The Montana Labor Law Guide

Minimum wage is the lowest hourly pay rate that employers are legally obligated to pay employees. The federal minimum wage is a wage baseline, but different states, cities, and regions can adopt their own rates. 

As of 2024, the minimum wage is $10.30 per hour for most employees.

Starting January 1st, 2025, the minimum wage will be $10.55 for most employees.

Montana has a state-set minimum wage. Local cities tend to follow this wage amount and do not set their own higher rates.

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Currently, Montana doesn’t have a separate minimum wage for tipped employees. Tipped employees are generally paid the same state minimum wage as all other employees.

All non-exempt Montana employees must be paid 1.5 times their regular pay for all hours worked over 40 in a workweek. 

Montana wage and hour laws do not generally have any rules requiring an employer to provide a meal period or breaks to nonexempt employees, so in their case, the federal rule applies. The federal rule does not require an employer to provide either a meal period or breaks. 

However, if an employer chooses to do so, breaks, usually lasting less than twenty minutes, must be paid. Meal or lunch periods (usually thirty minutes or more) do not need to be paid, so long as the employee is completely relieved of all duties and free to do as they wish during the meal or lunch period.

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Vacation leave
Montana does not require employers to provide paid time off to their employees. Private employers can choose to offer vacation leave at their discretion. 

Paid Sick Leave
Montana has no state law requiring private employers to provide paid or unpaid sick leave. Public employees are entitled to paid sick leave after 90 days of employment. 

Holidays
Montana law doesn’t require employers to offer their employees paid or unpaid holiday leave.

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The Montana Child Labor Standards Act applies to all minors working in the state. Minors 14-15 years old are prohibited from operating power-driven equipment. Minors 16-17 can use power mowers and string trimmers, not chain saws and trimmers. 

Different child labor laws in Montana depend on the minor’s age. 

Laws for minors 14-15:

• Can work 3 hours school day and 18 hours per school week

• Can work 8 hours per day and 40 hours per week during non-school days

• Cannot be employed before 7 AM or after 7 PM. Between June 1st through Labor Day, minors can work until 9 PM 

Laws for minors 16-17:
Montana does not have specific work hours restrictions for minors aged 16 and 17.

Hiring
Montana’s Human Rights Act prohibits hiring discrimination based on:

• Race 

• Color

• Religion

• Sex

• National origin

• Age (40 and older)

• Disability

• Marital status

• Sexual orientation

• Gender identity

• Political beliefs 

Employers must obtain written consent from candidates before performing background checks. If one is conducted, employers must comply with the Fair Credit Reporting Act (FCRA) regulations, including notifying candidates when the background check is conducted and providing a copy of the report. 

Some local jurisdictions in Montana prohibit asking about criminal history and salary history. They also must verify that employees can work in the U.S. using Form I-9 and keep records for at least three years after the employee has been hired or at least one year after their employment has ended, depending on which occurs later.

Montana also complies with federal anti-discrimination laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). 

Firing
In Montana, an employer must have “good cause” to terminate an employee from its company based on the Montana Wrongful Discharge from Employment Act (WDEA). The employer must have a valid reason once an employee has completed their probationary period. Typically, the probationary period is six months, but it can be subject to change if an employer sets its own duration.