Montana Overtime Pay Law

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In Montana, work in excess of 40 hours a week must be compensated at a rate of at least one and one-half the regular hourly wage rate. Farm workers are not subject to overtime provisions. Students employed at seasonally-run recreation or amusement areas who are furnished with board, lodging or other facilities must be paid at least one and one-half times the regular hourly rate for work in excess of 48 hours in a workweek.

Minimum wage and overtime pay exclusions exist for: resident managers employed in lodging establishments or personal care facilities who, under the terms of their employment, live in the establishment or facility; students in distributive education programs; people performing menial chores at private homes; child care for a head of household; employers' family members; volunteers for nonprofit organizations; "handicapped" workers; apprentices and learners for up to 30 days; 180 days of farm work by a minor learner if the learner is paid at least half the minimum wage; retired or semiretired persons doing incidental work as a condition of residence on a farm or ranch; bona fide executive, administrative and professional employees; outside salespersons; direct sellers; federal employees; and participants in certain welfare-to-work programs.

Exclusions from overtime pay only exist for: interstate motor carriers; railroad, express company, pipeline and water carrier employees covered by Part I of the Interstate Commerce Act; outside buyers of poultry and dairy products; vehicle salespersons, partspersons and mechanics; drivers or drivers' helpers making local deliveries; agricultural workers; employees at county elevators; taxicab drivers; houseparents; employees of forestry or logging operations; and guidepersons employed by licensed outfitters as guides, cooks, camp tenders or livestock handlers; outside salespersons of advertising, office supplies or computers; employees of a police or sheriff's department; firefighters; municipal or county employees; hospital employees; public safety employees; retail employees paid a commission plus at least 1 1/2 times the minimum wage; and radio employees in smaller towns.