Forced Overtime Laws. No Nebraska law imposes rules on hours worked or overtime; therefore, the FLSA governs overtime requirements. The Fair Labor Standards Act (FLSA) automatically qualifies certain types of workers who meet overtime pay requirements to receive overtime for all hours worked over 40 in a single week (or daily overtime limits set by Montana overtime laws). Your job is classified as an Outside Sales position if your main duties are making sales or taking orders outside of their employer's main workplace. If you earn more then the Montana minimum wage rate, you are entitled to at least 1.5 times your regular hourly wage for all overtime worked. Montana's overtime law is similar to the requirements of the federal Fair Labor Standards Act ("FLSA"), and its implementing regulations are largely identical. There are 19 states where no state law regarding overtime exists. Additionally, MT overtime laws declare that employers may force their employees to work any number of hours in a given 40 hour week; limitations are placed on workers under the age of 18. Montana's overtime law is essentially the same as the federal provision: if an employee works more than 40 hours in a given workweek, that employee is entitled to pay at one and one-half times the employee's regular hourly wage.. Any collective bargaining agreement providing greater overtime or nonexempt compensatory time benefits supersedes this policy. Montana’s overtime law is essentially the same as the federal provision: if an employee works more than 40 hours in a given workweek, that employee is entitled to pay at one and one-half times the employee’s regular hourly wage. 39-3-406. LEARN MORE. Last updated 1/10/2020. You must spend no more then 20% of your time doing other activities (or 40% in a retail environment), and your job should be a salaried position. She is entitled to her regular earnings ($377.65) plus an additional half of her regular rate of $4.15 for each hour worked over 40. Employees covered by Montana’s overtime law must be paid 1.5 times their regular rates for hours worked in excess of 40 per week. In the U.S., the Department of Labor administers and enforces the deferral employment laws. Out of an estimated 120 million workers in America, almost 50 million are exempt from overtime law.  46 hours worked                    =   $447.20 regular earnings, $447.20 ÷ 46 hours = regular rate = $9.72 per hour While some states follow the state laws, others adopt federal laws or both. Keeping updated on your state’s minimum wage and overtime laws is a key step in steering your company clear of an FLSA lawsuit. What are wage and hour laws? 39-3-408. General information about state and federal overtime laws, with specifics about Montana's overtime laws which require premium pay for hours worked over a certain threshold. Montana State Minimum Wage and Overtime Law Resource Page. If your work involves manual labor (such as construction worker, factory attendant, cashier, etc) you are probably protected under overtime law. Overtime compensation. Montana law requires that covered employers pay nonexempt employees overtime in the amount of 1 1 / 2 times the employee’s regular pay rate for hours worked in excess of 40 in a … Montana law requires that covered employers pay nonexempt employees overtime in the amount of 1 1 / 2 times the employee’s regular pay rate for hours worked in excess of 40 in a … Check Your State's Laws on Overtime. This site is a free public service not affiliated with the Department of Labor or any governmental organization. Overtime pay is 1.5 times your normal pay rate. Montana Overtime Laws Montana law requires most employees to be paid 1.5 times their regular rate of pay for any period worked over 40 hours in the employer's seven-day workweek. States with daily overtime requirements: Alaska, California, Colorado, and Nevada Please Note: The table above is meant to be used as a reference, but state laws are subject to change. State Minimum Wages | Based on a 40 hour workweek, the minimum wage rate is set at $5.15 per hour. You can learn more about this by visiting the Department of Labor and Industry site. Montana Overtime Laws. Overtime Employees covered by Montana’s overtime law must be paid 1.5 times their regular rates for hours worked in excess of 40 per week. Employers in Montana must adhere to both federal and state overtime regulations defining how much overtime must be paid, and which employees are entitled to overtime pay. Your job is classified as a Professional position if your primary duties require advanced knowledge and extensive education, including artists, certified teachers, and skilled computer professionals. The Montana Department of Labor and Industry manages wage and hour issues for Missouri. Does Montana have state overtime laws that are different from federal law? Nebraska Nebraska follows federal overtime rules. Definitions. Practical nurses and paralegals, who would otherwise fall under the exempted category, are also specifically protected by overtime law as these particular professionals often endure long hours of work, and may be exploited or overworked by their employers otherwise. When the FLSA was established in 1938, agricultural … Be sure to check your state's specific overtime laws for any exceptions or additional rules. In these states federal law applies effect. Your job is classified as an Administrative position if your primary duty is non-manual work related to business operations, management policies, or administrative training. Your job must be salaried to fulfill the requirements, and you must spend no more then 20% of your time doing activities that do not fit in the categories described above (or 40% in a retail environment). Yes, according to Montana labor laws breaks if the business permits smoking around the workplace. When it comes to determining overtime and wage classifications, the law uses the terms exempt and non-exempt workers. Even if the total hours for the week exceed 40 when vacation or sick time is included, overtime pay is not required unless an employee actually worked more than 40 hours. This policy covers all university positions identified as nonexempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and Montana law. The Montana Department of Labor and Industry manages wage and hour issues for Missouri. Fact Sheets. Usage is subject to our Terms and Privacy Policy. 39-3-402. Overtime compensation. It is important for workers in most industries and job types to be aware that federal law establishes a baseline for minimum wages across the country. Help us keep Minimum-Wage.org up-to-date! State overtime laws generally follow the FLSA with some exceptions. Montana Overtime Statute of Limitation - The Montana Unpaid Overtime Lawyers at The Rasansky Law Firm handle Unpaid Overtime Lawsuits in Montana on behalf of the employees of Montana companies that fail to pay overtime wages as required by The Fair Labor Standards Act. Employees who perform different types of work for which they receive varying rates of pay must be paid overtime at a weighted average hourly rate. 39-3-402. They aren't entitled by law to receive a minimum wage per hour or to overtime when they work more than 40 hours a week. California has a law that for every six days worked, employees need one day off without punishment. This rate is inflation adjusted every year.  $9.72 ÷ 2 = ½ time rate = $4.86 per hour The IRS views the worker whether a nanny, health aide, housekeeper, senior caregiver, gardener, chef, personal assistant, estate manager, etc. Montana's Overtime Minimum Wage Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. Definitions; 39-3-405. Guidance materials about overtime topics, including an Employment Law Guide, Qs & As, guide to overtime laws in the states, and more. The employee is entitled to payment of one-half this regular rate for each hour worked over 40 - in addition to the full commission or piecework earnings. Certain employers may pay employees overtime for work in excess of a work period other than the traditional 40-hour workweek. Penalty for failure to pay wages at times specified in law. When we say that an employee is “exempt,” we generally mean that the employee is exempt from the protections of a federal law called the Fair Labor Standards Act, and that the employer need not be concerned with paying minimum wage or overtime to that employee. Other exempt positions include some transportation workers, certain agricultural and farm workers, and some live-in employees such as housekeepers.  6 hours x $12.00 per hour    =   $  72.00  4 hours x $8.30 per hour      =   $  33.20 This list contains the Federal Laws relating to Employment, the Federal Laws Regarding Montana Public Employers , and the State Laws Related to Employment. You may be paid either a salary or commission-based structure, but you must not spend more then 20% of your time doing work other then sales to fall under this classification. Hello, I am an hourly employee working for a public school in Montana, contracted to work 40 hours weekly performing custodial work. 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