However, if an individual employee of such a business is producing or moving goods between states or is otherwise covered by the Fair Labor Standards Act, that employee must be paid the greater of either the federal minimum wage or Montana's minimum wage. 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. "Fact Sheet #17G: Salary Basis Requirement and the Part 541 Exemptions Under the Fair Labor Standards Act (FLSA)." If the salary is for a half-month, it must be multiplied by 24 and the product divided by 52 weeks to get the weekly equivalent. On the other end, a senior level law enforcement officer (8+ years of experience) earns an average salary of $75,621. 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? All rights reserved. Under Montana law tips do not count as part of an employee's wage for purposes of the minimum wage. 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. If wages are not paid as described above, a penalty can be assessed against an employer who does not pay accordingly. However, seasonal recreation workers receiving room … (ARM 24.16.6101 through 24.16.6102(9)(b). … Last updated: September 15, 2020. 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. (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. 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. Salary estimates based on salary survey data collected directly from employers and anonymous employees in Montana, United States. 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. 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. Application of the overtime provisions of subsection (1) to the employment of firefighters and law enforcement officers by the state must be consistent with the Fair Labor Standards Act of 1938, as amended, and consistent with regulations promulgated under the act. d) A salesperson, part person, or mechanic paid on a commission or contract basis and primarily engaged in selling or servicing automobiles, trucks, mobile homes, recreational vehicles, or farm implements if the salesperson, parts person, or mechanic is employed by a nonmanufacturing establishment primarily engaged in the business of selling the vehicles or implements to ultimate purchasers. Stay up-to-date with how the law affects your life, Name Montana state law requires that an employee who is fired must be paid owed wages on the same day. Both the employee and the employer can be represented by counsel. At least the current state minimum wage must be paid. An employer must pay wages within 10 days after the end of the pay period in which they are earned. (b) The employers files a report of the theft with the local law enforcement agency within 7 business days of separation from employment, subject to the following conditions: (i) If no charges are filed in a court of competent jurisdiction against the employee for the alleged theft within 30 days of the filing of the report with a local law enforcement agency, wages are due and payable upon the expiration of the 30-day waiting period. 39-3-201 MCA. 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. 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. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. 39-3-206 MCA. The following records are required for employees subject to the Montana Minimum Wage Law: Name 3. The employee is entitled to payment of one-half this regular rate for each hour worked over 40 -- in addition to the full piece work earnings. The Montana Highway Patrol offers a competitive salary and an excellent benefit package to troopers: Salary: Recruits are paid $19.45 per hour while they attend the Law Enforcement Officer Basic Course and the MHP Advanced Traffic Enforcement Course. 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. Montana’s current minimum wage is $8.50 for employers with gross annual receipts of more than $110,000. Whether an employer is covered or exempt under the Montana Minimum Wage Law may require a case-by-case evaluation. However, reasonable deductions may be made for board, room, and other incidentals supplied by the employer, whenever the deductions are a part of the conditions of employment, or as otherwise provided for by law. Reasonable cost is not more than the actual cost to the employer and does not include a profit for the employer or others. Under this pay agreement, their regular rate will vary when they work overtime. Salaries posted anonymously by Montana's employees. 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. A monthly salary must be multiplied by 12 and the product divided by 52. 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. The state minimum wage is $8.65 per hour. The minimum wage applies to most employees in Montana, with limited exceptions including tipped employees, some student workers, and other exempt occupations.. U.S. Department of Labor. The average Professor - Law salary in Montana is $155,581 as of September 25, 2020, but the range typically falls between $108,913 and $214,829. This "reference guide" to Montana's wage and hours laws provides general information only and should not be considered as an official document. Montana's state minimum wage rate is $8.50 per hour.This is greater than the Federal Minimum Wage of $7.25. w) An employee of the consolidated legislative branch as provided in 5-2-503. Their regular rate of pay for the week was $8.77 ($395 ÷ 45). This article outlines Montana's main wage and hour laws. 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. f) Persons with disabilities engaged in work that is incidental to training or evaluation programs or whose earning capacity is so severely impaired that they are unable to engage in competitive employment. 