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Montana Overtime Pay Law

Filed under Office & HR.

Employers in Montana must conform with these state rules regarding overtime pay for employees.

In Montana, work in excess of 40 hours a week must be compensated at a rate of at least one and one-half the regular hourly wage rate.

Exemptions From the General Overtime Provisions

Overtime pay exclusions exist for:

  • farm workers
  • resident managers employed in lodging establishments or personal care facilities who, under the terms of their employment, live in the establishment or facility
  • students in distributive education programs
  • people performing menial chores at private homes
  • child care for a head of household
  • employers' family members
  • volunteers for nonprofit organizations
  • handicapped workers
  • 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
  • retired or semiretired persons doing incidental work as a condition of residence on a farm or ranch
  • bona fide executive, administrative and professional employees
  • direct sellers
  • participants in certain welfare-to-work programs
  • interstate motor carriers
  • railroad, express company, pipeline and water carrier employees covered by Part I of the Interstate Commerce Act
  • outside buyers of poultry and dairy products
  • vehicle salespersons, partspersons and mechanics
  • drivers or drivers' helpers making local deliveries
  • agricultural workers
  • employees at country elevators
  • taxicab drivers
  • certain houseparents and foster parents
  • employees of forestry or logging operations and guidepersons employed by licensed outfitters as guides, cooks, camp tenders or livestock handlers
  • certain outside salespersons
  • public safety employees
  • retail employees paid a commission plus at least 1 1/2 times the minimum wage
  • radio employees in smaller towns

Recreation seasonal workers. Students employed at seasonally-run recreation or amusement areas who are furnished with board, lodging or other facilities must be paid at least one and one-half times the regular hourly rate for work in excess of 48 hours in a workweek.

Health care employers. Covered employers must pay eligible employees who work in excess of eight hours a day or 80 hours in a 14-day period at a rate of at least one and one-half times their hourly wage rate.

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