Montana overtime law

Who is exempt

Bona fide executive, administrative and professional staff (defined in state rules), computer professionals paid at least $27.63 an hour, outside sales staff, and listed groups such as some transport workers, dealership sales staff and mechanics, and some farm and forestry workers. Source: mca.legmt.gov↗ (opens in a new tab)

Industry-specific rules

Sheriff offices, hospitals and care facilities, firefighters and some police can use alternative work periods (for example 80 hours in 14 days) before overtime is owed. Source: mca.legmt.gov↗ (opens in a new tab)

Penalties

The Montana Department of Labor and Industry, Labor Standards Bureau enforces this rule; penalty amounts aren't set out in the guidance linked here. Source: mca.legmt.gov↗ (opens in a new tab)

The law and where to check

The law: Mont. Code Ann. § 39-3-405 (exclusions in § 39-3-406) (opens in a new tab)

The agency: Montana Department of Labor and Industry, Labor Standards Bureau (opens in a new tab)

What federal law says

The federal Fair Labor Standards Act (FLSA) requires 1.5 times the regular rate for hours over 40 in a workweek for non-exempt employees. Federal law has no daily overtime. The federal salary level for most exempt staff is $684 a week. Where state and federal rules differ, follow the rule that gives the employee more. Source: U.S. Department of Labor↗ (opens in a new tab) Source: U.S. DOL — salary levels↗ (opens in a new tab)

Free tool: work out overtime pay with our State Overtime Calculator.

Overtime checklist for Montana employers

A simple order of work, based on the rules above. It is not a legal checklist.

1. Decide which employees are non-exempt, and check exempt staff meet the salary and duties tests.
2. Set your workweek (a fixed, repeating 7-day period).
3. Track all hours worked, including daily hours if your state has daily overtime.
4. Pay overtime at 1.5 times the regular rate, including bonuses where required.
5. Use our free State Overtime Calculator to check the numbers.
6. Keep time and pay records.

More Montana employment law guides

• All Montana employment laws
• Montana final paycheck law
• Montana paid sick leave law
• Montana meal and rest break laws
• Montana pay frequency law
• Montana vacation and PTO payout law
• Montana new hire reporting
• Montana at-will exceptions

Overtime laws in other states

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Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.

Last checked: October 19, 2026. Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.