Montana · Unpaid wages · Updated Oct 2026

Montana wage claims: how to get your unpaid pay

Not paid for all your hours, no overtime, or no final paycheck? Here is Montana’s minimum wage, the final-paycheck rules, the deadlines and where to file, in plain English.

$10.85minimum wage in 2026
$10.85tipped cash wage
Nodaily overtime
See the rulesfinal pay if fired
180 daystime limit to file (see details)

Where to file in Montana

Wage claims in Montana go to this state office. Filing is usually free.

Office
Montana Department of Labor & Industry (DLI) - Employment Standards Division (Wage and Hour)
Phone
406-444-6543
Languages
Minimum wage poster in Spanish
File onlineOfficial wage claim page

For federal minimum wage and overtime you can also contact the US Department of Labor, Wage and Hour Division: 1-866-487-9243. How federal claims work.

How to file a wage claim in Montana

  1. Gather your records

    Dates and hours worked, your pay rate, pay stubs or bank deposits, texts or schedules, and the employer's name and address.

  2. Ask in writing first (optional)

    A demand letter gives your employer a deadline to pay and shows you tried. Use the free letter on this page.

  3. File with Montana Department of Labor & Industry

    First try to resolve it with your employer. Then file a free wage claim with the Department of Labor & Industry through its online Wage and Hour Portal (launched 2026), or on a paper form from any Job Service office (you can also ask for a form by e-mailing [email protected] or calling 406-444-6543). Attach pay stubs, timecards or messages and explain how you figured the amount. DLI reviews the claim, may try mediation, and holds a hearing if it cannot be settled. Instead of DLI, you can sue in District Court.

  4. Watch the deadline

    File within 180 days after the employer failed or delayed paying you (MCA 39-3-207(1)). You can recover wages for up to 2 years before your last day of work (or before filing, if still employed), or 3 years if the employer has repeated violations (MCA 39-3-207(2)-(3)).

Minimum wage and overtime in Montana

Montana's minimum wage is $10.85 an hour in 2026. It is adjusted for inflation every year and rises to $11.20 on January 1, 2027. A business not covered by federal law with $110,000 or less in yearly sales may pay $4.00, but any worker covered by the federal FLSA must get the higher state or federal rate. No tip credit, meal credit or training wage is allowed.

Minimum wage (2026)
$10.85
Tipped cash wage
$10.85
Next change
$11.20 on January 1, 2027

Overtime

You must get 1.5 times your hourly rate for hours over 40 in a workweek. There is no daily overtime. Farm workers are not covered by state overtime; students at seasonal amusement or recreation areas who get room and board get overtime after 48 hours.

Paydays: Wages may not be held more than 10 business days after they are due. If the employer has no set payday, the pay period is presumed to be twice a month (MCA 39-3-204).

Your final paycheck in Montana

If you are fired or laid off
If you are fired for cause or laid off: immediately, unless the employer has a written personnel policy allowing payment by the next regular payday or within 15 days, whichever comes first. Any other separation: by the next regular payday for the pay period you last worked, or within 15 days, whichever comes first.
If you quit
By the next regular payday for the pay period you last worked, or within 15 days, whichever comes first; by mail if you ask.
Law
MCA 39-3-205

When was your final paycheck due in Montana?

Enter how your job ended and your last day of work. We show your state’s rule and, when the rule is a simple number of days or your next payday, the date.

Enter your last day of workThe result appears when you pick a date.

Dates are approximate: we skip weekends for business and working days but not holidays. Nothing you type here is sent anywhere.

Penalties your employer may owe

An employer who pays late or breaks the wage payment rules must pay you a penalty of up to 110% of the unpaid wages, on top of the wages, and commits a misdemeanor (MCA 39-3-206).

Retaliation and immigration status

Montana's Wrongful Discharge from Employment Act makes a firing wrongful if it was in retaliation for reporting a violation of public policy or refusing to violate it (MCA 39-2-904(1)(a)). Federal law (FLSA) also protects you from retaliation for wage complaints.

Federal law also makes it illegal to fire or punish you for filing a wage complaint or cooperating in an investigation (US DOL Fact Sheet #77A).

The US Department of Labor’s Wage and Hour Division enforces federal wage law without regard to immigration status, and its services are free and confidential whether you are documented or not (US DOL).

Deductions and tips

Deductions are allowed only when required by law (taxes, garnishments) or for board, lodging or other incidentals that are a condition of the job (MCA 39-3-204); the DLI says your employer cannot make you pay for damage, mistakes or cash-register shortages (DLI Wage and Hour FAQ). Tips belong to you and cannot be counted toward your wage (DLI Wage and Hour FAQ).

