In these states federal law applies effect. Your Compliance Edge. 39-3-206. Nevada Nevada has an overtime law employers must follow. 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. Montana's law regarding overtime pay can be found in Title 39, Chapter 3, Parts 2 and 4 of the Montana Code Annotated. 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. **Holiday pay, sick leave, and vacation hours do not count toward the 40 hours. The Fair Labor Standards Act (FLSA) classifies employees as exempt and non-exempt from minimum wage and overtime requirements. Overtime compensation. The Fair Labor Standards Act (FLSA) and Montana labor law requires all employers in Montana to visibly display an approved Montana minimum wage poster, and other Montana and federal labor law posters, to ensure that all employees are aware of federal and Montana labor law and overtime regulations. Overtime compensation. Executives, administrators, and other professionals earning at least $455 per week do not have to be paid overtime under Section 13(a)(1) of the Fair Labor Standards Act. The following jobs are specifically covered by Federal overtime pay laws: All first-responders, including police, paramedics, and firefighters, are specifically offered overtime protection under the FLSA. Some states further stipulate that overtime pay is required for any hours an employee works beyond 8 in a single day. Who can join a Montana … When the FLSA was established in 1938, agricultural … 39-3-406. The wages are computed as follows: 36 hours x $9.50 per hour = $342.00 You must spend no more then 20% of your time doing other activities (or 40% in a retail environment), and your job should be a salaried position. Montana Department of Labor & Industry is committed to the economic health of state and local business communities by providing easy access to posters that federal law requires be posted in each worksite. … 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. Montana labor laws breaks—and state law in general—prohibits smoking within 25 feet of a businesses’ entrance. The FLSA is administered and enforced by the U.S. Department of Labor's Wage and Hour Division. Provisions cumulative. Employees covered by Montana’s overtime law must be paid 1.5 times their regular rates for hours worked in excess of 40 per week. As an example, New Jersey has restrictions on workers in healthcare facilities. 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. Check Your State's Laws on Overtime. employees working directly for the head of a household to care for the dependent children of the head of household. 31502; Federal Minimum Wage | Montana's Overtime Minimum Wage Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. Your job must be salaried, primarily intellectual, and you must be expected to use discression and judgement. Employers in Montana must adhere to both federal and state overtime regulations defining how much overtime must be paid, and which employees are entitled to overtime pay. When it comes to determining overtime and wage classifications, the law uses the terms exempt and non-exempt workers. Always verify current requirements with your accounting staff, lawyer, or state. Employers in these situation must comply with any minimum wage requirements: employees subject to the authority of the United States secretary of transportation to establish qualifications and maximum hours of service pursuant to the provisions of 49 U.S.C. Federal law and guidance on this subject should be reviewed together with this section.. students in distributive education programs; apprentices and learners for up to 30 days; 180 days of farm work by a minor learner if the learner is paid at least half the minimum wage; people performing menial chores at private homes; retired or semiretired persons doing incidental work as a condition of residence on a farm or ranch; bona fide executive, administrative and professional employees; participants in certain welfare-to-work programs; railroad, express company, pipeline and water carrier employees covered by Part I of the Interstate Commerce Act; outside buyers of poultry and dairy products; employees of forestry or logging operations and guidepersons employed by licensed outfitters as guides, cooks, camp tenders or livestock handlers; resident managers employed in lodging establishments or personal care facilities who, under the terms of their employment, live in the establishment or facility; vehicle salespersons, partspersons and mechanics; drivers or drivers' helpers making local deliveries; retail employees paid a commission plus at least 1 1/2 times the minimum wage; and, The weekly earnings estimate of $340.00 is based on a standard 40-hour workweek. In many cases, the answer is yes. There are both federal and state laws that affect wage and overtime claims. 39-3-214. Misclassifying an employee as an independent contractor (using Form 1099) is considered tax evasion, so please call us i… Payment of Wages. Wage and Hour Laws Wage and Hour Laws The Compliance and Investigations Bureau enforces provisions of the Montana Wage Payment Act, minimum wage and overtime law, Public Contracts / Prevailing Wage Law and the State Child Labor Standards Act. Montana establishes special overtime thresholds for seasonal recreation workers receiving room and board (48 hours per week), and health care providers (8 hours a day, or 80 hours in a 14-day period). Other exempt positions include some transportation workers, certain agricultural and farm workers, and some live-in employees such as housekeepers. Help us keep Minimum-Wage.org up-to-date! If your job falls under any of the four categories described above, then you are not covered by federal or Montana unemployment regulations and your employer is not required to pay you an overtime premium. If your work involves manual labor (such as construction worker, factory attendant, cashier, etc) you are probably protected under overtime law. Your job is classified as an Administrative position if your primary duty is non-manual work related to business operations, management policies, or administrative training. EXAMPLE: One week an employee works 36 hours entering data into the computer data base for which $9.50 per hour is paid. Overtime pay is 1.5 times your normal pay rate. Montana Minimum Wage Laws The minimum wage is currently set at $8.05 per hour. FLSA rules apply to Montana overtime, but employees working for seasonal recreation businesses will only be able to receive overtime after working for 48 hours. Montana Minimum Wage Laws. 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