Montana Code Annotated

Mont. Code Ann. § 39-3-408 (2026)

Provisions Cumulative

✓ current as of May 2026

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TITLE 39. LABOR

CHAPTER 3. WAGES AND WAGE PROTECTION

Part 4. Minimum Wage and Overtime Compensation

Provisions Cumulative

39-3-408. Provisions cumulative. (1) The provisions of this part are in addition to other provisions provided by law for the payment and collection of wages and salaries and are applicable to employees of the state of Montana, except that the penalty provisions of 39-3-206 do not apply to minimum wage and overtime claims that are subject to the Fair Labor Standards Act of 1938, in which case liquidated damages as determined under the Fair Labor Standards Act of 1938 apply.

(2) Sections 39-3-402 and 39-3-404 apply to an employee covered by the Fair Labor Standards Act of 1938 if state law provides a minimum wage that is higher than the minimum wage established under federal law.

History: En. Sec. 7, Ch. 417, L. 1971; amd. Sec. 3, Ch. 363, L. 1973; R.C.M. 1947, 41-2307; amd. Sec. 2, Ch. 446, L. 1987; amd. Sec. 3, Ch. 71, L. 2001.

Notes of Decisions

Cited in 8 cases, 1989–2010 · 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 50× “The District Court concluded that, although covered by the FLSA, KRTV was not required to pay Berry overtime benefits under that Act based on the exemption provided in 29 U.”

Wage Claims of Stewart v. Region II Child & Fam. Servs., 788 P.2d 913 (Mont. 1990). · cites it 28× “] shall be in addition to other provisions now provided by law for the payment and collection of wages and salaries but shall not apply to employees covered by the Fair Labor Standards Act.”

Boegli v. Glacier Mountain Cheese Co., 777 P.2d 1303 (Mont. 1989). · cites it 18× “” Plaintiffs rely primarily upon this- last statute, § 39-3-408, MCA, which they contend makes the remedy provisions of Title 39, Chapter 3 cumulative so that exhaustion of administrative remedies is not required.”

Wage Claims of Babinecz v. Montana High. Patrol, 2003 MT 107 (Mont. 2003). · cites it 19× “The District Court concluded that Montana had not waived sovereign immunity from suit pursuant to the FLSA as required by Alden , and that, therefore, the Officers were not “covered” by the FLSA as contemplated by § 39-3-408, MCA (1995). Consequently, the District Court…”

Von Petersdorff v. Kenyon Noble Lumber Co., 2004 MT 382 (Mont. 2004). · cites it 9× “¶6 Kenyon Noble moved for summary judgment, claiming that Von Petersdorff chose his remedy at the administrative level, lost on the merits, failed to exhaust that remedy, and should therefore be precluded from resurrecting his claim in a new forum.”

Stanley v. Holms, 883 P.2d 837 (Mont. 1994). · cites it 8× “We reversed, and concluded that § 39-3-408, MCA, was clear and unambiguous in its designation of cumulative remedies.”

Brown v. Ford Storage & Moving Co., 224 P.3d 593 (Kan. Ct. App. 2010). “The relevant statute, Mont. Code Ann. § 39-3-408 (1) (1993), read: “ ‘The provisions of this part shall be in addition to other provisions now provided by law for the payment and collection of wages and salaries but shall not apply to employees covered by the’ [FLSA, except that…”

Brown v. Ford Storage & Moving Co., Inc., 224 P.3d 593 (Kan. Ct. App. 2010). “The relevant statute, Mont.Code Ann. § 39-3-408(1) (1993), read: "`The provisions of this part shall be in addition to other provisions now provided by law for the payment and collection of wages and salaries but shall not apply to employees covered by the' [FLSA, except that…”

— Mont. Code Ann. § 39-3-408(1) — 3 cases

Berry v. KRTV Commc'ns, Inc., 865 P.2d 1104 (Mont. 1993). “The District Court concluded that, although covered by the FLSA, KRTV was not required to pay Berry overtime benefits under that Act based on the exemption provided in 29 U.”

Boegli v. Glacier Mountain Cheese Co., 777 P.2d 1303 (Mont. 1989). “” Plaintiffs rely primarily upon this- last statute, § 39-3-408, MCA, which they contend makes the remedy provisions of Title 39, Chapter 3 cumulative so that exhaustion of administrative remedies is not required.”

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