Can my employer deduct from my wages?

Deductions are generally limited to those required by law (taxes, garnishments) or authorized in writing by the employee [§ 39-3-204]. Unauthorized deductions may violate state wage payment laws.

How do I file a wage claim?

You can file a complaint with the Montana Human Rights Bureau (HRB) or the U.S. Department of Labor Wage and Hour Division. An attorney can help determine the best approach for your situation.

Topic guideUpdated 2026-02-27

Montana Wage & Hour Claims — Minimum Wage, Overtime & Unpaid Wages

Minimum wage, overtime rules, wage payment requirements, and how to file a wage claim in Montana.

Montana has specific laws governing minimum wage, overtime, and the payment of wages §39-3-204.

Minimum Wage

Currently $10.85/hr (effective January 1, 2026, adjusted annually for inflation); $4/hr for a business whose annual gross sales are $110,000 or less §39-3-409.

Overtime

Montana follows federal FLSA overtime rules: 1.5x regular rate for hours over 40 in a workweek §39-3-405.

Wage Payment Requirements

Montana does not set a maximum pay-period length by statute; an employer may not withhold any wages earned or unpaid for longer than 10 business days after the wages are due and payable (final wages are governed separately by § 39-3-205). If there is no established time period or time when wages are due and payable, the pay period is presumed to be semimonthly §39-3-204.

Final Paycheck Rules

Final wages due immediately upon separation; if not paid immediately, employer must pay wages by the next regular payday §39-3-204.

Common Wage Violations

Failure to pay minimum wage

Unpaid overtime or misclassification of exempt/non-exempt status

Unauthorized deductions from wages

Failure to pay final wages on time

Misclassification of employees as independent contractors

Off-the-clock work requirements

How to File a Wage Claim

Gather documentation: pay stubs, time records, employment contract, and written communications about pay

File a complaint with the Montana Human Rights Bureau (HRB) or the U.S. Department of Labor

Consider whether your claim falls under state law, the FLSA, or both

Consult with an employment attorney for complex claims or class actions

⚠The Statute of limitations for wage claims is typically 2 years under the FLSA (3 years for willful violations). State deadlines may differ.

✓Keep your own records of hours worked, especially if your employer does not provide accurate time records. Personal logs and calendars can be powerful evidence.

Prepare for Your Consultation

Quick checklist (Employment Law)

Gather these before your first consultation.

Employment records

(pay stubs, contracts, offer letters)

Communication evidence

(emails, texts, performance reviews)

Witness information

(coworkers who can corroborate)

General preparation tips only. Specific needs depend on your state and employment situation.

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