Montana Overtime Laws
Montana has its own overtime laws in addition to federal FLSA requirements.
Weekly OT Threshold
40 hrs
Daily OT Threshold
None
Double Time
No
Minimum Wage
$10.55
Overtime Rules
| Weekly Overtime | Hours over 40 in a workweek paid at 1.5x |
| Daily Overtime | Not required by state law |
| Double Time | Not required by state law |
| 7th Consecutive Day | No special rule |
Exemptions
The following categories of employees may be exempt from overtime requirements:
Executive, administrative, and professional employees
Important Notes
Montana follows federal weekly overtime rules.
State Labor Department
Montana Economy and Workforce
Montana's economy grew by 2.4% in 2024, with a real GDP of $58.5 billion. While job growth of 1.5% ranked in the top five states, the economy faced challenges in resource-based industries. Healthcare, construction, and professional services are the primary growth drivers.
Industries with Common Overtime
These Montana industries frequently involve overtime work situations:
Healthcare
Healthcare is Montana's largest employing industry and added the most jobs in 2024. Nurses, aides, and medical staff frequently work overtime due to rural healthcare demands and staffing shortages.
Construction
Montana ranks 4th nationally for construction growth over the past five years. Construction workers commonly work overtime during favorable weather seasons and to meet project deadlines.
Hospitality and Tourism
Tourism workers at Montana's national parks, ski resorts, and dude ranches often work extended hours during peak vacation seasons.
Mining and Energy
Montana's coal, oil, and gas industries offer some of the highest-paying jobs in the region, with workers often logging overtime hours during extraction operations.
Frequently Asked Questions
Montana law requires overtime pay at 1.5 times your regular hourly rate for all hours worked over 40 in a workweek. With the 2025 minimum wage at $10.55 per hour, the minimum overtime rate is $15.83 per hour.
Montana exempts agricultural workers, students at seasonal amusement establishments (though they must receive overtime after 48 hours), licensed outfitter employees, certain radio/TV advertising salespeople, and computer professionals earning at least $27.63 per hour.
You can file a wage claim with the Montana Department of Labor and Industry's Compliance and Investigations Bureau. Download the claim form from their website or obtain one from any Montana Job Service Office. You have 2 years to file, or 3 years for willful violations.
How to File a Wage Claim in Montana
If you believe you are owed overtime pay, follow these steps:
Try to resolve the issue through your employer's internal dispute resolution process if available
Download the wage claim form from the Montana Department of Labor and Industry website or get one from a Job Service Office
Complete the form with detailed information about unpaid wages and submit it to the Compliance and Investigations Bureau
If your employer does not respond, the Department can issue a default order. Otherwise, a hearing may be held to determine if wages are owed
Important Montana Consideration
Montana has one of the strongest wrongful discharge laws in the nation. The Montana Wrongful Discharge from Employment Act protects most employees from being fired without good cause after completing a probationary period. This provides additional protection for workers who report overtime violations, as termination for filing a wage claim would likely violate this law.
Disclaimer: This information is provided for general educational purposes only and should not be considered legal advice. Overtime laws can change and may have exceptions not listed here. For specific situations, consult with your employer's HR department, the state labor department, or an employment attorney.