The state minimum wage is subject to a cost-of-living adjustment based on the Consumer Price Index no later than September 30th of each year, which becomes effective January 1st of the following year. The placement may be with either a public or private employer. Worker coverage, compliance with the wage payment requirements and application of most exemptions are determined on an individual work week basis. When they work overtime, they will be entitled to one-and-one-half times (1.5 X) the $9.38, or $14.07 for each hour more than 40 hours.). State and federal laws regarding wages and hours worked are meant to protect workers from exploitation. Montana labor law regarding breaks states that a meal is required for workers if an employee completes a 5 hour shift; if a 5-hour shift is completed, the worker must be given at least a 30-minute meal period. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. s) An employee of a department of public safety working under a work period established pursuant to 7-32-115. Service charges, if imposed by a business engaged into the food, beverage or lodging industry, belongs to the employee. If a salary is paid on other than a weekly basis, the weekly pay must be determined in order to compute the regular rate and overtime. In general, "hours worked" includes the time an employee must be on duty or on the employer's premises or at other designated places of work as well as additional time they are required or permitted to work for the employer. Accessed June 21, 2020. Overtime pay provisions do not apply for farm workers under Montana statute. q) An employee of a seasonal nonprofit establishment that is an organized camp or religious or educational conference center. 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. They can be paid the state minimum wage per hour or paid on a monthly basis of $635. 3. Commissions, monthly salary and hourly wages all are considered a part of the employee's regular rate. In addition to the regular rate, the employee is entitled to $4.39 (½ their regular rate) for each hour worked over 40 -- or five times $4.39 for the five overtime hours. Regular hourly rate of pay and length of pay period c) An individual employed as an outside buyer of poultry, eggs, cream, or milk in their raw or natural state. 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. "Fact Sheet #17G: Salary Basis Requirement and the Part 541 Exemptions Under the Fair Labor Standards Act (FLSA)." We’ve identified 9 cities where the typical salary for a Law Enforcement Officer job is above the average in Montana. Montana Legislator Compensation. All rights reserved. f) A salesperson paid on a commission or contract basis who is primarily engaged in selling advertising for a radio or television station employer. Parents who work at the same employer are able to split the 12 weeks between them. Sections 39-3-401 to 39-3-409 provide for minimum wage and hours for workers in the State of Montana, delegating to the Commissioner of Labor and Industry the duty of administering the Act, and providing enforcement. This article outlines Montana's main wage and hour laws. d) Immediate members of the family of an employer or persons dependent upon an employer for half or more of their support in the customary sense of being a dependent. If the employee is found not guilty or if the employer withholds an amount in excess of the value of the theft, the court may order the employers to pay the employee the withheld amount plus interest. www.mtwagehourbopa.com. (Prior approval required.) Employers may want to write/phone the Employment Relations Division to determine whether their business or farm is covered under state or federal wage and hour law. 3508. 213, when the person providing the service is employed directly by a family member or an individual who is legal guardian. For example, to qualify for exempt status, an administrative employee must receive a minimum salary of $455 per week. Employees are entitled to the full state minimum wage per hour, regardless of how much they make in tips. An employee's regular rate includes all payments made by the employer to or on behalf of the employee. However, seasonal recreation workers receiving room … Employees covered by the Fair Labor Standards Act must be paid at least the federal minimum wage but in no case can they be paid less than the wage required by Montana law -- unless the law provides for a specific exemption. If the salary is for a half-month, it must be multiplied by 24 and the product divided by 52 weeks to get the weekly equivalent. 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. The facilities furnished must be kept in accordance with regulations at the same employer are to! 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