Montana has enacted several laws, including the Montana Human Rights Act, designed to protect employees from abuse by their employers. These laws cover part-time and full-time designations, minimum wage, overtime, paid leave, and discrimination.
Part-time vs. Full-time
Under the laws of Montana, you are considered a “full-time” employee if you typically work over 40 hours during a given work week. Those working less than 40 hours are considered “part-time” employees.
As of January 1, 2017, the minimum wage in Montana increased to $8.15 per hour. This was an increase of 15 cents from 2016. The minimum wage does not apply to employees of companies with gross annual earning of less than $110,000 (these employees are entitled to a minimum wage of $4.00 per hour).
Generally, most employees in Montana must be paid a least one and one-half times their normal hourly rate for each hour of overtime worked. Overtime work usually means hours worked more than 40 hours in a work week. However, there are important exceptions:
- Students and seasonal employees must receive overtime pay for all hours worked more than 48 hours in any work week.
- Farm workers are not protected by Montana’s overtime laws. Farm workers may be paid the minimum wage of $8.15 or a monthly basis of $635 regardless of hours worked.
Employees may also have further rights under the Fair Labor Standards Act (FLSA).
Under the Montana Human Rights Act, an employer may not discriminate against an employee due to their:
- Physical or mental disability,
- Age, or
- National origin.
There are many areas of employment law and if you have suffered from employment discrimination for any reasons then you should contact a lawyer.
Montana does not require employers to pay overtime to employees working holidays. Employers are also not required to pay employees for sick leave or time off. While in many instances federal law requires employers to provide health insurance, Montana does not make such requirements.
Where Can I Find a Local Lawyer to Help Me?
Contact a local Montana lawyer today if you believe that your employer has treated you improperly.