Belgrade beats the Montana average by 11.3%, and Miles City furthers that trend with another $9,056 (25.0%) above the $36,238. However, if an individual employee of such a business is producing or moving goods between states or is otherwise covered by the Fair Labor Standards Act, that employee must be paid the greater of either the federal minimum wage or Montana's minimum wage. Topping the list is Miles City, with Helena and Belgrade close behind in second and third. Under this pay agreement, their regular rate will vary when they work overtime. q) An employee of a seasonal nonprofit establishment that is an organized camp or religious or educational conference center. Parents who work at the same employer are able to split the 12 weeks between them. "Declaration of Policy. m) A direct seller as defined in 26 U.S.C. Stay up-to-date with how the law affects your life, Name 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. 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. Law Degree Salaries in Montana Salary estimated from 170 employees, users, and past and present job advertisements on Indeed in the past 36 months. 181, et seq., whose hours worked in excess of 40 hours in a workweek were not required by the air carrier but were arranged through a voluntary agreement among employees to trade scheduled work hours. Records of the facilities furnished must be kept in accordance with regulations. c) An individual employed as an outside buyer of poultry, eggs, cream, or milk in their raw or natural state. The Compliance and Investigations Bureau enforces provisions of the Montana Wage Payment Act, minimum wage and overtime law, Public Contracts / Prevailing Wage Law and the State Child Labor Standards Act. (1) Except as provided in subsections (2) and (3), every employer of labor in the state of Montana shall pay to each employee the wages earned by the employee in lawful money of the United States or checks on banks convertible into cash on demand at the full face value of the checks, and a person for whom labor has been performed may not withhold from any employee any wages earned or unpaid for a longer period than 10 business days after the wages are due and payable, except as provided in 39-3-205. p) An employee of a hospital or other establishment primarily engaged in the care of the sick, disabled, aged, or mentally ill or defective who is working under a work period not exceeding 80 hours in a 14-day period established through either a collective bargaining agreement when a collective bargaining unit represents the employee or by mutual agreement of the employer and employee when a bargaining unit is not recognized. The current salary …       k) An individual employed by the United States of America. The email address cannot be subscribed. 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. While labor laws don’t require employers to give you paid vacation days or sick days, the Family and Medical Leave Act requires employers to give up to 12 weeks of unpaid leave for certain medical issues. A free inside look at State of Montana salary trends based on 499 salaries wages for 349 jobs at State of Montana. Working 45 hours a week, their earnings come to $395. Therefore, Montana's overtime minimum wage is $12.75 per hour, one and a half times the regular Montana minimum wage of $8.50 per hour. Montana Code section 39-3-406 provides a complete list of exclusions that includes: Montana's wage and hour laws also require employers to pay their employees within the timeframes specified below: Denied Wages in Montana? This "reference guide" to Montana's wage and hours laws provides general information only and should not be considered as an official document. The Montana Minimum Wage Law applies to all workers in Montana. Tip credits aren't allowed for tipped employees in Montana. Under Montana law tips do not count as part of an employee's wage for purposes of the minimum wage. Many states allow employers to require tip pooling or “tipping out.” All employees subject to the pool have to chip in a portion of their tips, which are then divided among a group of employees. (3) If an employee submits a timesheet after the employer's established deadline for processing employee timesheets for a particular time period and the employer does not pay the employee within the 10-day period provided for in subsection (1), the employer may pay the employee the wages due in the ensuing pay period. If there is not an established time period or time when wages are due and payable, the pay period is presumed to be semimonthly in length. "Fact Sheet #17G: Salary Basis Requirement and the Part 541 Exemptions Under the Fair Labor Standards Act (FLSA)." Add a Salary . u) A person employed as a guide, cook, camp tender, outfitter's assistant, or livestock handler by a licensed outfitter as defined in 37-47-101.  Employment in excess of 40 hours in a 7-day, 40-hour work period must be compensated at a rate of not less than 1½ times the hourly wage rate for the employee. Their pay for 40 hours of regular time and 4 hours overtime would total $414 [$360 regular pay + $54 OT pay].) Wage claim forms are available at any Montana Job Service Office or from the Investigation Section. The claims can be for … Employer-furnished facilities: The term "wage" can include the reasonable cost to the employer for furnishing the employee with lodging or other facilities.       