Employees can legally be required to work any amount of overtime by their employers under the Montana mandatory overtime laws. An employer can require an employee to work a 16-hour shift, or even a shift of 24 or more hours, with or without advanced notice. Employees can be required to come in on their days off, or to work on weekends and holidays. An employee who refuses to work overtime may be fired.

Most employees are entitled to “overtime pay” of 1.5 times their usual hourly rate when they work more than 40 hours per week. A recent federal law, called the FairPay act, entitles salaried employees who earn less than $455 per week to overtime pay. Depending upon their job descriptions, many other salaried employees may be entitled to overtime pay under federal law.

While many employees are entitled to overtime pay under the Montana mandatory overtime laws, there are a host of jobs that are excluded. These employees may be required to work overtime, but do not have to be paid more than their regular rate. These positions include farm workers, taxi drivers, loggers, and outside sales people.  Students who are furnished with board or lodging at seasonal recreation or amusement areas must be receive overtime pay after 48 hours in a single work week.

Interstate transportation workers are excluded from overtime payments, as well as outside poultry and dairy buyers, vehicle salespeople, and parts clerks. Employees of licensed outfitters including guides, cooks, camp tenders and livestock handlers are exempt from overtime. Emergency workers including law enforcement, firefighters, municipal and county employees, hospital workers, and public safety employees are excluded. Retail employees who are paid a commission plus an hourly rate at least 1.5 times the minimum wage are not entitled to overtime. Radio employees are excluded, but only in smaller towns.

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This entry was posted on Friday, November 24th, 2006 at 11:06 am and is filed under Labor & Employment Laws, Mandatory Overtime Laws. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.