Exemptions: Overtime & minimum wage - Montana

Summary of differences between federal and state regulations

Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees.

To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.

These salary minimum does not apply to outside sales employees, teachers, and employees practicing law or medicine. Exempt computer employees may be paid at least $684 on a salary basis or on an hourly basis at a rate not less than $27.63 an hour.

The following individuals are exempt from Montana minimum wage and overtime provisions: agricultural workers, domestics, persons employed in an executive, administrative or professional position, and foster parents. In addition, the following are exempt from Montana overtime provisions: outside buyers of  poultry, eggs or milk, commissioned sales people, parts person or mechanics employed at establishments that sell cars, trucks or mobile homes, trailer, boat or airplane sales people, commissioned radio or TV advertising sales people, drivers and drivers' helpers making local deliveries, agricultural workers, taxi drivers, employees of small forestry operations, police officers under certain conditions, and announcers, news editors and chief engineers at radio stations.

Montana adopted the federal white collar overtime regulations by reference, but did not recognize the exemption category for computer employees.

State

Contact

Labor Standards Bureau

Regulations

Title 39. Labor
Chapter 3. Wages and Wage Protection
Part 4. Minimum Wage and Overtime Compensation
39-3-406. Exclusions

http://leg.mt.gov/bills/mca/39/3/39-3-406.htm

“(j) an individual employed in a bona fide executive, administrative, or professional capacity, as these terms are defined by regulations of the commissioner, or in an outside sales capacity pursuant to 29 CFR 541.500;”

39-3-405. Overtime compensation

http://leg.mt.gov/bills/mca/39/3/39-3-405.htm

Administrative Rules of Montana, Chapter 24.16, Section 24.16.211, Executive, Administrative And Professional Employees

www.mtrules.org/gateway/RuleNo.asp?rn=24%2E16%2E211

Federal

Contact

The Department of Labor is the federal agency that monitors hours worked.

Regulations

Regulations for exempt employees can be found in CFR 29 Part 541, Defining And Delimiting The Exemptions For Executive, Administrative, Professional, Computer And Outside Sales Employees