Montana Work Hours and Reporting Policy
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FAQ
Montana Law Doesn't Require Meal or Rest Breaks In other words, although breaks are not required, employers must pay employees for time they spend working and for shorter breaks during the day.
If your contract is clear and says that your employer can make the specific change that they want to make e.g. to vary or reduce your hours, then your employer may be able to make the change without your agreement. Although you may still have rights to protest the change.
Montana ranked especially high in its rate of new entrepreneurs. According to U.S. Census Bureau data, the number of new business applications in the state rose 50% between January of 2020 and January of 2021.
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.
There is no statewide law that regulates when employers can change your schedule. If you're covered under a collective bargaining agreement, or if you have an employment contract from your employer that says it cannot change your schedule without notice, it's another story.
Article 83 of the Labor Code enunciates that the normal hours of work of any employee shall not exceed eight (8) hours a day. This is exclusive of the one (1) hour lunch break. The Supreme Court explained the rationale of this provision to safeguard the welfare of employees and to minimize unemployment.
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. MT Dept. of Labor: Overtime. See FLSA: Overtime for more information regarding overtime requirements.
Any employer is within their rights to change working hours. You just have to ensure you follow a fair process and stay legally compliant and not in breach of contract. That means respecting the rights of the employee.
I was fired from my job for no good reason. Is that legal? No. Montana is not an at will state.
Is overtime mandatory in Montana? If an employee works more than 40 hours in a workweek, that person must be paid time-and-a-half the regular rate of pay.