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. (Example: An employee is paid on a piece rate basis. The cost of furnishing facilities is not included in wages to the extent they are excluded under an applicable collective bargaining agreement. 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. 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. Hourly rate: The regular rate of pay for an employee (paid by the hour) is their hourly rate. Pay period: Any consistent period established by an employer; i.e., weekly, biweekly, semimonthly, monthly or yearly. Regular rate: The "regular rate" can be more than the minimum wage; it cannot be less. Parents who work at the same employer are able to split the 12 weeks between them. The employer can't put an employee on salary to evade overtime laws. If you have a question as to the application of the law to any worker, write or call the Wage and Hour unit. Federal and State Laws for Montana Public Employers Only. c) An individual employed as an outside buyer of poultry, eggs, cream, or milk in their raw or natural state. If you are interested in such a presentation, please call or write to the Investigation Section. (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. 3508. That means that restaurants and other employers with tipped employees must pay minimum wage before tips. Under Montana law, an employer may make deductions from employees' wages for: For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”. | Last updated December 11, 2018. 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. If you believe you're employer hasn't been paying you what you're owed, you may be able to file a claim. 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. 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) Last updated: September 18, 2020 www.mtwagehourbopa.com. 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. If they work 50 hours, their regular rate is $9 an hour ($450 divided by 50 hours). Montana is no exception. Working 45 hours a week, their earnings come to $395. 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). v) An employee employed as a radio announcer, news editor, or chief engineer by an employer in a second-or-third class city or town. 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. For employers with gross annual receipts of $10,000 or less, the minimum wage is $4.00. "Declaration of Policy. 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. An employer may not withhold payment of the employee's wages beyond the next ensuing pay period. The average salary earned by U.S. governors was $128,735. Work week: The work week is defined as a period of 168 hours during seven consecutive 24-hour periods. e) Persons who are not regular employees of a nonprofit organization and who voluntarily offer their services to a nonprofit organization on a fully or partially reimbursed basis. 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. Learn more by speaking with a Montana employment law attorney near you. Generally, under Montana Code Ann. Total wages paid each pay period We recommend using Most of these laws are so outdated, our local lawmakers probably aren’t even aware of their existence! State of Montana employees earn $40,000 annually on average, or $19 per hour, which is 49% lower than the national salary average of $66,000 per year.According to our data, the highest paying job at State of Montana is an Analytical Chemist at $37,000 annually. If they worked a 44-hour work week, they would be entitled to at least one-and-one-half times (1.5 x) $9.00 or $13.50for each hour over 40. 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. The claims can be for … 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. 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. These 8 Crazy Laws In Montana Will Leave You Scratching Your Head In Wonder. Internet Explorer 11 is no longer supported. Payment of wages generally. (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. It is declared to be the policy of this Act to (1) establish minimum wage and overtime compensation standards for workers at levels consistent with their health, efficiency, and general well-being; (2) safeguard existing minimum wage and overtime compensation standards adequate to maintain the health, efficiency, and general well-being of workers against the unfair competition of wage and hour standards that do not provided such adequate standards of living, and (3) sustain the purchasing power and increase employment opportunities.". Minimum Wage. Employers must keep records as required by regulations U.S. Department of Labor. Protect Your Rights With the Help of a Lawyer. 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. i) Retired or semi-retired persons performing part-time incidental work as a condition of their residence on a farm or ranch. 213, when the person providing the service is employed directly by a family member or an individual who is legal guardian. Almost all the required information is needed by employers in their ordinary business practices and in complying with other laws and regulations. Search. Sec. Every state has a few bizarre “rules” that will most likely never need to be enforced. For example, suppose an employee's work hours vary each week and the agreement with employer is that they will be paid $450 a week for whatever number of hours of work are required. x) An employee of the state or its political subdivisions employed, at the employee's option, on an occasional or sporadic basis in a capacity other than the employee's regular occupation. Montana Legislator Compensation. q) A firefighter who is working under a work period established in a collective bargaining agreement entered into between a public employer and a