Montana Overtime Authorization Form
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How to fill out Overtime Authorization Form?
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FAQ
"Yes," your employer can require you to work overtime and can fire you if you refuse, according to the Fair Labor Standards Act or FLSA (29 U.S.C. § 201 and following), the federal overtime law. The FLSA sets no limits on how many hours a day or week your employer can require you to work.
Overtime pay, also called "time and a half pay", is one and a half times an employee's normal hourly wage. Therefore, Montana's overtime minimum wage is $13.80 per hour, one and a half times the regular Montana minimum wage of $9.20 per hour.
Montana labor laws require employers to pay employees overtime at a rate of 1½ time their regular rate when they work more than 40 hours in a work week, unless otherwise exempt.
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.
An employer doesn't violate overtime laws by requiring employees to work overtime, (ie mandatory overtime), as long as they are properly compensated at the premium rate required by law.
Montana law exempts anyone employed in a bona fide executive, administrative, professional, computer professional, or outside sales capacity from overtime pay requirements as defined by the federal Fair Labor Standards Act (FLSA) (MT Code Sec. 24.16. 211).
If your contract says you have compulsory overtime but it's 'non-guaranteed', your employer doesn't have to offer overtime. But if they do, you must accept and work it. Your employer could take disciplinary action or dismiss you if you don't do the overtime you've agreed to.
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. The exceptions to Montana's overtime law generally track the federal law exceptions.
The Montana Minimum Wage Law of 1971 establishes minimum wage, maximum hours and overtime pay for all employment covered under the law -- unless specifically exempted.
