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.

The exceptions to Montana’s overtime law generally track the federal law exceptions. There are however a few jobs that are exempt from Montana’s law that are not exempt under federal law:

• Salespeople paid on a commission or contract basis who are primarily engaged in selling advertising for a radio or television station employer
• People employed as guides, cooks, camp tenders, or livestock handlers by licensed outfitters
• Certain public employees engaged in collective bargaining agreements.

Jobs that are exempt from Montana’s minimum wage laws are also exempt from the overtime laws (see below).

The current minimum wage in Montana is $10.30 an hour for all workers, except those who receive tips:

Tipped employees

Like federal law, Montana labor law does not require your employer to provide rest or meal breaks. However, if your employer does provide such breaks, they are counted as paid time, unless they are longer than 30 minutes and you are completely relieved from work during them.

Under Montana labor law, an employer who does not pay an employee properly is guilty of a misdemeanor. Violations of wage-and-hour provisions for certain other jobs may carry other criminal penalties.

Detailed information on how to file a wage-and-hour claim with the Montana Department of Labor and Industry can be found at Montana’s Department of Labor and Industry webpage. If you file an administrative claim, the Department can issue a default order (if your employer does not respond) or may hold a hearing to determine if you are owed what you say you are owed. If your employer still refuses to pay, the Department can apply to a state court to have the order enforced. In addition to receiving the wages you are owed, the Department may assess a penalty of up to 110% of the recovered money, which you will also receive.

Do not delay in contacting the Department of Labor and Industry to file a claim. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for this agency to act on your behalf, you must file a claim within 180 days of default or delay in paying wages. Once you have filed, you can recover wages and penalties for the two years prior to the date on which the claim is filed; if you no longer are employed by the employer who denied you your wages, then you can recover for the last two years you were employed. In addition, if your employer has violated the wage-and-hour laws before, you can recover for wages for the three years prior to the date you filed, or, if you are no longer employed by your employer, the last three years that you worked. You may wish to consult with an attorney prior to filing your claim, if possible, but it is not necessary to have an attorney to file your claim with the district and federal administrative agencies.

If you do not want to go through the Department of Labor and Industry, you can also file a suit in Montana state court; you are not required to go through the Department’s process first. If you sue in court, you are entitled to costs and attorney’s fees if you win. The same time deadlines explained above apply if you file in court.