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Your rights / Montana

Montana: your rights at work

What Montana law adds on top of federal law for nurses and EMS, and who to call.

Every rule here was read on the statute, regulation or agency page it cites. Checked November 10, 2026.

General information, not legal advice. Laws change and your facts decide how they apply. Before you act, confirm with the agency listed here or with an employment lawyer or your union representative.

Who to call in Montana

Montana Department of Labor & Industry, Wage and Hour Unit Unpaid wages and state labor complaints.
Start a complaint
U.S. Department of Labor, Wage and Hour DivisionUnpaid wages and overtime, PUMP Act, FMLA.
Contact · 1-866-487-9243
OSHAPrivate-employer safety complaints, and retaliation for raising safety (30 days under the OSH Act). Public employees: see Unions and public employers.
Contact
Licensing boardsFor a complaint about your license.
Montana nursing · Montana EMS

Final paycheck

Fired for cause or laid off: your unpaid wages are due immediately, unless the employer has a written policy that pushes final pay to the next regular payday or 15 days, whichever comes first.

Who it covers: Employees of Montana employers other than the federal government.

Limits and exceptions to know (the law may have others; read the source):

  • If you're let go over alleged theft tied to your work, the employer can hold back the alleged amount, but only if you agree in writing or it reports the theft to police within 7 business days; if no charges are filed within 30 days of the report, the pay is due. (MCA 39-3-205(3))
  • Doesn't cover federal employees (for example VA or IHS staff): the law's definition of employer leaves out the United States. (MCA 39-3-201(5))
"when an employee is separated for cause or laid off from employment by the employer, all the unpaid wages of the employee are due and payable immediately upon separation unless the employer has a written personnel policy governing the employment that extends the time for payment"

MCA 39-3-205 · Checked November 10, 2026

Quit (or any other separation not covered by the fired/laid-off rule): your unpaid wages are due on the next regular payday for that pay period or within 15 days, whichever comes first. You can ask for it by mail.

Who it covers: Employees of Montana employers other than the federal government.

Limits and exceptions to know (the law may have others; read the source):

  • Doesn't cover federal employees (for example VA or IHS staff): the law's definition of employer leaves out the United States. (MCA 39-3-201(5))
"when an employee separates from the employ of any employer, all the unpaid wages of the employee are due and payable on the next regular payday for the pay period during which the employee was separated from employment or 15 days from the date of separation from employment, whichever occurs first"

MCA 39-3-205(1) · Checked November 10, 2026

Federal law still applies

For Montana we have not yet confirmed state rules on mandatory overtime, staffing ratios, plans and committees, meal and rest breaks. That does not mean Montana has no rule on them: we leave a topic off until we have read it at the source, and only federal rules are shown for it here.

Federal rules apply in Montana too:

State rules checked November 10, 2026.

Sources for this page

Statutes, regulations and agency pages only, each checked November 10, 2026. This page is free and no one paid to be on it.