Good to know in Montana

  • The 180-day filing window is short - file soon after you are not paid (MCA 39-3-207).
  • Montana has no tip credit: tipped workers must get the full $10.85 an hour plus their tips.
  • If you are fired for alleged theft, the employer can hold back pay only with your written OK or after reporting it to police within 7 business days; if no charges are filed within 30 days, the money is due (MCA 39-3-205(3)).

Forms

Wage-theft calculator for Montana

Work out what you should have been paid: at least the minimum wage for every hour, plus overtime. Then compare it with what you got.

If a higher city or county minimum wage applies where you work, enter that rate if it is more than you were promised.

Before taxes, if you know it. Leave it empty to see only what you were owed.

Fill in your pay, hours and weeksThe result appears as you type.

Montana overtime rule: You must get 1.5 times your hourly rate for hours over 40 in a workweek. There is no daily overtime. Farm workers are not covered by state overtime; students at seasonal amusement or recreation areas who get room and board get overtime after 48 hours.

Penalties your employer may also owe in Montana: An employer who pays late or breaks the wage payment rules must pay you a penalty of up to 110% of the unpaid wages, on top of the wages, and commits a misdemeanor (MCA 39-3-206).

Tipped workers: this calculator does not count tips. In many states your employer may pay a lower cash wage if your tips make up the difference to the minimum wage; see your state’s page.

An estimate from the numbers you enter and Montana’s rules, not legal advice. Nothing you type in this calculator is sent anywhere.

Free demand letter for unpaid wages

A short, firm letter asking your employer to pay what it owes by a deadline. Many workers get paid at this step, and in some states a written demand starts penalties or makes the employer pay your attorney fees later. Fill this in, then download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail or an email you keep.

When you download or copy the letter, the details you typed are saved on our server. See our privacy policy.

The name on your pay stubs, checks or the business sign. If you only know the owner’s name, use that.

Use the calculator above if you are not sure.

We suggest 10 days.

What were you not paid? (required)

One or two sentences with dates, hours and amounts.

Questions about wage claims in Montana

Where do I file a wage claim in Montana?

With Montana Department of Labor & Industry (DLI) - Employment Standards Division (Wage and Hour). Phone: 406-444-6543. First try to resolve it with your employer. Then file a free wage claim with the Department of Labor & Industry through its online Wage and Hour Portal (launched 2026), or on a paper form from any Job Service office (you can also ask for a form by e-mailing [email protected] or calling 406-444-6543). Attach pay stubs, timecards or messages and explain how you figured the amount. DLI reviews the claim, may try mediation, and holds a hearing if it cannot be settled. Instead of DLI, you can sue in District Court.

What is the minimum wage in Montana in 2026?

Montana's minimum wage is $10.85 an hour in 2026. It is adjusted for inflation every year and rises to $11.20 on January 1, 2027. A business not covered by federal law with $110,000 or less in yearly sales may pay $4.00, but any worker covered by the federal FLSA must get the higher state or federal rate. No tip credit, meal credit or training wage is allowed.

Does Montana have daily overtime?

You must get 1.5 times your hourly rate for hours over 40 in a workweek. There is no daily overtime. Farm workers are not covered by state overtime; students at seasonal amusement or recreation areas who get room and board get overtime after 48 hours.

When is my final paycheck due in Montana if I'm fired?

If you are fired for cause or laid off: immediately, unless the employer has a written personnel policy allowing payment by the next regular payday or within 15 days, whichever comes first. Any other separation: by the next regular payday for the pay period you last worked, or within 15 days, whichever comes first.

When is my final paycheck due in Montana if I quit?

By the next regular payday for the pay period you last worked, or within 15 days, whichever comes first; by mail if you ask.

How long do I have to file a wage claim in Montana?

File within 180 days after the employer failed or delayed paying you (MCA 39-3-207(1)). You can recover wages for up to 2 years before your last day of work (or before filing, if still employed), or 3 years if the employer has repeated violations (MCA 39-3-207(2)-(3)).

What can my employer owe besides my wages in Montana?

An employer who pays late or breaks the wage payment rules must pay you a penalty of up to 110% of the unpaid wages, on top of the wages, and commits a misdemeanor (MCA 39-3-206).

Can my employer fire me for filing a wage claim in Montana?

Montana's Wrongful Discharge from Employment Act makes a firing wrongful if it was in retaliation for reporting a violation of public policy or refusing to violate it (MCA 39-2-904(1)(a)). Federal law (FLSA) also protects you from retaliation for wage complaints.

Employer still won't pay? Small claims court is often the next step for amounts under the state limit.

Small claims in Montana
Sources

Last checked: Oct 2026.

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