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If an employee is terminated or laid off, they must be paid all final wages immediately upon separation unless there is a written policy that extends the payment to the next regular payday or within 15 days, whichever comes first.
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
If an employee is laid off, or discharged, all wages are due immediately unless the employer has a pre-existing, written personnel policy that extends the time for payment. The wages cannot be delayed beyond the next pay day for the period in which the separation occurred, or 15 days, whichever occurs first.
(1) Except as provided in subsections (2) and (3), when an employee is separated from the employ of any employer, all the unpaid wages of the employee are due and payable within 3 days, except for employees of the state of Montana and its political subdivisions who would be paid on the next regular payday for the pay ...
If the regular payday for the last pay period an employee worked has passed and the employee has not been paid, contact the Department of Labor's Wage and Hour Division or the state labor department. The Department also has mechanisms in place for the recovery of back wages.
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.
(1) Except as provided in subsections (2) and (3), every employer of labor in the state of Montana shall pay to each employee the wages earned by the employee in lawful money of the United States or checks on banks convertible into cash on demand at the full face value of the checks, and a person for whom labor has ...
Statute of Limitations Montana's deadline for filing an overtime claim adheres to the FLSA, which requires those seeking to recover unpaid back overtime wages file a lawsuit within two years from the date of the employer's wage violation.