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The penalty is measured at the employee's daily rate of pay and is calculated by multiplying the daily wage by the number of days that the employee was not paid, up to a maximum of 30 days.
We recommend reporting the injury online. If you are unable to report online, call us at 800-332-6102 and a Customer Service Specialist will complete the First Report of Injury form with you over the phone.
Montana Labor Laws Guide Montana Labor Laws FAQMontana minimum wage$9.20 per hourMontana overtime laws1.5 times the rate of regular pay after working 40 hours in a workweek ($13.80 per hour for minimum wage workers)Montana break lawsMeal and rest breaks not required by law
Code § 39-2-904(1)(b). Effective October 1, 2023, if not specified by the employer, employees have an automatic probationary period during their first 12 months where an employer may terminate the employee at will, with the broadest discretion when making a decision to discharge a manager and/or supervisor. Mont.
Montana uses the federal FLSA provisions to regulate overtime requirements, as well as exceptions. Generally speaking, FLSA considers all work exceeding 40 hours in a workweek to be considered overtime.
Statute of Limitations -- (§ 39-3-207, MCA) ? An employee has 180 days from the default of the payment to file a wage claim. ? An employee may recover wages and penalties for a period of 2 years, 3 years if willful violation.
In Montana, employers are not required to provide employees with vacation benefits, either paid or unpaid. If an employer chooses to provide such benefits, it must comply with the terms of its employment contract or established policy. Once an employee earns vacation leave, it cannot be forfeited for any reason.
Montana law requires employers to provide a final paycheck to employees who are terminated or laid off within four business days. If an employee quits, the final paycheck is due on the next scheduled payday or within 15 days, whichever comes first, as stated in Montana Code 39-3-205.