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. § 39-3-405 (2026)

Overtime Compensation

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 3
  4. Part 4
  5. 39-3-405 Overtime compensation

TITLE 39. LABOR

CHAPTER 3. WAGES AND WAGE PROTECTION

Part 4. Minimum Wage and Overtime Compensation

Overtime Compensation

39-3-405. Overtime compensation. (1) An employer may not employ any employee for a workweek longer than 40 hours unless the employee receives compensation for employment in excess of 40 hours in a workweek at a rate of not less than 1 1/2 times the hourly wage rate at which the employee is employed.

(2) An overtime provision does not apply for farm workers.

(3) Employers of students at an amusement or recreational area that operates on a seasonal basis who furnish the students with board, lodging, or other facilities may not employ the students for a workweek longer than 48 hours, unless the students receive compensation for their employment in excess of 48 hours in a workweek at a rate of not less than 1 1/2 times the hourly wage rate at which they are employed.

(4) The application of the overtime provisions of subsection (1) to the employment of firefighters and law enforcement officers by the state must be consistent with the Fair Labor Standards Act of 1938, as amended, and consistent with regulations promulgated under the act.

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(b); amd. Sec. 1, Ch. 71, L. 2001.

Notes of Decisions
Cited in 20 cases, 1980–2015 · leading case: Berry v. KRTV Commc'ns, Inc., 865 P.2d 1104 (Mont. 1993).
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Berry v. KRTV Commc'ns, Inc., 865 P.2d 1104 (Mont. 1993). · cites it 20× “§§ 201 through 219 (1988), and therefore, that he was not entitled to benefits for overtime work pursuant to § 39-3-405, MCA, of Montana's Minimum Wage and Maximum Hour Act? 2.”
Wage Claims of Stewart v. Region II Child & Fam. Servs., 788 P.2d 913 (Mont. 1990). · cites it 6× “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. Also like the F.L.S.A., the M.”
Terry v. Bd. of Regents of Higher Educ., 714 P.2d 151 (Mont. 1986). · cites it 18× “The District Court upheld an administrative decision of the Labor Standards Division and determined that the plaintiff was a farm worker and an employee employed in agriculture and therefore exempt from the overtime provision of Section 39-3-405(1), MCA. On appeal, plaintiff…”
Craver v. Waste Mgmt. Ptrs. of Bozeman, 874 P.2d 1 (Mont. 1994). · cites it 6× “According to § 39-3-405, MCA, Montana’s overtime compensation law, generally an employer is required to pay employees who work over forty hours per week one and one-half times their regular, hourly wage for overtime hours worked.”
Kearney v. KXLF Commc'ns, Inc., 869 P.2d 772 (Mont. 1994). · cites it 4× “§§ 201 through 219 (1988), and therefore, was not entitled to overtime compensation pursuant to § 39-3-405, MCA, of Montana’s Minimum Wage and Maximum Hour Act.”
Boegli v. Glacier Mountain Cheese Co., 777 P.2d 1303 (Mont. 1989). · cites it 4× “The issue is whether plaintiffs denied overtime compensation under § 39-3-405, MCA, must seek relief exclusively from the Commissioner of Labor under the provisions of Title 39, Chapter 3, MCA, entitled, “Wages and Wage Compensation.”
Lewis v. B & B Pawnbrokers, Inc., 1998 MT 302 (Mont. 1998). · cites it 4× “" Section 39-3-405(1), MCA. ¶ 28. Lewis contends that the District Court erred in upholding the Department's use of the fluctuating workweek method, and that this error resulted in Lewis' unpaid overtime compensation being improperly computed.”
Thompson v. J.C. Billion, Inc., 2013 MT 20 (Mont. 2013). · cites it 2× “§ 207 (a)(1) (2006); § 39-3-405, MCA (2009). Federal and *304 Montana law exempt from the overtime pay requirement a “salesperson” engaged in “selling or servicing automobiles” if employed at an automotive dealership.”
