Millions Recovered
For Unpaid Workers
Montana bans tip credits, indexes its minimum wage every year, and adds a penalty of up to 110% of unpaid wages on top of what you're owed.
No fees unless we win. We only get paid when you do.
Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).
Montana law adds a penalty of up to 110% of the wages due on top of your unpaid wages (MCA § 39-3-206) — more than doubling what the employer owes. Montana also bans tip credits entirely and is famous as the only state with "good cause" protection against wrongful discharge.
| Provision | Montana Law | Federal FLSA | Which Applies? |
|---|---|---|---|
| Overtime Threshold | 40 hours/week (MCA § 39-3-405) | 40 hours/week | Same standard |
| Minimum Wage | $10.85/hr (2026, CPI-adjusted annually) | $7.25/hr | Montana (50% higher) |
| Tip Credit | BANNED — tipped workers get full minimum wage | $2.13/hr allowed | Montana (no tip credit) |
| Penalty | Up to 110% of wages due (§ 39-3-206) | 100% liquidated (good-faith defense) | Montana (slightly stronger) |
| Statute of Limitations | Generally 2-3 years — act quickly | 2 years (3 if willful) | Similar — timing strategy matters |
| Wrongful Discharge | Only state requiring "good cause" to fire (WDEA) | At-will employment | Montana only |
MCA § 39-3-206
Unpaid wages in Montana carry a penalty of up to 110% of the amount due — the Department of Labor imposes it in standard wage determinations. $10,000 owed becomes a $21,000 claim.
MCA § 39-3-402
Montana employers must pay tipped workers the full minimum wage before tips. Any "tipped wage" below $10.85 is an automatic violation.
FLSA § 778.112
Bakken-area crews and hard-rock miners paid day rates for 60+ hour weeks are almost always owed overtime on top — the day rate covers straight time only.
FLSA + MCA § 39-3-405
Unpaid travel to remote sites, pre-shift safety meetings, gear-up time, and on-call hours are compensable across Montana's energy, agriculture, and tourism economies.
29 C.F.R. Part 541
A salary and a title don't eliminate overtime rights. You must earn at least $684/week AND perform true executive, administrative, or professional duties.
FLSA economic reality test + MT ICEC
Montana requires independent contractors to hold an ICEC certificate or their own workers' comp coverage. Workers without one who are controlled like employees are likely misclassified — and owed overtime.
Violations: Day rates without overtime, misclassified consultants, unpaid travel to remote well sites in eastern Montana.
Violations: Portal-to-portal travel time, unpaid safety meetings and gear-up, shift-change overlap worked for free.
Violations: Illegal tipped wages (no tip credit in MT!), unpaid prep work, seasonal resort workers misclassified around Yellowstone and Glacier.
Violations: Misapplied agricultural exemptions, unpaid equipment maintenance time, day rates for processing workers.
Violations: Automatic lunch deductions, off-the-clock charting, unpaid travel for home health workers across rural Montana.
Violations: 1099 misclassification without ICEC certificates, day rates with no OT, unpaid travel between sites.
1.5x your regular rate over 40 hours; full minimum wage for tipped workers (no credit allowed)
A penalty up to 110% of the wages due (MCA § 39-3-206) — more than doubling the claim
FLSA claims add an equal amount on top of unpaid overtime where federal law applies
The employer pays your legal fees separately — not from your recovery
Montana wage claims generally reach back 2 to 3 years depending on the claim type. Every payday that passes, your oldest week falls off.
⚠️ Don't wait — you lose older claims as time passes!
Montana protects workers in ways no other state does — from the tip credit ban to the nation's only good-cause discharge law.
💼 Free Case Review — No Fee Unless We Win
Use the calculator above to estimate what you're owed, then tell us about your situation.
Expert legal review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.