Montana overtime law matches the federal FLSA: 1.5 times pay after 40 hours a week, no daily overtime rule. Enter your rate and hours for an accurate Montana paycheck estimate.
Rules verified November 2026 · Sources: U.S. Department of Labor, Montana Department of Labor and Industry
By Mudassir Khan
Montana overtime law is essentially the same as the federal Fair Labor Standards Act: 1.5 times the regular rate for hours over 40 in a workweek, with no daily overtime rule. The 2026 minimum wage is $10.85 an hour with no tip credit, and wage claims go to the Montana Department of Labor and Industry.
Federal FLSA rules, Montana framing. Each workweek stands alone.
Montana wage claims go to the Department of Labor and Industry; file within 180 days. Estimates only. Not tax, legal, or payroll advice. Confirm with your employer or a qualified professional.
Montana's overtime law is essentially the same as the federal provision: hours over 40 in a workweek earn 1.5 times the regular rate. No daily overtime and no stricter weekly rule sit on top of it.
The minimum wage rose to $10.85 on January 1, 2026, indexed to inflation each year. Montana allows no tip credit, so tipped workers earn the full $10.85 cash before tips, and $11.20 is already set for 2027.
A wage claim must reach the Department of Labor and Industry within 180 days of the missed pay. Once filed, you can recover 2 years back, or 3 if the employer has violated wage law before.
Gross = (40 × rate) + (hours over 40 × rate × 1.5)
| Rule | Montana |
|---|---|
| Overtime rule | State law matches the FLSA: 1.5 times pay after 40 hours in a workweek |
| Minimum wage 2026 | $10.85 an hour from January 1, 2026 (no tip credit; tipped workers earn the full rate; $11.20 set for 2027) |
| State income tax | Graduated, top 5.65% in 2026 |
| Claim agency | Montana Department of Labor and Industry, Employment Standards Division |
| Claim deadline | File within 180 days; recover 2 years back, 3 for repeat violators |
| Worker | Math | Gross |
|---|---|---|
| $10.85/hr, 44 hours | $434.00 + $65.10 | $499.10 |
| $29/hr, 48 hours | $1,160 + 8 × $43.50 | $1,508.00 |
| $22/hr, 55 hours | $880 + 15 × $33 | $1,375.00 |
| $10.85/hr, 40 hours | 40 × $10.85, no overtime | $434.00 |
Example 1 runs off the 2026 minimum wage: 44 hours pays $434 in regular pay plus 4 overtime hours at $16.28. A tipped server uses the same $10.85 cash base, because Montana has no tip credit.
No tip credit changes the math. Montana is one of seven states that forbid the tip credit. A server's overtime rate is 1.5 times the full $10.85, not 1.5 times a lower cash wage, so tipped overtime pays more here than in tip credit states.
The wage indexes itself. The Department of Labor and Industry adjusts the minimum wage each September 30 based on the CPI, rounded to the nearest 5 cents. The 2026 calculation landed at $10.85, and $11.20 is already announced for 2027.
180 days is the gate, not the recovery. The filing deadline is strict, but the recovery window behind it is generous: 2 years of back wages, or 3 when the employer is a repeat violator. File early to keep both.
Like Montana, North Dakota runs on federal overtime math: our North Dakota overtime calculator shows the same rules at a $7.25 floor, and the Idaho overtime calculator covers another western neighbor. The federal baseline is explained in the FLSA overtime rules guide.
State law is essentially the same as the federal provision: 1.5 times the regular rate for hours over 40 in a workweek, for nonexempt employees. There is no daily overtime rule.
With the Employment Standards Division of the Montana Department of Labor and Industry, within 180 days of the missed pay. You can recover 2 years back, or 3 if the employer is a repeat violator.
$10.85 an hour from January 1, 2026, with no tip credit, so tipped workers earn the full rate in cash. $11.20 is already set for 2027.
No. Montana has no daily overtime rule. Only the weekly line matters: hours over 40 in a workweek earn 1.5 times the regular rate, no matter how long any single day was.
Yes, as ordinary wage income. The top individual rate is 5.65% in 2026.
Yes, if nonexempt. A salary alone does not remove overtime rights in Montana. Only employees who pass the FLSA exempt duties and salary tests can be denied overtime pay.
Rates and rules checked against these sources in November 2026.
Want the same math without the Montana framing? Use the overtime pay calculator. Want the same math without the Montana framing? Use the overtime pay calculator. Curious what the no tax on overtime deduction does to a Montana paycheck? Try the deduction calculator, with a 5.65% top state rate the federal deduction matters here.