Montana

$10.85 / hour

Effective January 1, 2026, Montana's minimum wage is $10.85 per hour. No tip credit, meal credit or training-wage credit is permitted.

Effective

2026-01-01

Checked

2026-08-10

1.5%

Most employees must receive overtime at one and one-half times their regular rate for actual hours worked over 40 in a seven-day workweek.

Checked

2026-08-10

An independent contractor must be free from control or direction over performance, both under the contract and in fact, and must be independently engaged in an established trade, occupation, profession, or business; the worker must obtain an ICEC or elect workers' compensation coverage (MCA § 39-71-417).

Checked

2026-08-10

An employer may not withhold earned wages longer than 10 business days after the wages become due and payable at the end of the established pay period (MCA § 39-3-204).

Checked

2026-08-10

On discharge or layoff, final wages are due within four hours or by the end of the business day, whichever comes first; after a quit, wages are due by the next regular payday for the separation period or within 15 calendar days, whichever occurs first.

Checked

2026-08-10

At every wage payment, the employer must furnish an itemized statement showing deductions from total earnings; a statement is still required when there are no deductions.

Checked

2026-08-10

Deductions are generally allowed only when required by law or for board, lodging, or incidentals supplied for the employee's benefit; employers may not deduct damage, mistakes, lost or stolen equipment, or cash shortages from wages.

Checked

2026-08-10

Wages must be paid in lawful money or by checks convertible into cash on demand at full face value; electronic funds transfer is allowed only with the employee's written or electronic consent, which the employer must retain (MCA § 39-3-204).

Checked

2026-08-10

Montana does not generally require meal or rest breaks; if an employer provides short rest breaks they are paid, and a meal period may be unpaid only when it lasts at least 30 minutes and the employee is completely relieved of duties.

Checked

2026-08-10

Hours worked include time an employee must be on duty, on the employer's premises or at another designated work place, and additional time the employee is required or permitted to work.

Checked

2026-08-10

No general predictive scheduling requirement for private employers was located in MT's official sources as of 2026-08-13. This records the result of a documented search of 2 official sources, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general expense reimbursement requirement for private employers was located in MT's official sources as of 2026-08-13. This records the result of a documented search of 2 official sources, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

Wages in Montana include any money due an employee from an employer, including commissions, bonuses, tips and gratuities (MCA § 39-3-201).

Checked

2026-08-10

Wages in Montana include any money due an employee from an employer, including commissions, bonuses, tips and gratuities (MCA § 39-3-201).

Checked

2026-08-10

Montana law does not require private employers to provide severance pay.

Checked

2026-08-10

Montana law does not require holiday or weekend premium pay; overtime is due only when actual hours worked exceed 40 in the workweek unless a policy or agreement provides more.

Checked

2026-08-10

Montana public works contracts exceeding $25,000 that are let by the state or a political subdivision require covered workers to receive the applicable standard prevailing rate of wages, including fringe benefits.

Checked

2026-08-10

Montana law does not require private employers to provide sick leave, paid time off or other paid leave benefits.

Checked

2026-08-10

No general paid family medical leave requirement for private employers was located in MT's official sources as of 2026-08-13. This records the result of a documented search of 2 official sources, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

A member ordered to state military duty is entitled to a leave of absence for the duty period, and the leave may not be deducted from accrued sick, vacation, military, or other leave unless the member chooses the deduction (MCA § 10-1-1006).

Checked

2026-08-10

5.65%

Beginning January 1, 2026, Montana wage-withholding tables reflect a 4.7% lower bracket and a highest marginal rate of 5.65%.

Effective

2026-01-01

Checked

2026-08-10

A newly hired employee must complete Form MW-4. If the employee claims a line 5 withholding exemption, the employer must file the form through TAP by the last day of the payroll period in which it was received and must retain a copy.

Checked

2026-08-10

5%

For supplemental wages paid separately from regular wages, an employer may use a flat Montana withholding rate of 5%.

