Montana Application for Work or Employment - Clerical, Exempt, Executive, or Nonexempt Position
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How to fill out Application For Work Or Employment - Clerical, Exempt, Executive, Or Nonexempt Position?
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FAQ
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.
Montana Exempt Employees: What you need to know 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).
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.
I was fired from my job for no good reason. Is that legal? No. Montana is not an at will state.
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.
An exempt employee is not entitled overtime pay by the Fair Labor Standards Act (FLSA). These salaried employees receive the same amount of pay per pay period, even if they put in overtime hours. A nonexempt employee is eligible to be paid overtime for work in excess of 40 hours per week, per federal guidelines.
With few exceptions, to be exempt an employee must (a) be paid at least $23,600 per year ($455 per week), and (b) be paid on a salary basis, and also (c) perform exempt job duties. These requirements are outlined in the FLSA Regulations (promulgated by the U.S. Department of Labor).
In short, the executive exemption means employees whose primary duties comprise managerial tasks are not eligible for FLSA coverage like overtime pay. The roles that typically fall under the executive exemption include CEOs, mid-level managers, and shift managers.
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.
Key Takeaways. An exempt employee is an employee who does not receive overtime pay or qualify for minimum wage. Exempt employees are paid a salary rather than by the hour, and their work is executive or professional in nature.