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State law in effect

Montana overtime.

Montana layers its own overtime rules on top of the federal FLSA baseline.

State code

MT

Weekly OT

40

hrs

Daily OT

—

Double time

—

Min wage

$10.55

/hr

The rules

How Montana calculates overtime.

Weekly overtime

Hours over 40 per workweek paid at 1.5×

Daily overtime

Not required by state law

Double time

Not required by state law

7th consecutive day

No special rule

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The weekly timesheet automatically applies MT rules.

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Exemptions

Who's outside the rules

These categories of employees may be exempt from the overtime requirements above:

01

Executive, administrative, and professional employees

Important notes

Montana follows federal weekly overtime rules.

Where to file a claim

Montana Department of Labor and Industry

Phone

(406) 444-2840

Website

https://dli.mt.gov

Economy & workforce

Montana at a glance

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.

Where overtime happens

Industries with frequent overtime

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.

Common questions

Montana overtime FAQ

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.

Step by step

Filing a wage claim in Montana

If you believe you're owed unpaid overtime, here's what to do — in order.

1

Try to resolve the issue through your employer's internal dispute resolution process if available

2

Download the wage claim form from the Montana Department of Labor and Industry website or get one from a Job Service Office

3

Complete the form with detailed information about unpaid wages and submit it to the Compliance and Investigations Bureau

4

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

Worth knowing

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.

For general education only. Overtime law changes and has exceptions not listed here. For a specific situation, talk to your employer's HR department, the Montana Department of Labor, or an employment attorney.

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Estimates only. Not legal advice. Always confirm with HR, your state Department of Labor, or an employment attorney.