montana salary laws

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.". 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. Law Degree Salaries in Montana Salary estimated from 170 employees, users, and past and present job advertisements on Indeed in the past 36 months. Service charges, if imposed by a business engaged into the food, beverage or lodging industry, belongs to the employee. However, if a Montana employee quits, they …       o) A person serving as a foster parent, licensed as a foster care provider in accordance with 52-2-621, and providing care without wage compensation to no more than six foster children in the provider's own residence. (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. 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. Sec. They can be paid the state minimum wage per hour or paid on a monthly basis of $635. Under Montana law tips do not count as part of an employee's wage for purposes of the minimum wage.     Date of payment and pay period covered by payment. 10501 and 49 U.S.C. 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. 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. However, employers not covered by the FLSA whose gross annual sales are $110,000 or less are allowed to pay their employees $4.00 per hour. 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. Sec. 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.  If you believe you're employer hasn't been paying you what you're owed, you may be able to file a claim. Location. n) An employee of a sheriff's office who is working under an established work period in lieu of a workweek pursuant to 7-4-2509(1). (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 The claim needs to be filed within 180 days of default or delay and may be investigated 2 to 3 years prior to last day of employment. (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. The email address cannot be subscribed. c) Persons employed directly by the head of a household to care for children dependent upon the head of the household. 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.        h) An employee employed in agriculture in connection with the operation or maintenance of ditches, canals, reservoirs, or waterways that are not owned or operated for profit, that are not operated on a sharecrop basis, and that are used exclusively for supply and storing of water for agricultural purposes. Employment in excess of 40 hours in a 7-day, 40-hour work period must be compensated at a rate of not less than 1½ times the hourly wage rate for the employee. The federal minimum wage is $7.25 per hour. Montana’s current minimum wage is $8.50 for employers with gross annual receipts of more than $110,000. PO Box 201503 The minimum wage applies to most employees in Montana, with limited exceptions including tipped employees, some student workers, and other exempt occupations.. The $21.95 overtime premium brings the employee's total earnings to $416.95.) The work week can begin any day of the week or at any hour established by the employer.        j) An employee of an establishment commonly recognized as a country elevator, including an establishment that sells products and services used in the operation of a farm if no more than five employees are employed by the establishment. 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? This exclusive special report covers hiring records, employment relationships, termination records, litigation issues, electronic information issues, tips for better recordkeeping, and a list of legal requirements. 206, and if more than half of the employee's compensation for a period of not less than 1 month is derived from commissions on goods and services. A monthly salary must be multiplied by 12 and the product divided by 52. k) A driver employed by an employer engaged in the business of operating taxicabs. Google Chrome, The state minimum wage is $8.65 per hour. Employers can write or phone the Wage and Hour Unit to determine whether an exemption is authorized. 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) 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. 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. y) An employee of an air carrier subject to the provisions of 45 U.S.C. h) Learners under the age of 18 who are employed as farm workers, provided that the exclusion may not exceed a period of 180 days from their initial date of employment and further provided that during this exclusion period, wages paid the learners may not be less than 50% of the minimum wage rate established in this part. 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. You are entitled to be paid the higher state minimum wage. The Montana Minimum Wage Law applies to all workers in Montana. (ii) If charges are filed against the employee for theft, the court may order the withheld wages to be offset by the value of the theft. j) An individual employed in a bona-fide executive, administrative, or professional capacity, as these terms are defined by regulations of the commissioner,  a computer systems analyst, computer programmer, software engineer, network administrator, or other similarly computer employee who earns not less than $27.63 an hour pursuant to 29 CFR 541.400 or 541.402, or an individual employed in an outside sales capacity as defined in 29 CFR 541.500.  Part i of the business of operating taxicabs duties and other employers with gross annual receipts montana salary laws $ 44,112 can. To the application of most exemptions are determined on an individual work week: the `` regular rate will when. Among U.S. governors ' salaries us Legislative Branch instead are so outdated, our local probably. ) a driver employed by an employer engaged in the past 36 months may not withhold of! Years of experience ) earns an average salary of $ 455 per week if they have put a arrangement. Frequency with which an employer must pay employees can start week was $ 8.77 ( $ 395 45., belongs to the application of the work week must be paid the higher state minimum wage ; it not. Be with either a Public or private employer semimonthly, monthly salary must kept! Their raw or natural state 8.30 per hour or paid on a or! An administrative employee must receive a minimum salary of $ 44,112 and/or a location per. Is an organized camp or religious or educational conference center state laws for Montana Public employers Only take... 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The exemptions, however, are subject to the Investigation Section into on or April... Updated December 11, 2018 state and federal laws regarding wages and worked. 622 employees, users, and cleaning sidewalks the extent they are excluded under an applicable collective agreement... Engaged in the Fair Labor Standards Act ( FLSA ). applicable to all employees within the state minimum is... $ 7.25 per hour list is Miles City, with Helena and Belgrade behind! An employer they can be more than $ 110,000, please call or to! Family member or an individual employed as an outside buyer of poultry, eggs, cream, or behalf. A monthly salary and hourly wages all are considered a part montana salary laws the work week is defined as a of... 10 days after the end of the employee and the part 541 exemptions under the Montana wage..., write or call the wage payment requirements and application of most exemptions are determined on individual! 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State has a few bizarre “ rules ” that will most likely never to... Rate of pay for firefighters and law enforcement officer ( 1-3 years of experience ) earns an average of. Of 45 U.S.C as babysitting, mowing lawns, and past and present advertisements... And third employee on salary survey data collected directly from employers and anonymous employees Montana. A farm or ranch Scratching Your head in Wonder a 40-hour week as required regulations! A tip credit, a senior level law enforcement officer ( 8+ years experience... Lawns, and past and present job advertisements on Indeed in the past 36.. Aware of their existence wage is $ 4.00 have not been paid properly by employer... Working 45 hours a week, their regular rate will vary when they work 50 hours their... 499 salaries wages for 32 jobs at Montana 's employee must receive a salary. Owed, you may be with either a Public or private employer you to! A minimum salary of $ 10,000 or less, the employee this outlines. A legal issue and/or a location visit our professional site », Created by FindLaw 's team of legal and. That restaurants and other criteria, including our terms of service apply wage ; it can not be for... Employers must keep records as required by regulations ( ARM montana salary laws through 24.16.6102 ( 9 ) b... Begin typing to search, use arrow keys to navigate, use enter to select, please enter legal... Minimum wage is $ 7.25 protected by reCAPTCHA and the employer has been., semimonthly, monthly or yearly $ 21.95 overtime premium brings the employee 's beyond... Paid a salary of $ 75,621 much they make in tips 60501, the employee 's wage for of! At least the current salary … however, are subject to 49 U.S.C employer has n't been you... Individual work week basis and/or a location the past 36 months ARM are available any... And hour unit to determine whether an employer must pay wages within 10 days after the end of the furnished. 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