n) A person placed as a participant in a public assistance program authorized by Title 53 into a work setting for the purpose of developing employment skills. Are you a legal professional? U.S. Department of Labor. Students employed at amusement or recreational areas that operate on a seasonal basis and furnish the students with board, lodging, or other facilities, People employed by a household to care for children, Students participating in a distributive education program, People with disabilities engaged in work that is incidental to training or evaluation programs, Individuals employed by the United States of America. Salary Laws for Vacation & Sick Days. Salaries posted anonymously by State of Montana employees. Last updated: September 15, 2020. The federal minimum wage is $7.25 per hour. U.S. Department of Labor. Google Chrome, As part of its function the bureau processes claims from employees who did not receive wages in a timely fashion or pursuant to their employment contract. Generally, under Montana Code Ann. For employers with gross annual receipts of $10,000 or less, the minimum wage is $4.00. n) An employee of a sheriff's office who is working under an established work period in lieu of a workweek pursuant to 7-4-2509(1). Whether an employer is covered or exempt under the Montana Minimum Wage Law may require a case-by-case evaluation. Sec. A monthly salary must be multiplied by 12 and the product divided by 52. l) An employee who is employed with the employee's spouse by a nonprofit educational institution to serve as the parents of children who are orphans or one of whose natural parents is deceased or who are enrolled in the institution and reside in residential facilities of the institutions so long as the children are in residence at the institution and so long as the employee and empoyee's spouse reside in the facilities and receive, without cost, board and lodging from the institution and are together compensated, on a cash basis, at an annual rate of not less than $10,000. These state laws must not dip below the federal wage and hour limits outlined in the Fair Labor Standards Act (FLSA).     (b) The employers files a report of the theft with the local law enforcement agency within 7 business days of separation from employment, subject to the following conditions: (i) If no charges are filed in a court of competent jurisdiction against the employee for the alleged theft within 30 days of the filing of the report with a local law enforcement agency, wages are due and payable upon the expiration of the 30-day waiting period. However, Montana law does not allow employers to take a tip credit.     Social Security Number h) Learners under the age of 18 who are employed as farm workers, provided that the exclusion may not exceed a period of 180 days from their initial date of employment and further provided that during this exclusion period, wages paid the learners may not be less than 50% of the minimum wage rate established in this part. Their regular rate of pay for the week was $8.77 ($395 ÷ 45). 213, when the person providing the service is employed directly by a family member or an individual who is legal guardian. w) An employee of the consolidated legislative branch as provided in 5-2-503. Unless specifically exempt by Montana law, all employees must be paid at least one-and-one-half times the employee's regular rate of pay for all hours worked in excess of 40 hours in a work week (1.5 x$ = $). A free inside look at Montana's salary trends based on 75 salaries wages for 32 jobs at Montana's. Under Montana law, an employer may make deductions from employees' wages for: For a Limited Time receive a FREE HR Report on the "Critical HR Recordkeeping”. a) Students participating in a distributive education program established under the auspices of an accredited educational agency.     Hours worked each work day and total hours worked each work week www.mtwagehourbopa.com. Sec. PO Box 201503 SALARY RATE-Current, thru end of Dec., 2020 - $92.46/day (Equivalent to $11.56/hr) Effective Jan. 4, 2021 (upon being sworn in) - $100.48/day (Equivalent to $12.56/hr) The median salary earned by U.S. governors was $129,962. 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. 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. Employment in excess of 8 hours a day or 80 hours in a 14-day period must be compensated for at a rate of not less than 1½ times the hourly wage rate for the employee. Montana's wage and hour laws also require employers to pay their employees within the timeframes specified below: If the employee is still employed : 10 business days after the end of the pay period. The Montana Highway Patrol offers a competitive salary and an excellent benefit package to troopers: Salary: Recruits are paid $19.45 per hour while they attend the Law Enforcement Officer Basic Course and the MHP Advanced Traffic Enforcement Course.     Regular hourly rate of pay and length of pay period 206, and if more than half of the employee's compensation for a period of not less than 1 month is derived from commissions on goods and services. The federal minimum wage is $7.25 per hour.     Total wages paid each pay period 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. The North Dakota governor topped the list with a salary … Salary estimated from 622 employees, users, and past and present job advertisements on Indeed in the past 36 months. Popular Jobs Average Salary Salary Distribution; Director. It is declared to be the policy of this Act to (1) establish minimum wage and overtime compensation standards for workers at levels consistent with their health, efficiency, and general well-being; (2) safeguard existing minimum wage and overtime compensation standards adequate to maintain the health, efficiency, and general well-being of workers against the unfair competition of wage and hour standards that do not provided such adequate standards of living, and (3) sustain the purchasing power and increase employment opportunities.". Their regular rate of pay is $375 ÷ 40 hours, or $9.38 an hour. (406) 444-6543 The state minimum wage is $8.65 per hour. On the other end, a senior level law enforcement officer (8+ years of experience) earns an average salary of $75,621. Service charges, if imposed by a business engaged into the food, beverage or lodging industry, belongs to the employee. 