Montana Fast Food & Counter Worker Overtime & Pay Rules
Side-by-side statutory audit of Fast Food & Counter Worker hourly wages, 1.5x overtime thresholds, shift benchmarks ($16.50/hr median), and meal break penalty pay under MCA § 39-3-409.
Managing payroll or shift workers in MONTANA?
Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.
Montana Fast Food & Counter Worker Paycheck Calculator
Advanced Tax & Paycheck Deductions (Optional) ▼
Managing payroll or shift workers in MONTANA?
Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.
In Montana, a Fast Food & Counter Worker is entitled to a minimum statutory base wage of $10.30/hr (State industry median: $16.50/hr). Overtime is calculated at 1.5x regular rate after 40 hours per week under MCA § 39-3-409.
Visual Pay Composition Breakdown
FLSA Exemption & Overtime Rules for Fast Food & Counter Workers in Montana
Non-Exempt (Eligible for 1.5x Overtime & Fast Food Minimum Wage Badges)
Non-exempt hourly position under FLSA § 213. California AB 1228 mandates a $20.00/hr fast food minimum wage across all major fast food chains.
Montana Statutory Wage & Overtime Authority
Statutory Legal Citation: MCA § 39-3-409
Montana minimum wage is $10.30/hr. Tip credits are strictly illegal under Montana state law; full minimum wage must be paid directly.
Employee Statutory Rights (MT)
- ✓ Prohibition of tip credits; full $10.30/hr minimum wage paid directly.
- ✓ 1.5x regular pay for hours over 40 per workweek.
- ✓ Protection under Montana Wrongful Discharge from Employment Act.
Employer Mandatory Obligations (MT)
- § Pay full direct cash wage of $10.30/hr before tips.
- § Pay wages within 10 days of end of pay period.
- § Provide itemized pay stub.
Montana Statutory Wage & Overtime FAQs
What is the minimum wage in Montana for 2026? ↓
Under statutory citation MCA § 39-3-409, the 2026 minimum wage in Montana is $10.30 per hour. Employers paying below this baseline face Department of Labor back-pay audits and statutory interest penalties.
Does Montana mandate daily overtime pay? ↓
Montana follows the standard federal FLSA rule (Title 29 U.S.C. § 207). Overtime is calculated weekly for hours exceeding 40 hours in a 7-day workweek with no daily cap.
Can employers in Montana take a tip credit against wage rates? ↓
Montana strictly prohibits tip credits. Employers must pay tipped staff the full statutory minimum wage of $10.30/hr in direct cash pay before tips.
Common Montana Payroll Compliance Traps & Audit Penalties
Attempting tip credit deductions against Montana minimum wage.
Delayed final paychecks.
Misclassifying exempt executive staff.
Managing payroll or shift workers in Montana?
Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.
Audit Montana Fast Food & Counter Worker Overtime & Pay
Verify 2026 statutory minimum wage floors, 1.5x overtime thresholds, and meal break penalties for Fast Food & Counter Workers in Montana.