Minimum Wage $10.85 PER HOUR
As of January 1, 2026, Montana's minimum wage is $10.85 per hour. The state minimum wage is adjusted each year based on inflation, so the rate may change from year to year.
Montana does not allow a tip credit for covered employees. Tipped workers generally must be paid the full Montana minimum wage before tips. A limited lower $4.00 minimum wage may apply only to certain small businesses that are not covered by the FLSA.
Overtime Laws 1.5X RATE
Most non-exempt Montana employees must receive overtime at one and a half times their regular rate for hours worked over 40 in a workweek. At Montana's $10.85 minimum wage, that equals $16.28 per hour.
Overtime is calculated by workweek. Working more than eight hours in one day does not automatically create overtime if total hours for the week do not exceed 40. Bonuses, commissions, and other pay may need to be included when calculating the regular rate.
Meal & Rest Breaks NO MANDATE
Montana does not generally require employers to provide meal or rest breaks for adult employees. Break rights may still come from an employment agreement, collective bargaining agreement, or workplace policy.
When an employer provides short rest breaks, those breaks are usually paid. A meal period may be unpaid only when the employee is fully relieved of duty and the time qualifies as a bona fide meal period.
Final Paycheck 15 DAYS
When a Montana employee quits, wages are due by the next scheduled payday for the pay period in which the employee separated, or within 15 calendar days, whichever comes first.
When an employee is laid off or discharged, unpaid wages are generally due immediately unless the employer has a written personnel policy that extends payment to the next regular payday or within 15 days, whichever comes first.
Filing a Claim 2 YEAR WINDOW*
Montana workers may file certain unpaid wage claims with the Montana Department of Labor & Industry or pursue a claim in court. Claims may involve unpaid wages, overtime, final paychecks, vacation pay, commissions, earned bonuses, or other earned compensation.
Montana wage claims may recover wages for a lookback period of two years in many cases. Federal FLSA minimum wage and overtime claims generally have a two-year limitations period, extended to three years for willful violations.
Employee Misclassification COMMON VIOLATION
Some Montana employers label workers as independent contractors or exempt employees to avoid paying overtime, payroll taxes, or other wage obligations. A job title, contract, or salary does not automatically decide whether wage protections apply. The actual working relationship, economic realities, and day-to-day duties matter.
This article is provided for informational and educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Josephson Dunlap LLP. Wage and hour laws vary by state, and the application of these laws depends on the specific facts of each situation. The figures and information cited above are current as of the date of publication and are subject to change. Prior results in other matters do not guarantee or predict a similar outcome in any future matter. If you believe your wages were not paid correctly, consult a qualified, licensed employment attorney.
Think You May Be Owed Back Wages?
Josephson Dunlap reviews wage claims for Montana workers at no cost. There is no fee unless wages are recovered. A case manager will go through your situation and tell you where you stand.