Montana Labor Laws

Laws are subject to change, and 2020 was a year of massive change in all areas of life. If you work in Billings, MT, or the surrounding area, you may benefit from reviewing Montana labor laws to see if recent alterations apply to you.

Which Montana Labor Laws Should Workers Be Aware Of?

While federal and state laws bind employers, not everyone complies. It's up to employees to know their rights and take a stand if they're violated.

RMK Law Firm is dedicated to defending workers' rights and is proud to stand with the people of Billings, MT. As part of our efforts, we've created this list of important labor statutes for employees.

Leave

Montana labor laws don't require employers to provide any of the following leave:

• Bereavement
• Voting
• Holiday
• Sick
• Vacation

Employers must offer leave for jury duty, but it may be paid or unpaid.

Meals and Breaks

There are no state laws requiring employers to provide breaks or meal breaks. Thus, it is up to employers to create a policy if they wish to offer them.

Should they choose to provide breaks, federal law applies. Under federal law, employers aren't required to pay workers during meal breaks so long as employees can do what they want during the period. Breaks, however, must be paid. Typically, meal breaks are 30 minutes or longer, and breaks are 20 minutes or shorter.

Minimum Wage

The minimum wage is the lowest dollar-per-hour amount an employer can pay. In Montana, the minimum wage depends on the employer's gross annual receipts. Should they total $10,000 or less, the minimum wage is $4.00. Should they total more than $110,000, the minimum wage is $8.75.

Nursing Break

Montana doesn't have any laws requiring employers to provide breaks and designated spaces to nursing people to express milk. However, the federal government does.

According to the Fair Labor Standards Act, the designated space must meet the following criteria:

• Not be a bathroom
• Be free from intrusion
• Be shielded from view

Breaks for nursing must comply with the following:

• Be as long as necessary for the individual to express milk completely
• Be as frequent as necessary
• Be offered for at least one year after giving birth

Overtime

The majority of workers have a right to overtime pay if they work over 40 hours a week. Overtime pay is 1.5 times the standard pay. Some industries are exempt.

What Questions Should You Ask When Interviewing for a New Job?

When you interview or return to a job, you have the right to ask HR questions. Since Montana leaves many benefits to employers, you should know a company's policies before deciding whether to work there.

What Kind of Leave Do You Offer, If Any?

Because Montana doesn't require employers to provide most kinds of leave, it's essential to ask about a company's leave policy. For example, when you inquire about sick leave, make sure to ask the following:

• Is it paid?
• Do you have to use vacation days if it's paid, or is it considered a separate benefit?
• Can you take sick leave to care for a loved one?

Do You Have Designated Facilities for Nursing People?

The guidelines provided by the U.S. Department of Labor are somewhat sparse on spaces nursing people can use to express milk. If you're nursing or expect to in the future, you should ask about an employer's facilities:

• How close are they to your workspace?
• How large are they?
• How many people generally use them?

Will I Have Guaranteed Meals and Breaks?

Since there's no requirement that employers provide these, make sure you clarify a company's policy. Ask if they are guaranteed, how long they are, and if you're required to take them. If they're provided, ask if you'll be compensated for skipping unpaid meal times if a supervisor requests it.

Do You Require or Offer Overtime?

Not all companies offer overtime, though some require it. You should ask whether overtime is available and if it's voluntary.

Who Can Help You Defend Your Rights Under Montana Labor Laws?

If you have an equal opportunity employment dispute or otherwise need assistance defending your rights under Montana labor laws, RMK Law can help. To learn more or schedule a consultation, contact us online or call us at 406-601-1400.

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