Montana’s employment law framework relies heavily on federal guidelines ranging from workplace health and safety to unpaid family and medical leave. The state does, however, impose unique requirements regarding overtime pay, minimum wage rates, and final paycheck timelines.
When it comes to talent and workforce management, Montana-based employers need to comply with the following state employment laws:
The below information was last updated November 9, 2025. It is not intended as legal advice. Also, unless otherwise noted below, the following laws predominantly apply to the private sector.
A subset of employment law, labor law focuses on the relationships between employers, employees, and labor unions, particularly in the context of collective bargaining and workplace rights.
Central to U.S. labor law is the National Labor Relations Act (NLRA), which protects employees’ rights to organize, join unions, and negotiate working conditions while restricting unfair labor practices. Still, states can enact additional laws, such as Right-to-Work statutes, that influence union membership and dues requirements.
Right-to-work states prohibit employers from requiring union membership or dues as a condition of employment (a.k.a. union security agreements).
Montana currently has no right-to-work laws or regulations. Although, under section 14(b) of the National Labor Relations Act (NLRA), Montana can pass a right-to-work law in the future if it chooses.
Employment law governs the individual rights of employees and their professional relationship with their employers, such as working hours, fair wages, anti-discrimination protections, and workplace safety.
| Montana Minimum Wage | The state of Montana uses its own minimum wage rate of $10.55, but doesn’t allow tipped minimum wages for employees who earn tips with their base pay. |
| Montana Overtime Pay Laws | According to Mont. Code Ann. § 39-3-405, overtime pay in Montana is calculated at 1.5 times the employee’s regular pay rate when working over 40 hours a week. |
| Montana Pay Equity Law | Under Mont. Code Ann. § 39-3-104, no employer in Montana can employ women in any occupation within the state 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, school, establishment, office, or place of employment of any kind or description. |
| Montana Pay Transparency Law | Montana currently has no pay transparency laws or regulations. |
| Montana Final Paycheck Law | In Montana, employees who voluntarily resign from a job must receive their final paycheck by the next regular payday or within 15 days of separation, whichever is earlier. Involuntarily terminated employees must receive their final paycheck immediately, unless the employer has a written policy that extends the time for payment of final wages to the next regular payday or within 15 days of separation, whichever is earlier. |
| Montana PTO Payout Laws | Montana doesn’t have specific PTO payout requirements, as it bases such decisions on an employer's policy. It does, however, prohibit the use of "use-it-or-lose-it" policies, though employers may adopt a policy that caps vacation time accrual. |
| Montana Paid Sick Leave (PSL) | Montana currently has no paid sick leave laws or regulations. |
| Montana Paid Family and Medical Leave (PFML) | Montana currently has no PFML laws or regulations. However, employers with 50 or more employees must still comply with the federal Family and Medical Leave Act (FMLA), which provides eligible employees up to 12 weeks of unpaid leave every 12 months for various reasons. |
| Montana Maternity Leave | Montana doesn't have a maternity leave law, as this type of leave is an employer-provided benefit. Since the state also doesn’t have a mandated PFML program, employees must instead use FMLA leave or another type of employer-provided leave. |
| Montana Voting Leave Law | Montana currently has no voting leave laws or regulations. |
All states must comply with federal health and safety standards overseen by the Occupational Safety and Health Administration (OSHA).
While some states adopt additional health and safety regulations, Montana is an "OSHA plan" state, meaning it defers to OSHA's requirements when addressing health and safety matters, such as having an emergency action plan or providing medical and first aid supplies.
Montana currently has no work break laws or regulations.
As described by the Montana Human Rights Act, and enforced by the Montana Human Rights Bureau, employers in Montana are prohibited from discriminating against employees based on:
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Montana also requires employers to comply with specific anti-harassment mandates, also outlined in the state’s Human Rights Act. Employers must, for example, establish an effective complaint or grievance process that allows employees to take immediate and appropriate action when an employee complains about unwelcome behavior.
The state doesn't, however, require employees to complete any harassment or discrimination training courses.
| Montana Non-Compete Agreement Laws | Montana is one of six states that completely ban the use of non-compete agreements under Mont. Code Ann. § 28-2-703, with added protections for certain healthcare professionals under §28-2-724. A limited exception, however, exists under § 28-2-704 for the sale of the goodwill of a business or the dissolution of a partnership. |
| Montana Retirement Plan Laws | Montana currently has no mandatory retirement plan laws or regulations. |
This information is provided as a courtesy and may be updated at any time. It is not intended as legal guidance. If you have questions or concerns, we encourage you to seek the advice of a qualified employment or labor attorney or advisor.
Between constantly changing employment laws and updates to the Affordable Care Act (ACA), keeping your workplace compliant can be a time-consuming and costly challenge. Eliminate the stress and stay up to date with our Compliance Dashboard. View compliance alerts and get a bird’s eye view of what you need to do to avoid fines and penalties.
