Knowledge — 2 years ago

Montana Employment Law Explained in Full

by Roni G.

Montana Employment Law, Montana Employment Laws

Montana Employment Laws: What are Employment Laws in Montana?

When you work anywhere in the United States, there are several laws which address the rights of the employees. However, due to the varying nature of rules and regulations in every state, it is essential to know what applies to you. Here are the employment laws for the state of Montana:

Credit check in Montana
According to the rules in Montana, your employer can’t obtain your credit history, without your written authorization. The company has to make a separate document, which only talks about why they need this information. Also, the employer must give you a summary of your consumer rights, along with the credit history copy, before making any decision regarding your employment status.

Drug testing in Montana
As per the Workforce Drug and Alcohol Testing Act, your employer can conduct an alcohol and drug test in specific jobs. For instance, if your employment involves working in hazardous conditions, or you have fiduciary, security, or safety duties, your company can conduct one.

Montana Employment Law

Equal pay in Montana
Irrespective of your gender, the employer should pay the same wages, when you do the same amount of labor or work in your office.

Legal holidays in Montana
If you work for the state or federal government, you will receive a paid day off, during a legal holiday. Montana employment laws make it clear that if this occasion falls on a Sunday, you will get leave on Monday.

Part-time employees are also applicable to receive legal holidays as day offs, as per the law. For private employers, it isn’t necessary for them to provide leave. While overtime pay doesn’t apply in this situation, it will come into effect if you work beyond the standard laws for the same. However, if the employer decides to provide unpaid or paid holiday, they must comply with the terms and conditions of the employment contract.

Meals and breaks in Montana
There are no laws in the state of Montana, which states that employers must provide breaks or meal periods when you are an employee. In this situation, federal rules and regulations will come into play, to govern this aspect of employment.

Should the employer provide a meal break, they should pay you, if it is less than 20 minutes. However, if it extends beyond 30 minutes, the company doesn’t need to do so, as long as you have the freedom to do anything during that time.

Montana Employment Laws

Minimum wages in Montana
The latest laws in Montana dictate that employees who fall under the nonexempt category must receive a minimum wage of $8.50 for every hour. However, this condition only holds if the company’s gross annual sales receipts are over $110,000 annually. 

When the gross annual sales receipts are $10,000 or lower for the employer, Montana’s Department of Labor states that the minimum wage is $4.00 per hour.

Overtime in Montana
If you work for over 40 hours during a week, Montana’s employment laws state that you should receive overtime compensation. The amount you will get is equal to 1½ times your wages, for every additional hour you put in during that work week.

However, there are exceptions, where you will not receive overtime compensation from your employer. For example, if you are a student working in a recreational facility or amusement area, which only operates on specific seasons, you fall under this category. However, the employer should provide amenities such as lodging or boarding.

At the same time, people employed to take care of children, the United States of America staff and direct sellers fall in the list of exceptions.

Severance pay in Montana
The state of Montana makes it clear that it isn’t necessary for your employer to provide severance pay. However, if the company mentions it in your contract, they must fulfill the terms and conditions.


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