(Prior approval required.) f) A salesperson paid on a commission or contract basis who is primarily engaged in selling advertising for a radio or television station employer. The exemptions, however, are subject to Department of Labor and Industry rules and regulations. 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. (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. Popular Jobs Average Salary Salary Distribution; Director. Parents who work at the same employer are able to split the 12 weeks between them. Overtime pay provisions do not apply for farm workers under Montana statute. Employees covered by the Fair Labor Standards Act must be paid at least the federal minimum wage but in no case can they be paid less than the wage required by Montana law -- unless the law provides for a specific exemption. The federal minimum wage is $7.25 per hour. However, an employee may not be required to use electronic funds transfer or similar means of direct deposit as a method for payment of wages. However, if a Montana employee quits, they … If they work 50 hours, their regular rate is $9 an hour ($450 divided by 50 hours). 3. Salaries posted anonymously by State of Montana employees. c) Persons employed directly by the head of a household to care for children dependent upon the head of the household. If, under the employment agreement, a salary sufficient to meet the minimum wage requirements in every work week is paid as straight time pay for whatever number of hours are worked, the regular rate is arrived at by dividing the salary by the hours worked each week. His salary was compared by the Department of Administration to pay for governors in Idaho, North Dakota, South Dakota and Wyoming. Employees covered by the Fair Labor Standards Act must be paid at least the federal minimum wage but in no case can they be paid less than the wage required by Montana law -- unless the law provides for a specific exemption. q) An employee of a seasonal nonprofit establishment that is an organized camp or religious or educational conference center. Montana doesn’t have any laws that provide parental leave, although Fathers have access to bonding time with new children through FMLA law. (Example: An employee is paid $9.00 an hour. Firefox, or 39-3-206 MCA. When they work overtime, they will be entitled to one-and-one-half times (1.5 X) the $9.38, or $14.07 for each hour more than 40 hours.). Provide information on the type of firm, what it does, with whom it does business, the job involved, the method of pay, the hours of work and any other details you think will be needed to answer your questions. Topping the list is Miles City, with Helena and Belgrade close behind in second and third. Montana law exempts anyone employed in a bona fide executive, administrative, professional, computer professional, or outside sales capacity from overtime pay requirements as defined by the federal Fair Labor Standards Act (FLSA) (MT Code Sec. i) An employee employed in agriculture by a farmer, notwithstanding other employment of the employee in connection with livestock auction operations in which the farmer is engaged as an adjunct to the raising of livestock, either alone or in conjunction with other farmers, if the employee is: 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. 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. l) Resident managers employed in lodging establishments or assisted living facilities who, under the terms of their employment, live in the establishment or facility. (Prior approval required.) 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. Montana state law requires that an employee who is fired must be paid owed wages on the same day. Google Chrome, 10501 and 49 U.S.C. Official statements of policy and procedure are contained in the regulations formally adopted by the Investigation Section of the Montana Department of Labor and Industry and are published in the Administrative Rules of Montana (ARM). Salaries posted anonymously by Montana's employees. e) A salesperson engaged primarily in selling trailers, boats, or aircraft if the salesperson is employed by a nonmanufacturing establishment primarily engaged in the business of selling trailers, boats, or aircraft to ultimate purchasers. Montana labor law regarding breaks states that a meal is required for workers if an employee completes a 5 hour shift; if a 5-hour shift is completed, the worker must be given at least a 30-minute meal period. Work week: The work week is defined as a period of 168 hours during seven consecutive 24-hour periods. (Example: An employee is paid a salary of $375 for a 40-hour week. If you are interested in such a presentation, please call or write to the Investigation Section. Legislative Salaries in Montana. Their regular rate of pay is $375 ÷ 40 hours, or $9.38 an hour. 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? However, employers are allowed to bypass this regulation if they have put a different arrangement in writing with the employee ahead of time. Service charges, if imposed by a business engaged into the food, beverage or lodging industry, belongs to the employee. However, Montana law does not allow employers to take a tip credit. Location. The Montana Minimum Wage Law of 1971 establishes minimum wage, maximum hours and overtime pay for all employment covered under the law -- unless specifically exempted. A service charge is defined as an arbitrary fixed charge added to the customer's bill by an employer in lieu of a tip which is collected by the employer and must be distributed directly to the non-management employee preparing or serving the food or beverage or to any other employee involved in related services, pursuant to a tip pool agreement. In addition to the regular rate, the employee is entitled to $4.39 (½ their regular rate) for each hour worked over 40 -- or five times $4.39 for the five overtime hours. Employees are entitled to the full state minimum wage per hour, regardless of how much they make in tips. The federal minimum wage is $7.25 per hour. Their regular rate of pay for the week was $8.77 ($395 ÷ 45). Sec. 