Montana Overtime Pay Law

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.