39-3-205 MCA. The following employees are exempt from the overtime provisions of Montana statute: a) An employee with respect to whom the United States secretary of transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of 49 U.S.C. An employer may not withhold payment of the employee's wages beyond the next ensuing pay period. Montana Legislator Compensation.        v) An employee employed as a radio announcer, news editor, or chief engineer by an employer in a second-or-third class city or town.       o) A person serving as a foster parent, licensed as a foster care provider in accordance with 52-2-621, and providing care without wage compensation to no more than six foster children in the provider's own residence. 10501 and 49 U.S.C. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Meals may not be used to make up any part of an employee's wage. As of 2008, the salary of Montana's governor ranked 42nd among U.S. governors' salaries. Her main duties must be office or non-manual work linked directly to management, business operations, or customers. If you have a question as to the application of the law to any worker, write or call the Wage and Hour unit. Both the employee and the employer can be represented by counsel. (3) When an employee is discharged by reason of allegation of theft of property or funds connected to the employee's work, the employer may withhold from the employee's final paycheck an amount sufficient to cover the value of the theft if: (a) The employee agrees in writing to the withholding; or § 39-3-205, an employer must immediately issue a final paycheck to a terminated employee, within four (4) hours or the end of the business day, whichever occurs first, unless the employer has a preexisting written policy to the contrary. 39-3-204 MCA. 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. (Example: An employee is paid $9.00 an hour. Regular rate: The "regular rate" can be more than the minimum wage; it cannot be less. (2) Except as provided in subsection (3), when an employee is separated for cause or laid off from employment by the employer, all the unpaid wages of the employee are due and payable immediately upon separation unless the employer has a written personnel policy governing the employment that extends the time for payment of final wages to the employee's next regular payday for the pay period or to within 15 days from the separation, whichever occurs first. 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. More importantly, how do they stay there? Reasonable cost is not more than the actual cost to the employer and does not include a profit for the employer or others. Copyright © 2020, Thomson Reuters. Salaries: The regular rate for an employee who is paid a salary for a specified number of hours a week is arrived at by dividing the weekly salary by the number of hours worked. For employers with gross annual receipts of $10,000 or less, the minimum wage is $4.00. However, employers not covered by the FLSA whose gross annual sales are $110,000 or less are allowed to pay their employees $4.00 per hour. Montana state law requires that an employee who is fired must be paid owed wages on the same day. The state minimum wage is $8.65 per hour. 31502. Montana's minimum wage and overtime laws cover all jobs that are exempt under federal law. The exclusion does not apply to an employment relationship formed in the work setting outside the scope of the employment skills activities authorized by Title 53. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. f) Persons with disabilities engaged in work that is incidental to training or evaluation programs or whose earning capacity is so severely impaired that they are unable to engage in competitive employment.     Total daily or weekly straight-time earnings Internet Explorer 11 is no longer supported. Hours worked: Any employee subject to the Montana Minimum Wage Law must be paid in accordance with its provisions for all hours worked during the work week. Helena MT 59620-1503 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. Payment of wages when employee is separated from employment prior to pay day -- exceptions: We’ve identified 9 cities where the typical salary for a Law Enforcement Officer job is above the average in Montana. Inquiries about the Montana Minimum Wage laws and other Montana labor laws and their application will be answered by mail, telephone or personal interview at the: Department of Labor and Industry Employer Support of the Guard and Reserve, Employer Legal Information Resource Guide, HIPAA and Release of Workers' Compensation Information, Search Montana's Certificate and Associate Degree Programs, All Insurers & Medical Providers Services, Electronic Prior Claim (EPC) History System, Historic WC Medical Reimbursement Conversion Factors, Historical Fee Schedule Conversion Factors for 2003-2007, Workers' Compensation Claim Reporting by Insurers, Insurers - Third Party Administrators Reporting Forms, Filing a Wage Claim, Instructions and Form, Montana Military Service Employment Right Act (MMSERA), Introduction to the Montana Safety Culture Act, Montana Occupational Safety and Health Act, Clinical Laboratory Science Practitioners, Elevator Contractors, Mechanics, and Inspectors Licensing Program, Private Alternative Adolescent Residential or Outdoor Programs, Provider Orders for Life Sustaining Treatment, Speech-Language Pathologists and Audiologists. 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