Contact. To learn about overtime pay laws in Montana, contact our attorneys handling Montana wage and hour lawsuits. The Nebraska Department of Labor manages wage and hour issues for Nebraska. The exceptions to Montana's overtime law … 39-3-406. Any collective bargaining agreement providing greater overtime or nonexempt compensatory time benefits supersedes this policy. There is no cost for required posters: Additionally, in some states, employers can penalize employees who refuse to work despite a lack of threat to their safety and health, as long as they receive one and a half times their regular pay for every hour exceeding their work week, as per the Fair Labor Standards Act (FLSA). Wage and hour lawsuits in Montana can recover lost wages and other damages for workers in Montana who have been underpaid, denied wages or overtime, or have been forced to work off the clock. This policy covers all university positions identified as nonexempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and Montana law. Federal and state laws are in place to protect workers from wage and hour violations. However, for those businesses with a gross annual sales of less than $110,000 the State minimum wage is $4.00 per hour. Your job is classified as a Professional position if your primary duties require advanced knowledge and extensive education, including artists, certified teachers, and skilled computer professionals. Provisions cumulative. Salaried employees are exempt. This rate is inflation adjusted every year. The FLSA is administered and enforced by the U.S. Department of Labor's Wage and Hour Division. Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. Employee Benefits. Content © 2020 Minimum-Wage.org, all rights reserved. This same worker performs janitorial services in the evenings for the employer and is paid $8.30 per hour for those 4 hours worked per week. Child labor act in Montana. employees working directly for the head of a household to care for the dependent children of the head of household. Federal Minimum Wage | The Department may investigate and enforce the payment of wages through administrative actions, hearings and Court enforcement. LEARN MORE. These laws include: 1. Montana's overtime law is similar to the requirements of the federal Fair Labor Standards Act ("FLSA"), and … 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. This page describes who has grounds for a Nebraska. They aren't entitled by law to receive a minimum wage per hour or to overtime when they work more than 40 hours a week. Montana adopts the Federal minimum wage rate by reference and does not contain current dollar minimums. Definitions; 39-3-405. Some states further stipulate that overtime pay is required for any hours an employee works beyond 8 in a single day. **Holiday pay, sick leave, and vacation hours do not count toward the 40 hours. Montana labor laws come under the Montana Department of Labor and Industry. Montana Overtime Pay Laws - MT Labor Law - 2020 Overtime pay is additional pay granted to employees who have worked over a certain amount of hours in a given timeframe. 39-3-408. Court costs and attorneys' fees. Toggle navigation. Nebraska. 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. The FLSA specifically covers certain jobs, and exempts others from overtime pay. Montana Overtime Pay Laws. Certain employees are exempt from minimum wages, overtime pay, or both. In Montana, non-exempt employees must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rate of pay. E-tools. The federal laws regulating overtime state that as long as you are paid the proper rate, there is no limit on mandatory overtime for workers 16 and older. The school's budget has been tight, so they switched from the old card-swipe system to a mobile application which rounds our punches to the nearest 15 minutes. Based on a 40 hour workweek, the minimum wage rate is set at $5.15 per hour. Montana Overtime Pay Laws: Wage & Hour Lawyers . Fact Sheets. Montana overtime laws are based on the number of hours worked in a traditional seven-day work week; the number of hours worked in a single day does not factor into the overtime calculation. This site is a free public service not affiliated with the Department of Labor or any governmental organization. These laws do not apply to agricultural workers and administrative, executive and other professionals who receive a salary. Because of the nature of the work environment and working hours required by certain careers, there are a wide variety of specific exemptions to Montana overtime eligibility. The overtime rate under Montana law is 1.5 times an employee’s regular pay rate. 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. Unless exempt from the overtime provisions, an employee must be paid at a rate of one and one-half their regular (hourly) rate for all hours worked over 40 per week. HELENA — The Montana Minimum Wage and Overtime Laws specifically set how much and when a worker must be paid. Yes, according to Montana labor laws breaks if the business permits smoking around the workplace. (39-3-201 to 39-3-217.) Exclusions. Certain employers may pay employees overtime for work in excess of a work period other than the traditional 40-hour workweek. § 39-3-205, an employer must immediately issue a final paycheck to a terminated employee, within four (4) hours or the end of the business day, whichever occurs first, unless the employer has a preexisting written policy to the contrary. General information about state and federal overtime laws, with specifics about Montana's overtime laws which require premium pay for hours worked over a certain threshold. Benefits Notices Calendar; Benefits Notices by Company Size Montana Montana follows federal overtime rules. 6 hours x $12.00 per hour = $ 72.00 Montana Laws for the most part pattern themselves after the Fair Labor Standards Act with regard to Unpaid Overtime in Montana. Montana's Little Davis Bacon Act (standard prevailing wage) (18-2-401 to 18-2-432.) EXAMPLE: Ann works 45½ hours and earns $377.65. Overtime compensation. Keeping updated on your state’s minimum wage and overtime laws is a key step in steering your company clear of an FLSA lawsuit. The Montana Department of Labor and Industry manages wage and hour issues for Missouri. Hello, I am an hourly employee working for a public school in Montana, contracted to work 40 hours weekly performing custodial work. When a family hires someone to perform duties in or around their home, they are considered a household employer. Definitions. If you believe your employer owes you overtime, learn how to file an overtime claim in Montana. When providing overtime compensation, an employer must pay at least 1.5 times the workers’ regularly hourly wage. This list contains the Federal Laws relating to Employment, the Federal Laws Regarding Montana Public Employers , and the State Laws Related to Employment. 