39-3-409. Adoption of minimum wage rates — exception. (1) The minimum wage, except as provided in subsection (3), must be the greater of either:

Need help with an employment contract?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In Montana Code 39-3-409

  • Employee: means an individual employed by an employer. See Montana Code 39-3-402
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • wage: includes the reasonable cost to the employer of furnishing the employee with lodging or any other facility if the lodging or other facility is customarily furnished by the employer to employees. See Montana Code 39-3-402

(a)the minimum hourly wage rate as provided under the federal Fair Labor Standards Act of 1938 (29 U.S.C. § 206(a)(1)), excluding the value of tips received by the employee and the special provisions for a training wage; or

(b)$6.15 an hour, excluding the value of tips received by the employee and the special provisions for a training wage.

(2)(a) The minimum wage is subject to a cost-of-living adjustment, as provided in subsection (2)(b).

(b)No later than September 30 of each year, an adjustment of the wage amount specified in subsection (1) must be made based upon the increase, if any, from August of the preceding year to August of the year in which the calculation is made in the consumer price index, U.S. city average, all urban consumers, for all items, as published by the bureau of labor statistics of the United States department of labor.

(c)The wage amount established under this subsection (2):

(i)must be rounded to the nearest 5 cents; and

(ii)becomes effective as the new minimum wage, replacing the dollar figure specified in subsection (1), on January 1 of the following year.

(3)The minimum wage rate for a business whose annual gross sales are $110,000 or less is $4 an hour.