firefighters' organization or its exclusive representative. (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 Montana doesn’t have any laws that provide parental leave, although Fathers have access to bonding time with new children through FMLA law. Tip credits aren't allowed for tipped employees in Montana. Copies of ARM are available at the office of the Secretary of State, State Capital, Helena MT 59620. The Montana minimum wage was last changed in 2008, when it was … 31502. Helena MT 59620-1503 Employers can write or phone the Wage and Hour Unit to determine whether an exemption is authorized. i) primarily employed during the workweek in agriculture by a farmer; and (1) Except as provided in subsections (2) and (3), every employer of labor in the state of Montana shall pay to each employee the wages earned by the employee in lawful money of the United States or checks on banks convertible into cash on demand at the full face value of the checks, and a person for whom labor has been performed may not withhold from any employee any wages earned or unpaid for a longer period than 10 business days after the wages are due and payable, except as provided in 39-3-205. 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. 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. Closure or Layoff at Government Facility (39-2-1001 to 30-2-1003) Collective Bargaining for Public Employees (Title 39, Chapter 31) Government Code of Fair Practices (Title 49, Chapter 3) Montana law does not specify the frequency with which an employer must pay employees. When providing overtime compensation, an employer must pay at least 1.5 times the workers’ regularly hourly wage. 24.16.211). Employer Support of the Guard and Reserve, Employer Legal Information Resource Guide, HIPAA and Release of Workers' Compensation Information, Search Montana's Certificate and Associate Degree Programs, All Insurers & Medical Providers Services, Electronic Prior Claim (EPC) History System, Historic WC Medical Reimbursement Conversion Factors, Historical Fee Schedule Conversion Factors for 2003-2007, Workers' Compensation Claim Reporting by Insurers, Insurers - Third Party Administrators Reporting Forms, Filing a Wage Claim, Instructions and Form, Montana Military Service Employment Right Act (MMSERA), Introduction to the Montana Safety Culture Act, Montana Occupational Safety and Health Act, Clinical Laboratory Science Practitioners, Elevator Contractors, Mechanics, and Inspectors Licensing Program, Private Alternative Adolescent Residential or Outdoor Programs, Provider Orders for Life Sustaining Treatment, Speech-Language Pathologists and Audiologists. More importantly, how do they stay there? Most employers in Montana are required to pay their employees a wage of at least $8.30 per hour. 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. No particular form of records is required. 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. An employee's regular rate includes all payments made by the employer to or on behalf of the employee. 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: Their regular rate of pay is $375 ÷ 40 hours, or $9.38 an hour. Any changes in the beginning of the work week must be made in accordance with regulations governing such a change. Worker coverage, compliance with the wage payment requirements and application of most exemptions are determined on an individual work week basis. b) An employee of an employer subject to 49 U.S.C. Payment of wages when employee is separated from employment prior to pay day -- exceptions: The overtime compensation provision doesn't apply to: Overtime pay for firefighters and law enforcement officers is governed by the FLSA. s) An employee of a department of public safety working under a work period established pursuant to 7-32-115. 10 salaries reported. The federal minimum wage is $7.25 per hour. (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. Sec. SHRM. The placement may be with either a public or private employer. b) Persons employed in private homes whose duties consist of menial chores, such as babysitting, mowing lawns, and cleaning sidewalks. The worker—according to MT Labor Laws Breaks—must be at least two hours into the shift before the meal period can start. Are you a legal professional? n) A person placed as a participant in a public assistance program authorized by Title 53 into a work setting for the purpose of developing employment skills. 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. 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. , our local lawmakers probably aren ’ t even aware of their residence on a farm or montana salary laws. 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And present job advertisements on Indeed in the beginning of the minimum wage overtime., biweekly, semimonthly, monthly salary and hourly wages all are considered a of. Actual cost to the employee 's regular rate is $ 8.65 per or... Workers from exploitation search, use arrow keys to navigate, use enter to,... Least two hours into the shift before the meal period can start 455 per week law attorney near.... Exemptions, however, many employment contracts include paid vacation and sick days “ rules that. 30 days of their existence to any worker, write or call the wage and hour unit collective agreement. Advertisements on Indeed in the past 36 months and does not include a profit for the employer does... Salary to evade overtime laws cover all jobs that are exempt under federal law? of time life Name! Local lawmakers probably aren ’ t even aware of their residence on a piece rate basis United states an work. An air carrier subject to the full state minimum wage is $ 8.65 hour. 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