Effective

2024-01-01

Checked

2026-08-10

Employers generally withhold Montana tax from wages for services performed in Montana; qualifying North Dakota residents may claim reciprocity on Form MW-4, and qualifying nonresidents working fewer than 30 days may be exempt subject to statutory occupation and compensation exceptions.

Checked

2026-08-10

No general local taxation requirement for private employers was located in MT's official sources as of 2026-08-13. This records the result of a documented search of 2 official sources, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

Wage base $47,300

For 2026, Montana's unemployment-insurance taxable wage base is $47,300 and the contribution schedule is Schedule I; each private for-profit employer's rate depends on its experience-rating history.

Effective

2026-01-01

Checked

2026-08-10

No general disability insurance requirement for private employers was located in MT's official sources as of 2026-08-13. This records the result of a documented search of 2 official sources, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

With limited statutory exceptions, Montana employers must provide workers' compensation coverage for full-time, part-time, seasonal, and occasional employees.

Checked

2026-08-10

Annual withholding of $1,199 or less is due by January 31; $1,200 through $11,999 is due monthly by the 15th of the following month; $12,000 or more follows the accelerated federal payday schedule. New accounts begin on a monthly schedule.

Checked

2026-08-10

For every year a Montana withholding account remains open, the employer must file Form MW-3 and include each Montana-wage Form W-2 and each Form 1099 that reports Montana withholding.

Checked

2026-08-10

Form MW-3, each Form W-2 reporting Montana wages whether or not tax was withheld, and each Form 1099 with Montana withholding are due January 31.

Checked

2026-08-10

A Montana employer must report a newly hired employee within 20 days; an employee returning after more than 60 consecutive days without pay is treated as a reportable rehire (MCA § 40-5-922).

Checked

2026-08-10

25%

Ordinary weekly garnishment may not exceed the lesser of 25% of disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum hourly wage (MCA § 25-13-614).

Checked

2026-08-10

It is unlawful for a public or private employer to employ women for compensation less than that paid to men for equivalent service or for the same amount or class of work or labor in the same industry or place of employment (MCA § 39-3-104).

Checked

2026-08-10

No general pay transparency requirement for private employers was located in MT's official sources as of 2026-08-13. This records the result of a documented search of 2 official sources, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

No general salary history requirement for private employers was located in MT's official sources as of 2026-08-13. This records the result of a documented search of 2 official sources, not a statement that no such law exists. Federal requirements continue to apply where applicable.

Checked

2026-08-13

110%

An employer violating Montana wage-payment law must pay the full wages due and may be assessed a penalty payable to the employee of up to 110% of the unpaid wages (MCA § 39-3-206).

Checked

2026-08-10

Every employer employing workers subject to Montana's minimum-wage provisions must post and keep posted the prescribed minimum-wage notice in conspicuous places.

Checked

2026-08-10

A minor who is 14 or 15 years old may not be employed more than 3 hours on a school day, 18 hours in a school week, 8 hours on a nonschool day, or 40 hours in a nonschool week (MCA § 41-2-115).

Checked

2026-08-10

Before a new employee begins work, a Montana employer must verify lawful employment status using either Form I-9 documentation or E-Verify.

Effective

2025-07-01

Checked

2026-08-10

An employer paying wages for services performed in Montana must maintain a Montana withholding account and remit Montana wage withholding on behalf of employees.

Checked

2026-08-10

Payroll records must include employee identifying data, workweek start, pay rate and period, daily and weekly hours, straight-time and overtime earnings, additions and deductions, total wages, and payment date and covered period.

Checked

2026-08-10

10.25%

Late withholding payments are subject to a 1.5% monthly penalty up to 15% of tax due; for 2026, outstanding taxes in the 'all other taxes' category bear 10.25% annual interest computed daily.

Effective

2026-01-01

Checked

2026-08-10

An employee must file a wage complaint within 180 days of default or delay and may generally recover two years of wages and penalties, extended to three years when the employer engaged in repeated violations (MCA § 39-3-207).

Checked

2026-08-10