) A person employed as a guide, cook, camp tender, outfitter's assistant, or livestock handler by a licensed outfitter as defined in 37-47-101.  Unless specifically exempt by Montana law, all employees must be paid at least one-and-one-half times the employee's regular rate of pay for all hours worked in excess of 40 hours in a work week (1.5 x$ = $). In general, "hours worked" includes the time an employee must be on duty or on the employer's premises or at other designated places of work as well as additional time they are required or permitted to work for the employer. Their regular rate of pay is $375 ÷ 40 hours, or $9.38 an hour. You are entitled to be paid the higher state minimum wage. The employer can't put an employee on salary to evade overtime laws. Law Degree Salaries in Montana Salary estimated from 170 employees, users, and past and present job advertisements on Indeed in the past 36 months. This "reference guide" to Montana's wage and hours laws provides general information only and should not be considered as an official document. 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. (2) Except as provided in subsection (3), when an employee is separated for cause or laid off from employment by the employer, all the unpaid wages of the employee are due and payable immediately upon separation unless the employer has a written personnel policy governing the employment that extends the time for payment of final wages to the employee's next regular payday for the pay period or to within 15 days from the separation, whichever occurs first. Hours worked: Any employee subject to the Montana Minimum Wage Law must be paid in accordance with its provisions for all hours worked during the work week. In general, an employee's regular rate includes all payments made by the employer to, or on behalf of, the employee. Montana Code section 39-3-406 provides a complete list of exclusions that includes: Montana's wage and hour laws also require employers to pay their employees within the timeframes specified below: Denied Wages in Montana? No particular form of records is required. Employment in excess of 8 hours a day or 80 hours in a 14-day period must be compensated for at a rate of not less than 1½ times the hourly wage rate for the employee. 60501, the provisions of part I of the Interstate Commerce Act. Service charges, if imposed by a business engaged into the food, beverage or lodging industry, belongs to the employee. More importantly, how do they stay there? Accessed June 20, 2020. Parents who work at the same employer are able to split the 12 weeks between them. If a salary is paid on other than a weekly basis, the weekly pay must be determined in order to compute the regular rate and overtime. The placement may be with either a public or private employer. Employees in Montana who work more than 40 hours in a workweek must be paid overtime compensation at a rate of at least 1½ times the employee's regular hourly rate for those hours worked over 40. The Montana Minimum Wage Law applies to all workers in Montana. SHRM. They can be paid the state minimum wage per hour or paid on a monthly basis of $635. Legislative Salaries in Montana. Location. "Wages" in Montana includes any money due an employee from an employer -- including commissions, bonuses, tips and gratuities of any kind. SITE MAINTAINED BY: State Information Technology Services Division 125 N. Roberts PO Box 200113 Helena, MT 59620-0113 Service Desk (406) 444-2000 | Fax (406) 444-2701. All rights reserved. The $21.95 overtime premium brings the employee's total earnings to $416.95.)            ii) paid for employment in connection with the livestock auction operations at a wage rate not less than that prescribed by 39-3-404. Last updated: September 15, 2020. Are you a legal professional? y) An employee of an air carrier subject to the provisions of 45 U.S.C. If you have a question as to the application of the law to any worker, write or call the Wage and Hour unit. Sec. A free inside look at Montana's salary trends based on 75 salaries wages for 32 jobs at Montana's. Regular rate: The "regular rate" can be more than the minimum wage; it cannot be less. The state minimum wage is $8.65 per hour. The work week can begin any day of the week or at any hour established by the employer. When they work more than 40 hours in a work week, they are due at least one-and -one-half times (1.5 X) their regular rate for each hour in excess of 40. Salaries posted anonymously by State of Montana employees. (1) Except as provided in subsection (2) or (3), when an employee separates from the employ of any employer, all the unpaid wages of the employee are due and payable on the next regular payday for the pay period during which the employee was separated from employment or 15 days from the date of separation from employment, whichever occurs first, either through the regular pay channels or by mail if requested by the employee. m) An employee employed in planting or tending trees; cruising, surveying, or felling timber; or transporting logs or other forestry products to a mill, processing plant, railroad, or other transportation terminal if the number of employees employed by the employer in the forestry or lumbering operations does not exceed eight. (406) 444-6543 Meals may not be used to make up any part of an employee's wage. Employers may want to write/phone the Employment Relations Division to determine whether their business or farm is covered under state or federal wage and hour law. Employers must keep records as required by regulations Accessed June 21, 2020. Assuming the employee receives no compensation other than that stated, here are some typical examples based on a maximum work week of 40 hours: 1. For employers with gross annual receipts of $10,000 or less, the minimum wage is $4.00. Montana is no exception. FMLA allows new parents to take up to 12 weeks off to bond with their child in the first year after birth or placement through adoption or foster care. g) Apprentices or learners, who may be exempted by the commissioner for a period not to exceed 30 days of their employment. Tip credits aren't allowed for tipped employees in Montana. Inquiries about the Montana Minimum Wage laws and other Montana labor laws and their application will be answered by mail, telephone or personal interview at the: Department of Labor and Industry An entry level law enforcement officer (1-3 years of experience) earns an average salary of $44,112. k) A driver employed by an employer engaged in the business of operating taxicabs. f) A salesperson paid on a commission or contract basis who is primarily engaged in selling advertising for a radio or television station employer. 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. Salary Laws for Vacation & Sick Days. Montana's minimum wage and overtime compensation laws are not applicable to all employees within the state. The federal minimum wage is $7.25 per hour. "Declaration of Policy. w) An employee of the consolidated legislative branch as provided in 5-2-503. Employment for two or more work weeks cannot be averaged for overtime or minimum wages. Microsoft Edge. 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. Sections 39-3-401 to 39-3-409 provide for minimum wage and hours for workers in the State of Montana, delegating to the Commissioner of Labor and Industry the duty of administering the Act, and providing enforcement. l) An employee who is employed with the employee's spouse by a nonprofit educational institution to serve as the parents of children who are orphans or one of whose natural parents is deceased or who are enrolled in the institution and reside in residential facilities of the institutions so long as the children are in residence at the institution and so long as the employee and empoyee's spouse reside in the facilities and receive, without cost, board and lodging from the institution and are together compensated, on a cash basis, at an annual rate of not less than $10,000. Under Montana law tips do not count as part of an employee's wage for purposes of the minimum wage. If an employee fails to submit a time sheet by the time … Payment of wages generally. If there is not an established time period or time when wages are due and payable, the pay period is presumed to be semimonthly in length. Stay up-to-date with how the law affects your life, Name Many states allow employers to require tip pooling or “tipping out.” All employees subject to the pool have to chip in a portion of their tips, which are then divided among a group of employees. 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