Mont. Code Ann. » TITLE 39. LABOR · CHAPTER 3. WAGES AND WAGE PROTECTION · Part 4. Minimum Wage and Overtime Compensation
Montana Code Annotated

Mont. Code Ann. § 39-3-404 (2026)

Minimum Wage

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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 3
  4. Part 4
  5. 39-3-404 Minimum wage

TITLE 39. LABOR

CHAPTER 3. WAGES AND WAGE PROTECTION

Part 4. Minimum Wage and Overtime Compensation

Minimum Wage

39-3-404. Minimum wage. (1) Except as otherwise provided in this part and except for farm workers as provided in subsection (2), an employer shall pay to each employee a wage of not less than the applicable minimum wage as determined by the commissioner in accordance with 39-3-409.

(2) In the case of a farm worker employed for a part of a calendar year that includes periods requiring working hours in excess of 8 hours a day and other seasonal periods requiring working hours substantially less than 8 hours a day, the employer may pay the worker at a fixed rate of compensation during the term of employment. The employer may elect to:

(a) keep a record of the total number of hours worked by the worker during the part of the year during which the worker was employed bythe employer, but the total wages paid by the employer to the employee for that part of the year during which the employee was employed by the employer may not be less than the applicable minimum wage rate multiplied by the total number of hours worked; or

(b) in lieu of the minimum wage set forth in this part, pay the farm worker a wage as defined in this section on a monthly basis. This monthly compensation must constitute a minimum wage and may not be less than $635 a month beginning January 1, 1990.

History: En. Sec. 3, Ch. 417, L. 1971; amd. Sec. 1, Ch. 363, L. 1973; amd. Sec. 1, Ch. 421, L. 1975; R.C.M. 1947, 41-2303(a), (c); amd. Sec. 1, Ch. 410, L. 1981; amd. Sec. 1, Ch. 360, L. 1985; amd. Sec. 1, Ch. 674, L. 1989; amd. Sec. 1490, Ch. 56, L. 2009.

Notes of Decisions
Cited in 6 cases, 1980–2000 · leading case: Wage Claims of Stewart v. Region II Child & Fam. Servs., 788 P.2d 913 (Mont. 1990).
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Wage Claims of Stewart v. Region II Child & Fam. Servs., 788 P.2d 913 (Mont. 1990). · cites it 4× “ensures workers a minimum living standard by setting minimum hourly wages, § 39-3-404, MCA, and maximum allowable work hours per week, § 39-3-405, MCA.”
Berry v. KRTV Commc'ns, Inc., 865 P.2d 1104 (Mont. 1993). · cites it 4× “ensures workers a minimum living standard by setting minimum hourly wages, § 39-3-404, MCA, and maximum allowable work hours per week, § 39-3-405, MCA.”
Reier Broad. Co. v. Reier, 2000 MT 120, 1 P.3d 940. · cites it 3× “How much compensation RBC paid Greta on an hourly basis is not in dispute; rather, when RBC was obligated to pay her back-wages upon her termination from employment has been the focal issue throughout this litigation. The exclusions under § 39-3-406, MCA, therefore, are…”
State v. Wilson, 614 P.2d 1066 (Mont. 1980). · cites it 4× “Montana’s minimum wage law provides for both a minimum wage, section 39-3-404, MCA, and for overtime compensation at not less than one and one-half times the employee’s hourly wage rate for hours worked in excess of forty in a week: “Overtime compensation.”
State v. Wilson, No. 79-051 (Mont. July 30, 1980). · cites it 4× “Montana's minimum wage law provides for both a minimum wage, section 39-3-404, MCA, and for overtime compensation at not less than one and one-half times the employee's hourly wage rate for hours worked in excess of forty in a week: "Overtime compensation.”
Moore v. Imperial Hotels Corp., 948 P.2d 211 (Mont. 1997). “Gary Moore filed a wrongful discharge claim, as well as claims involving violations of wage and hour statutes pursuant to § 39-3-204, MCA, and §§ 39-3-404 and -405, MCA, against Imperial Hotels Corporation in the Thirteenth Judicial District Court, Yellowstone County, on…”
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