Montana employment law overview

Montana has laws that provide greater protections to employees than federal law, including a wrongful termination law, a higher and leave for crime victims, but generally follows federal law with respect to topics such as jury duty leave and overtime. 

Select Montana employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections

Montana employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices 

The Montana Human Rights Act (MHRA) makes it unlawful for an employer to discriminate against employees on the basis of protected characteristics including: 

• Race; 
• Creed; 
• Religion; 
• Color; 
• National origin; 
• Age; 
• Physical or mental disability; 
• Marital status; and 
• Sex. 

Under the MHRA, harassment is a form of illegal discrimination when based on a protected characteristic. 

The MHRA also prohibits retaliation against a person for opposing illegal discrimination, filing a complaint or participating in an investigation of illegal discrimination. 

Equal pay 

Montana law prohibits an employer from paying women less than men for equivalent service or for the same amount or class of work or labor in the same industry, establishment, office or place of employment. 

Pay transparency 

Montana does not have a pay transparency law applicable to private employers. 

Salary history inquiry restrictions 

Montana does not restrict an employer from inquiring into or relying upon an applicant’s salary history. 

Employee wage disclosure rights 

Montana does not have a wage disclosure law applicable to private employers. 

Pregnancy accommodation 

Montana does not have requirements for private employers related to pregnancy accommodation. 

Breastfeeding breaks 

Montana does not have requirements for private employers related to breastfeeding breaks. 

Access to personnel files 

Montana law does not require private employers to provide employees with access to their personnel files. 

Whistleblower protections 

Montana’s Securities Whistleblower Award and Protection Act provides: 

• Protection for those who make whistleblower complaints concerning a possible violation of state or federal securities laws, including any implementing rules or regulations; and 
• Monetary awards to whistleblowers through a state-run whistleblower program. 

An employer may not retaliate against an individual who makes a protected disclosure, including by: 

• Termination, 
• Discharge, 
• Demotion, 
• Suspension, 
• Threats, 
• Harassment, whether directly or indirect, or 
• In any other manner retaliating against an individual. 

Scheduling 

Montana does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

Montana employers may be required to comply with requirements related to recruiting and hiring.   

Credit checks 

Similar to federal law, Montana law prohibits an employer from obtaining a consumer or an investigative credit report unless a clear and conspicuous written disclosure has been made to the applicant and the employer has obtained the applicant’s written authorization. The disclosure must be made in a separate written document, not as part of a job application or other form, and must consist solely of the disclosure. 

Before an adverse employment action is taken (such as refusal to hire) based on a report, the employer must inform the applicant and provide a copy of the report and a summary of consumer rights under the law. 

Ban the Box and Fair Chance 

Montana does not have a state ban-the-box or fair chance law applicable to private employers. 

E-Verify 

There are no state-specific requirements for private employers related to the use of E-Verify in Montana. 

Wage and hour 

Montana employers may be required to comply with certain wage and hour requirements.   

Minimum wage 

Montana’s current minimum wage for nonexempt employees is $10.85 per hour. The minimum wage is adjusted for inflation every year. 

An employer that has gross sales receipts of less than $110,000 per year and that is not covered by the federal Fair Labor Standards Act (FLSA) may pay a lower wage. 

Overtime 

Nonexempt employees generally must receive overtime compensation at a rate of one-and-one-half times their regular hourly rate for all hours worked over 40 in a workweek. With certain exceptions, an employee who works part of the workweek in nonexempt employment and part in other employment should receive overtime pay for all hours worked in that workweek regardless of the differing employments. 

Meal and rest breaks 

Montana law does not require employers to provide meal or rest breaks to employees. 

Child labor 

Child labor laws in Montana restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

All minors are prohibited from working in hazardous occupations, and minors under the age of 16 age are prohibited from working in a variety of other occupations such as manufacturing, warehousing and construction. Child labor laws also list many occupations in which minors are actively permitted to engage, such as newspaper delivery and office and clerical work. 

Minors who are 14 or 15 years of age generally may not work: 

• During school hours; 
• Before 7:00 a.m.; 
• After 7:00 p.m. during the school year; 
• After 9:00 p.m. outside the school year (June 1 through Labor Day, depending on local standards); 
• More than three hours on a school day; 
• More than eight hours on a nonschool day; 
• More than 18 hours in a school week; or 
• More than 40 hours in a nonschool week. 

Pay and benefits 

Montana employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods 

A Montana employer must pay employees’ wages in cash or by check. Wages may be paid by direct deposit or electronic paycard if certain conditions are met. 

Pay frequency and lag time 

An employer in Montana must pay employees on regularly scheduled paydays established in advance. If an employer fails to establish a regular pay period, a semimonthly pay period will be presumed. 

Pay deductions 

In general, an employer may make deductions from wages: 

• For the reasonable cost of room, board and other incidentals supplied by the employer; 
• As otherwise provided for by law (e.g., federal and state taxes, Social Security or garnishment order); and 
• If authorized in writing by the employee for his or her own benefit (e.g., health or retirement plan deductions). 

An employer may not make deductions for damages, mistakes or shortages. 

Pay statements 

An employer must provide each employees with an itemized pay statement when wages are paid. The statement must show all deductions for the pay period. A statement must be provided even if no deductions were made. 

Wage theft 

Montana does not have a wage theft law applicable to private employers. 

Health care continuation 

Montana does not have a health care continuation law applicable to private employers. 

Temporary disability insurance 

Montana does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

Montana employers may be required to follow certain requirements with respect to time off and leaves of absence.   

Family and medical leave 

Montana does not have a state family and medical leave law applicable to private employers. 

Paid sick leave 

Montana does not have a state paid sick leave law applicable to private employers. 

Other time off requirements 

Montana has a few laws related to time off and leaves of absence, including but not limited to: 

• Maternity leave; 
• Crime victim leave; 
• Military leave;
• Emergency responder leave; and
• Public official leave. 

Health and safety 

Montana employers may be required to follow certain requirements with respect to employee health and safety.   

Occupational safety and health 

Under the Montana Safety Culture Act, all employers are required to develop and administer a safety program for all employees that encompasses training. An employer with more than five employees must also create a safety committee. 

Drug and alcohol testing 

The Workforce Drug and Alcohol Testing Act allows drug and alcohol testing of employees who have safety, security or fiduciary duties, or who work in hazardous work environments. 

An employer may test only in accordance with a qualified testing program. 

Smoke-free workplace 

The Montana Clean Indoor Air Act prohibits smoking in any enclosed public place, including workplaces. Smoking includes the use of marijuana or an electronic smoking device. Applicable employers must post a notice in a conspicuous place at all public entrances stating that smoking in the enclosed public place is prohibited. 

Weapons in the workplace 

Under Montana law, individuals can carry concealed firearms without a permit throughout Montana, except in portions of buildings used for state or local government offices and in areas related to such use. 

Safe driving practices 

Montana does not have a state law banning the use of phones, either for texting or for talking, while driving. 

Organizational exit 

Montana employers may be required to follow certain requirements when employees exit the organization.   

Final pay 

Employees who voluntary quit must be paid final wages by the earlier of the next scheduled payday or 15 days from the date of separation. 

Employees who are laid off or terminated must be paid final wages immediately (the earlier of within four hours or by the end of the business day), unless the employer has a written policy that extends the time for payment to the earlier of the next payday or within 15 days from the date of separation. 

Earned vacation is considered wages and must be included in an employee’s final pay. 

Mass layoffs 

Montana does not have its own version of the federal WARN Act. 

AI in employment 

Montana does not have a law related to AI in employment applicable to private employers.