Wage Claim of Holbeck v. Stevi-West, Inc., 783 P.2d 391 (Mont. 1989). · cites it 3× “Section 39-3-405(1), MCA. Among the employees excluded from this general rule are those employed in a bona fide executive capacity.”
Stimac v. State, 812 P.2d 1246 (Mont. 1991). · cites it 2× “As originally filed, the complaint alleged that the State violated § 39-3-405, MCA, by refusing to pay plaintiffs overtime compensation for work weeks in excess of 40 hours per week, and § 39-4-107, MCA, by requiring plaintiffs to work in excess of eight hours a day.”
Phillips v. Lake Cnty., 721 P.2d 326 (Mont. 1986). · cites it 18× “MORRISON, Justice, dissenting: I respectfully dissent from the majority opinion and would hold that the deputies are entitled to the overtime provisions of § 39-3-405, MCA, which provides that no employer shall employ any employees for workweek longer than 40 hours unless that…”
Celmer v. Schmitt, 645 P.2d 946 (Mont. 1982). · cites it 3× “The record reveals he was hired with the understanding he would be an agricultural employee and would have to perform any function required of him from Schmitt’s livestock, grain and meat production enterprise.”
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Mont. Code Ann. § 39-3-405(1): 7 cases
Terry v. Bd. of Regents of Higher Educ., 714 P.2d 151 (Mont. 1986). “The District Court upheld an administrative decision of the Labor Standards Division and determined that the plaintiff was a farm worker and an employee employed in agriculture and therefore exempt from the overtime provision of Section 39-3-405(1), MCA. On appeal, plaintiff…”
Wage Claim of Holbeck v. Stevi-West, Inc., 783 P.2d 391 (Mont. 1989). “Section 39-3-405(1), MCA. Among the employees excluded from this general rule are those employed in a bona fide executive capacity.”
Lewis v. B & B Pawnbrokers, Inc., 1998 MT 302 (Mont. 1998). “" Section 39-3-405(1), MCA. ¶ 28. Lewis contends that the District Court erred in upholding the Department's use of the fluctuating workweek method, and that this error resulted in Lewis' unpaid overtime compensation being improperly computed.”
Lewis v. B & B Pawnbrokers, Inc., 1998 MT 302 (Mont. 1998).
State v. Wilson, 614 P.2d 1066 (Mont. 1980).
Mont. Code Ann. § 39-3-405(2): 4 cases
Craver v. Waste Mgmt. Ptrs. of Bozeman, 874 P.2d 1 (Mont. 1994). “According to § 39-3-405, MCA, Montana’s overtime compensation law, generally an employer is required to pay employees who work over forty hours per week one and one-half times their regular, hourly wage for overtime hours worked.”
Terry v. Bd. of Regents of Higher Educ., 714 P.2d 151 (Mont. 1986). “The District Court upheld an administrative decision of the Labor Standards Division and determined that the plaintiff was a farm worker and an employee employed in agriculture and therefore exempt from the overtime provision of Section 39-3-405(1), MCA. On appeal, plaintiff…”
Lewis v. B & B Pawnbrokers, Inc., 1998 MT 302 (Mont. 1998). “" Section 39-3-405(1), MCA. ¶ 28. Lewis contends that the District Court erred in upholding the Department's use of the fluctuating workweek method, and that this error resulted in Lewis' unpaid overtime compensation being improperly computed.”
Lewis v. B & B Pawnbrokers, Inc., 1998 MT 302 (Mont. 1998).
Mont. Code Ann. § 39-3-405(3): 1 case
Craver v. Waste Mgmt. Ptrs. of Bozeman, 874 P.2d 1 (Mont. 1994). “According to § 39-3-405, MCA, Montana’s overtime compensation law, generally an employer is required to pay employees who work over forty hours per week one and one-half times their regular, hourly wage for overtime hours worked.”
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