Employment · Montana

Can I sue for unpaid overtime in Montana?

the short answer

Past 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Where do you report unpaid overtime in Montana?

free route

The Department of Labor and Industry takes an online wage claim, and it is one of the few state offices that says on its own page that it enforces the federal Fair Labor Standards Act as well as Montana's own wage and overtime law. The alternative it names is filing in District Court instead.

source ↗Not yet checked against the statute.

Which court hears a case like this in Montana?

which court

Small claims court

source ↗Not yet checked against the statute.

How much can you sue for in Montana small claims court?

small claims limit

$7,000

source ↗Not yet checked against the statute.

What else should you know in Montana?

also

The Department warns on the same page that nothing you send it is confidential, which is the opposite of the federal complaint route and worth knowing before you attach anything you would not want your employer to read.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

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