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Montana Employment Law: Wages, Final Pay, Breaks and Your Rights at Work

Montana employment law: minimum wage, overtime, breaks, final paycheck deadlines, PTO payout, sick leave, at-will exceptions and where to file a wage claim.

Quick answers for Montana

Minimum wage
$10.85 per hour in 2026. A business not covered by the federal Fair Labor Standards Act with gross annual sales of $110,000 or less may pay $4.00 per hour, but employees individually covered by federal law must get the higher state or federal rate. Montana Department of Labor and Industry, State Minimum Wage
Final paycheck if fired or laid off
If an employee is fired for cause or laid off, final wages are due immediately, unless the employer has a written policy allowing payment by the next regular payday or within 15 days, whichever comes first. MCA 39-3-205(2)

Last verified: 2026-10-26

Pay

Minimum wage$10.85 per hour in 2026. A business not covered by the federal Fair Labor Standards Act with gross annual sales of $110,000 or less may pay $4.00 per hour, but employees individually covered by federal law must get the higher state or federal rate.
Scheduled increase: $11.20 per hour on January 1, 2027.
Source: Montana Department of Labor and Industry, State Minimum Wage
Tipped minimum wageNo tip credit is allowed. Tipped employees must be paid the full state minimum wage plus their tips. Meal credits and training wages are also not allowed.
Source: Montana Department of Labor and Industry, State Minimum Wage
Overtime1.5 times the hourly rate for hours over 40 in a workweek. Farm workers are excluded; students at seasonal amusement or recreation areas who receive board and lodging get overtime after 48 hours.
Source: MCA 39-3-405
How often you must be paidWages may not be withheld more than 10 business days after they are due. If no pay period has been set, the pay period is presumed to be semimonthly.
Source: MCA 39-3-204

Leaving a job

Final paycheck if fired or laid offIf an employee is fired for cause or laid off, final wages are due immediately, unless the employer has a written policy allowing payment by the next regular payday or within 15 days, whichever comes first.
Source: MCA 39-3-205(2)
Final paycheck if you quitFinal wages are due by the next regular payday for the pay period in which the employee left, or within 15 days of leaving, whichever comes first.
Source: MCA 39-3-205(1)
Unemployment benefitsMontana Department of Labor and Industry, Unemployment Insurance Division. File a claim online through the MUSE Claimant Center.
Source: Montana UI Claimant Center (MUSE)

Firing, retaliation and discrimination

At-will employment and exceptionsMontana is not a pure at-will state. After an employee finishes the employer's probationary period, a firing is wrongful if it is not for good cause, is retaliation for refusing to violate or reporting a violation of public policy, materially violates the employer's written personnel policy, or is based solely on legal free speech. During probation, either side may end employment for any reason. A lawsuit must be filed within 1 year of the discharge.
Deadline: https://archive.legmt.gov/bills/mca/title_0390/chapter_0020/part_0090/section_0110/0390-0020-0090-0110.html
Source: MCA 39-2-904; MCA 39-2-911 (Wrongful Discharge from Employment Act)
Whistleblower and retaliation protectionFiring an employee in retaliation for refusing to violate public policy or for reporting a violation of public policy is a wrongful discharge. Claims must be filed within 1 year of the discharge, after using any written internal appeal procedure.
Source: MCA 39-2-904(1)(a); MCA 39-2-911
Job discrimination complaintsMontana Human Rights Bureau (Department of Labor and Industry). The Montana Human Rights Act covers employers of 1 or more persons. A complaint must be filed within 180 days of the discriminatory act (longer in some cases where a grievance procedure was used first).
Employer definition: https://archive.legmt.gov/bills/mca/title_0490/chapter_0020/part_0010/section_0010/0490-0020-0010-0010.html
Source: MCA 49-2-501; MCA 49-2-101(11)
Non-compete agreementsMontana law says any contract that restrains someone from a lawful profession, trade or business is void to that extent, except agreements tied to the sale of a business's goodwill or the dissolution of a partnership.
How this statute applies to a particular employee agreement depends on the facts; see a lawyer.
Source: MCA 28-2-703

Where to get help in Montana

Employment Law FAQ

What is the minimum wage in Montana?
$10.85 per hour in 2026. A business not covered by the federal Fair Labor Standards Act with gross annual sales of $110,000 or less may pay $4.00 per hour, but employees individually covered by federal law must get the higher state or federal rate.
What is the tipped minimum wage in Montana?
No tip credit is allowed. Tipped employees must be paid the full state minimum wage plus their tips. Meal credits and training wages are also not allowed.
What are the overtime rules in Montana?
1.5 times the hourly rate for hours over 40 in a workweek. Farm workers are excluded; students at seasonal amusement or recreation areas who receive board and lodging get overtime after 48 hours.
When do I get my final paycheck if I'm fired in Montana?
If an employee is fired for cause or laid off, final wages are due immediately, unless the employer has a written policy allowing payment by the next regular payday or within 15 days, whichever comes first.
When do I get my final paycheck if I quit in Montana?
Final wages are due by the next regular payday for the pay period in which the employee left, or within 15 days of leaving, whichever comes first.
How often must employees be paid in Montana?
Wages may not be withheld more than 10 business days after they are due. If no pay period has been set, the pay period is presumed to be semimonthly.
Is Montana an at-will employment state?
Montana is not a pure at-will state. After an employee finishes the employer's probationary period, a firing is wrongful if it is not for good cause, is retaliation for refusing to violate or reporting a violation of public policy, materially violates the employer's written personnel policy, or is based solely on legal free speech. During probation, either side may end employment for any reason. A lawsuit must be filed within 1 year of the discharge.
Is it illegal to fire someone for reporting a violation in Montana?
Firing an employee in retaliation for refusing to violate public policy or for reporting a violation of public policy is a wrongful discharge. Claims must be filed within 1 year of the discharge, after using any written internal appeal procedure.
Where do I file a job discrimination complaint in Montana?
Montana Human Rights Bureau (Department of Labor and Industry). The Montana Human Rights Act covers employers of 1 or more persons. A complaint must be filed within 180 days of the discriminatory act (longer in some cases where a grievance procedure was used first).
Are non-compete agreements enforceable in Montana?
Montana law says any contract that restrains someone from a lawful profession, trade or business is void to that extent, except agreements tied to the sale of a business's goodwill or the dissolution of a partnership.
How do I apply for unemployment in Montana?
Montana Department of Labor and Industry, Unemployment Insurance Division. File a claim online through the MUSE Claimant Center.

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More Montana law

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.