Montana Overtime laws & HR compliance analysis

Montana Overtime: What you need to know

Montana law requires that covered employers pay nonexempt employees overtime in the amount of 1 1/2 times the employee’s regular pay rate for hours worked in excess of 40 in a workweek (MT Code Sec. 39-3-405). Montana does not require that overtime be paid for hours worked in excess of 8 per day or on weekends or holidays (although union contracts often require overtime pay for such work).
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Montana law provides for numerous exemptions from the state overtime requirements, including:
• People employed by the head of a household to care for children
• People employed in private homes to perform menial chores, such as babysitting, mowing lawns, and cleaning sidewalks
• Students participating in a distributive education program established by an accredited educational agency
• Immediate family members of an employer
• People dependant on their employer for half or more of their support in the customary sense of being dependent
• People who are not regular employees of a nonprofit organization, but who voluntarily offer their services on a fully or partially reimbursed basis
• People 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
• Certain learners under the age of 18 who are employed as farmworkers for up to 180 days from their initial date of employment; during this exclusion period, wages paid the learners may not be less than 50 percent of the minimum wage rate
• Retired or semiretired people performing part-time work as a condition of their residence on a farm
• Federal employees
• Certain foster parents
• Logging and forestry employees in companies of ...

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