Montana . Wage & Hour . Updated April 2026

Montana mirrors federal FLSA 1.5x overtime with distinct exemptions.

Montana's overtime law largely aligns with the federal Fair Labor Standards Act (FLSA), requiring 1.5 times the regular rate of pay for hours worked over 40 in a workweek. However, the state introduces specific exemptions, notably for employers with three or fewer employees. Additionally, Montana mandates a semi-monthly pay frequency and requires detailed wage statements.

OT Threshold
40 hours/week
Pay Frequency
Semi-monthly
Minimum Wage (2026)
$10.85/hour
Active

MT Overtime and Pay Frequency

Ensures proper overtime calculation for non-exempt employees and adherence to semi-monthly pay periods.

OT exemption for small employers
Semi-monthly pay required
Always running

What those rules do as a Montana shift is created.

Teambridge automatically applies Montana's overtime rules and ensures compliance with pay frequency requirements, flagging any potential issues before they become problems.

Small Employer OT Exemption

For businesses with three or fewer employees, Montana's overtime rules do not apply. Teambridge recognizes this exemption and ensures that overtime is not automatically calculated for these specific employers.

Semi-Monthly Pay Frequency Check

Teambridge monitors pay period configurations to ensure that all non-exempt employees are paid at least semi-monthly, flagging any schedules that fall outside this requirement.

Automatic Overtime Calculation

For all other employers, Teambridge automatically calculates time-and-a-half (1.5x) for all hours worked over 40 in a workweek, ensuring accurate payroll and compliance with MCA 39-3-405.

Get Montana compliance on autopilot.

Stop worrying about ever-changing state labor laws. Teambridge handles it for you.

The rule, plainly stated

Montana aligns with federal overtime, requires semi-monthly pay.

Montana's overtime regulations largely mirror the federal FLSA, mandating premium pay for hours exceeding 40 per week. However, the state introduces a notable exemption for very small employers. Furthermore, Montana establishes specific requirements for pay frequency and wage statements, designed to protect employee compensation transparency.

MCA 39-3-405 mirrors federal FLSA — 1.5x past 40 hours. Three-or-fewer-employees OT exemption. State exempt threshold $684/week federal default. Semi-monthly minimum pay frequency (39-3-204). Wage statement required (39-3-101). Equal Pay for Women Act (39-3-104).

Overtime Requirements and Exemptions

Montana law, specifically MCA 39-3-405, adopts the federal Fair Labor Standards Act (FLSA) standard for overtime. This means that non-exempt employees must be paid at a rate of one and one-half times their regular rate of pay for all hours worked in excess of 40 in a workweek. The state also defaults to the federal salary threshold for exempt employees, which is currently $684 per week ($35,568 annually). Employees earning above this threshold and meeting the duties tests for executive, administrative, or professional exemptions are not entitled to overtime pay.

A key distinction in Montana law is the overtime exemption for employers with three or fewer employees. Businesses operating with a very small workforce are not subject to the state's overtime pay requirements, providing a measure of relief for micro-enterprises.

Pay Frequency and Wage Statements

Under MCA 39-3-204, Montana employers are required to pay employees at least semi-monthly. This means employees must receive their wages on a regular schedule, with no more than 16 days between paychecks. This requirement ensures a consistent cash flow for employees.

Furthermore, MCA 39-3-101 mandates that employers provide a written statement of wages to employees. This statement must include the total amount of wages paid, the number of hours worked, and an itemized list of all deductions made from the gross wages. This transparency measure allows employees to verify the accuracy of their pay and understand any withholdings.

On autopilot

Teambridge ensures Montana's wage and hour compliance, automatically.

Teambridge integrates Montana's specific wage and hour laws directly into your payroll and scheduling, removing the manual burden and risk of non-compliance.

01 . Pay Period Configuration

Automated Semi-Monthly Scheduling

Teambridge ensures your pay periods are automatically set to comply with Montana's semi-monthly frequency, preventing any accidental deviations from the 16-day maximum interval between payments.

02 . Overtime Rules Engine

Smart Overtime Calculation

Our system automatically applies the 1.5x overtime rate for hours worked over 40 in a workweek, while intelligently recognizing and exempting employers with three or fewer employees from this requirement based on your registered business profile.

03 . Wage Statement Generation

Compliant Wage Statements

Every pay cycle, Teambridge generates detailed wage statements that include all legally required information: total wages, hours worked, and an itemized breakdown of all deductions, fulfilling MCA 39-3-101.

04 . Exemption Status Verification

Proactive Exemption Management

Teambridge helps you correctly classify employees as exempt or non-exempt based on federal and state thresholds, alerting you to potential misclassifications and ensuring overtime is applied only where legally required.

FAQ

People also ask.

What is Montana's overtime law?

Montana's overtime law (MCA 39-3-405) largely mirrors the federal FLSA, requiring employers to pay non-exempt employees 1.5 times their regular rate of pay for all hours worked over 40 in a workweek. However, Montana uniquely exempts employers with three or fewer employees from this overtime requirement.

How often must employers pay employees in Montana?

Montana law (MCA 39-3-204) mandates that employers must pay employees at least semi-monthly. This means wages must be paid regularly, with no more than 16 days between paychecks.

Are small businesses exempt from overtime in Montana?

Yes, Montana has a specific exemption for small businesses. Employers with three or fewer employees are not required to pay overtime wages for hours worked over 40 in a workweek under state law.

What information must be included on a Montana wage statement?

According to MCA 39-3-101, employers in Montana must provide employees with a written wage statement that includes the total amount of wages paid, the number of hours worked, and an itemized list of all deductions made from the gross wages.

Does Montana have a higher minimum wage for overtime calculations?

Montana's minimum wage for 2026 is $10.85 per hour. Overtime is calculated at 1.5 times the employee's regular rate of pay, which must be at least the state minimum wage. Montana does not allow a tip credit, meaning tipped employees must also be paid the full state minimum wage before tips.

What is the exempt salary threshold for overtime in Montana?

Montana defaults to the federal FLSA salary threshold for executive, administrative, and professional exemptions. As of 2026, this threshold is $684 per week ($35,568 annually). Employees earning below this amount, or not meeting the duties tests, are generally considered non-exempt and eligible for overtime.