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Montana Minimum Wage Law

Filed under Office & HR.

Employers in Montana must conform with these state rules regarding the minimum wage paid to employees.

Effective January 1, 2014, the minimum wage rate in Montana is $7.90 per hour ($7.80 per hour for 2013; $7.65 per hour for 2012).

The minimum wage rate for businesses whose annual gross sales are $110,000 or less is $4.00 per hour. However, if an employee is producing or moving goods between states or otherwise covered by the federal Fair Labor Standards Act (FLSA), the employee must be paid the greater of either Montana's state minimum wage or the federal minimum wage.

Montana's minimum wage law covers employees except:

  • students in distributive education programs under the auspices of accredited educational agencies
  • persons employed in private homes whose duties are menial in nature, persons employed in households to care for children dependent on the head of the household, members of the immediate family of an employer or dependent upon an employer
  • volunteers of nonprofit organizations who are not regular employees
  • handicapped workers in training programs or who are so impaired as to be unable to engage in competitive employment
  • learners or apprentices for a period of up to 30 days after employment or those learners under 18 employed as farm workers (their exclusion may not exceed 180 days and the wage paid must be at least 50 percent of the minimum), retired or semi-retired workers performing incidental farm work
  • individuals employed as executives, administrators or professionals
  • employees of the United States
  • resident managers employed in lodging establishments or personal care facilities
  • outside salespersons or marketing representatives paid on commission, contract or salary basis who are employed by the food distribution industry for a broker, wholesaler or association
  • direct sellers
  • participants in certain public assistance programs

Those employed in an outside sales capacity pursuant to federal law are exempt from the minimum wage requirements.

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