Minimum Wage and Overtime
MCA 39-3-405 — overtime after 40 hours in a workweek, and a minimum wage tied to the cost of living each year
An employer pays each employee at least the minimum wage the commissioner sets. It is the greater of the federal minimum wage or the state figure, not counting tips, and the state figure is adjusted each year by the consumer price index, effective January 1.
Who handles this in Montana: Montana Employment Standards Division; and legal aid programs, lawyer referral and the state offices, listed in the Montana directory.
No employee works more than 40 hours in a workweek unless paid at least one and a half times the regular hourly rate for the hours over 40. Overtime does not apply to farm workers.
The small business rate. A business whose annual gross sales are $110,000 or less pays a minimum wage of $4 an hour, unless federal law requires more.
Sources for this section (3)
- MCA 39-3-404 — Minimum wage
- MCA 39-3-405 — Overtime compensation
- MCA 39-3-409 — Adoption of minimum wage rates -- exception
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.