Montana Overtime Laws: Threshold, Rate and Exemptions — Best Proven Guide (2026)

Under Montana overtime laws you earn after 40 hours in a workweek at 1.5 times the regular rate, and no daily overtime in Montana — only the weekly total counts. The minimum wage is $10.85 (businesses with sales over $110,000). This guide gives the exact montana overtime laws rule with the date we verified it, the statute, and what to do next.

Rules verified against Montana Department of Labor and Industry, Employment Standards Division on 2026-10-08; confirm the current rule with Montana Department of Labor and Industry, Employment Standards Division or an attorney before you rely on it.

Montana Overtime Laws: The Rules

After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in Montana — only the weekly total counts. The overtime rate is one and a half times your regular rate of pay — the regular rate includes non-discretionary bonuses and shift differentials, not just the base wage.

How to Calculate Overtime Under Montana Overtime Laws

Take your total pay for the week, divide by the hours you worked to get the regular rate, and multiply the overtime hours by 1.5 times that rate. A worker paid $10.85 an hour who works 48 hours in a 40-hour state is owed 8 hours at time and a half.

Salary does not mean exempt: a salaried worker below the exemption tests still gets overtime on the hours over the threshold.

Montana Overtime Laws at a Glance

Rules verified against Montana Department of Labor and Industry, Employment Standards Division on 2026-10-08; confirm the current rule with Montana Department of Labor and Industry, Employment Standards Division or an attorney before you rely on it. The statute row is where to check it yourself.

Who Is Exempt From Montana Overtime Laws

Montana generally exempts salaried executives, administrators and professionals who meet both a salary test and a job-duties test, along with outside salespeople. Montana generally follows the federal rule here: being paid a salary alone does not make a worker exempt, because the job duties have to qualify too. Confirm how your job is classified with the agency.

Daily Overtime and Montana Overtime Laws

Montana has no daily overtime rule: a 12-hour day in a 36-hour week earns no premium, because only the weekly total counts. Private employers in Montana generally cannot give comp time instead of paying overtime. Comp time is generally limited to public employers.

Is Overtime Taxed Differently Under Montana Overtime Laws?

No — overtime is ordinary wages and is taxed at the same income-tax rates as the rest of your pay; it can push more of your pay into a higher withholding bracket on one check, but the annual tax rate does not change. For tipped workers, overtime is figured on the full minimum wage, not the reduced cash wage.

How to Claim Unpaid Overtime Under Montana Overtime Laws

A Montana worker owed overtime can generally file a wage claim with the Wage and Hour Unit of the Montana Department of Labor & Industry’s Labor Standards Bureau, using the state’s wage claim form, or can go to the U.S. Department of Labor’s Wage and Hour Division instead.

Montana sets a strict deadline that starts when the unpaid wages were due, so most workers do best to file soon and keep pay stubs and records of their hours. Confirm the current form and filing period with the agency.

Other Montana Overtime Laws Rules to Know

Montana exempts some jobs that federal law does not, such as guides, cooks, camp tenders and livestock handlers who work for licensed outfitters. Montana also generally requires final wages to be paid on a set schedule after a job ends.

Frequently Asked Questions

When do I get overtime under Montana overtime laws?

After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in Montana — only the weekly total counts.

What is the overtime rate in Montana?

One and a half times your regular rate of pay, which includes non-discretionary bonuses and shift pay.

Does Montana have daily overtime?

No daily overtime in montana — only the weekly total counts.

Can my employer give comp time instead of overtime pay in Montana?

Private employers in Montana generally cannot give comp time instead of paying overtime. Comp time is generally limited to public employers.

How do I claim unpaid overtime in Montana?

A Montana worker owed overtime can generally file a wage claim with the Wage and Hour Unit of the Montana Department of Labor & Industry’s Labor Standards Bureau, using the state’s wage claim form, or can go to the U.S.

Official Montana Sources & Resources

• Montana Department of Labor and Industry, Employment Standards Division: https://erd.dli.mt.gov/labor-standards/
• Montana statute: https://archive.legmt.gov/bills/mca/title_0390/chapter_0030/part_0040/section_0050/0390-0030-0040-0050.html
• Verified source: https://www.dol.gov/agencies/whd/minimum-wage/state
• U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov

This montana overtime laws guide was last verified against official Montana sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.

More Montana Workplace Rights Guides

• Montana Break Laws: Meal and Rest Breaks
• Montana Final Paycheck Law: Deadlines and Penalties
• Montana Labor Laws: Every Rule in One Place
• Montana Unemployment Benefits: How Much and How Long
• Unemployment and Workplace Rights Guides for All 50 States

Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.