Dealing With Unpaid Wages in Montana
My employer hasn't paid me — here's what Montana law says and what to do next.
Statute: Mont. Code § 39-3-205
Deadline: 3 days
Penalty: Employer may be liable for the unpaid wages plus a penalty equal to the employee's wages from the due date up to a maximum of 110% of the wages owed, plus attorney fees and costs
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Montana differs from federal law
Montana has a minimum wage above the federal level, adjusted annually for CPI:
- $10.30/hr as of January 1, 2024, with annual CPI adjustments
- Montana does not allow a tip credit — tipped employees must be paid the full minimum wage
- Businesses with gross annual sales of $110,000 or less may pay $4.00/hr (this exception applies to very few employers)
- The CPI adjustment was approved by voters in 2006 (Initiative 151)
- No Montana city has enacted a higher local minimum wage
Additional steps in Montana
File wage complaints with the Montana DLI at (406) 444-6543 or dli.mt.gov.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for Montana, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Montana.