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. 60501, the provisions of part I of the Interstate Commerce Act. Commissions, monthly salary and hourly wages all are considered a part of the employee's regular rate. PO Box 201503 r) An officer or other employee of a police department in a city of first or second class who is working a work period established by the chief of police under 7-32-4118.       o) A person serving as a foster parent, licensed as a foster care provider in accordance with 52-2-621, and providing care without wage compensation to no more than six foster children in the provider's own residence. Both the employee and the employer can be represented by counsel.     Time of day and day of week worker's work week begins (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. A free inside look at State of Montana salary trends based on 499 salaries wages for 349 jobs at State of Montana. Copyright © 2020, Thomson Reuters. US Legislative Branch Do you want to see salaries from the company US Legislative Branch instead? 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. The Montana Minimum Wage Law applies to all workers in Montana. The North Dakota governor topped the list with a salary … i) Retired or semi-retired persons performing part-time incidental work as a condition of their residence on a farm or ranch. Worker coverage, compliance with the wage payment requirements and application of most exemptions are determined on an individual work week basis. Salary estimates based on salary survey data collected directly from employers and anonymous employees in Montana, United States. Montana’s current minimum wage is $8.50 for employers with gross annual receipts of more than $110,000. FMLA allows new parents to take up to 12 weeks off to bond with their child in the first year after birth or placement through adoption or foster care. In the state of Montana, the majority of workers who receive an hourly wage and work over 40 hours in a 7-day work week must be provided with overtime compensation. Sec. Unless specifically exempt by Montana law, all employees must be paid at least one-and-one-half times the employee's regular rate of pay for all hours worked in excess of 40 hours in a work week (1.5 x$ = $). j) An individual employed in a bona-fide executive, administrative, or professional capacity, as these terms are defined by regulations of the commissioner,  a computer systems analyst, computer programmer, software engineer, network administrator, or other similarly computer employee who earns not less than $27.63 an hour pursuant to 29 CFR 541.400 or 541.402, or an individual employed in an outside sales capacity as defined in 29 CFR 541.500.  (ii) If charges are filed against the employee for theft, the court may order the withheld wages to be offset by the value of the theft. 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. We recommend using "How Do State Overtime Pay Rules Differ From Federal Law?" The average Employment Law Attorney I salary in Montana is $80,973 as of October 28, 2020, but the range typically falls between $66,895 and $89,225. 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. 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. More importantly, how do they stay there? The Montana minimum wage was last changed in 2008, when it was … These 8 Crazy Laws In Montana Will Leave You Scratching Your Head In Wonder. Copies of ARM are available at the office of the Secretary of State, State Capital, Helena MT 59620.     Sex and occupation Tips, gratuities or service charges belong to the employee and cannot be used by the employer to make up any part of the worker's wage. Employment for two or more work weeks cannot be averaged for overtime or minimum wages. Salary ranges can vary widely depending on the city and many other important factors, including education, certifications, additional skills, the number of years you have spent in your profession. Last updated: September 15, 2020. 181, et seq., whose hours worked in excess of 40 hours in a workweek were not required by the air carrier but were arranged through a voluntary agreement among employees to trade scheduled work hours.     Date of Birth U.S. Department of Labor. a) Students participating in a distributive education program established under the auspices of an accredited educational agency. (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 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. Montana's state minimum wage rate is $8.50 per hour.This is greater than the Federal Minimum Wage of $7.25. An entry level law enforcement officer (1-3 years of experience) earns an average salary of $44,112. Under Montana law tips do not count as part of an employee's wage for purposes of the minimum wage. The Investigation Section is please to provide presentations to groups of employers and employees interested in learning about wage and hour law and wage payment law. 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