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. Let us know in a single click, and we'll fix it as soon as possible. 39-3-402. In fact, some jobs require that an employee show up for overtime when directed to so, with refusal being a … Montana law exempts the following from both its minimum wage and overtime requirements: employees working in a private home with duties that consist of menial chores such as babysitting and lawn mowing. In many cases, the answer is yes. Federal law and guidance on this subject should be reviewed together with this section.. In these states federal law applies effect. 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. The laws are set forth by state statute and non-exempt employers must comply with these laws. You can learn more about this by visiting the Department of Labor and Industry site. Court costs and attorneys' fees. 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. Mr. Brown is a distinguished trial attorney with millions of dollars of recoveries for his clients. Be sure to check your state's specific overtime laws for any exceptions or additional rules. Montana Overtime Pay Lawyers The Brown, LLC Brown, LLC is an aggressive, methodical law firm headed by Jason T. Brown, a former Legal Advisor and Special Agent with the FBI. While some states follow the state laws, others adopt federal laws or both. She is entitled to her regular earnings ($377.65) plus an additional half of her regular rate of $4.15 for each hour worked over 40. California has a law that for every six days worked, employees need one day off without punishment. 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. In 2008, close to 200,000 employees sucessfully received a total of $140,200,000 (140.2 million dollars) in overtime and minimum wage backwages from their employers as a result of filing an FLSA violation claim. Your job is classified as an Executive position if your full-time responsibility is management of two or more employees. Whichever law (state … 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). 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. Most hourly employees in Montana are entitled to a special overtime pay rate for any hours worked over a total of 40 in a single work week (defined as any seven consecutive work days by the Fair Labor Standards Act). States with daily overtime requirements: Alaska, California, Colorado, and Nevada Please Note: The table above is meant to be used as a reference, but state laws are subject to change. Misclassifying an employee as an independent contractor (using Form 1099) is considered tax evasion, so please call us i… LEARN MORE. 39-3-402. Guidance materials about overtime topics, including an Employment Law Guide, Qs & As, guide to overtime laws in the states, and more. The employee then spends 6 hours preparing payroll for which $12 per hour is paid. Montana Min Wage - $8.50 per hour as of 2020. Check Your State's Laws on Overtime. The Department enforces the payment of minimum wage and overtime compensation. Is any of our data outdated or broken? Toggle navigation. In this case, she is due an additional $22.82 or a total of $400.47 for that workweek. To read the Federal Laws click here on the United States Codes Opens in new window and enter the title number and section number in the search engine. The Montana Department of Labor and Industry manages wage and hour issues for Missouri. Hourly Pay; Salary & Overtime FAQs; Day Rate Pay; Commission Pay; Other Pay Schemes; Back; Job Types; FAQs; Case Overviews; Contact Us; Overtime Calculator × … Employee Benefits. Penalty for failure to pay wages at times specified in law. Independent contractors, who are not considered legal employees, are also exempt from overtime law. It is important for workers in most industries and job types to be aware that federal law establishes a baseline for minimum wages across the country. HELENA — The Montana Minimum Wage and Overtime Laws specifically set how much and when a worker must be paid. If your work involves manual labor (such as construction worker, factory attendant, cashier, etc) you are probably protected under overtime law. You may be paid either a salary or commission-based structure, but you must not spend more then 20% of your time doing work other then sales to fall under this classification. 39-3-214. The yearly earnings estimate of $17,680.00 is based on 52 standard 40-hour work weeks. No Nebraska law imposes rules on hours worked or overtime; therefore, the FLSA governs overtime requirements. Overtime pay is 1.5 times your normal pay rate. EXAMPLE: One week an employee works 36 hours entering data into the computer data base for which $9.50 per hour is paid. Montana labor laws breaks—and state law in general—prohibits smoking within 25 feet of a businesses’ entrance. Overtime laws in Montana and nationally are designed to prevent workers from being exploited by their employers, with hourly wage earners (particularly those in blue-collar indistries) being the primarily protected group. Forced Overtime Laws. While we take all precautions to ensure that the data on this site is correct and up-to-date, we cannot be held liable for the accuracy of the labor law data we present. What are wage and hour laws? (39-3-401 to 39-3-409.) 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). Always verify current requirements with your accounting staff, lawyer, or state. The employee is entitled to payment of one-half this regular rate for each hour worked over 40 - in addition to the full commission or piecework earnings. 31502; See Overview. 39-3-206. 39-3-214. While some states have daily overtime limit which entitles any employee who works for more then a certain number of hours in a single day to be paid overtime, Montana does not specify a daily overtime limit. Be sure to check your state's specific overtime laws for any exceptions or additional rules. 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. 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