Maximum Hours Law Summaries
27-1300 Montana, Maximum Hours Law Summaries The Montana Constitution has maximum hours provisions affecting all industries and employment (Article XII).
Montana's maximum hours law affecting specific employment is located in the Montana Code Annotated at Title 39, Chapter 4 (for full text, see Wages-Hours 27-44,011). Enforcement provisions of the Department of Labor and Industry are located at Title 39, Chapter 1.
Maximum hours provisions for alternative forms of local government are located at Title 7, Chapter 3.
Maximum hours provisions for municipal government are located at Title 7, Chapter 5.
Maximum hours provisions for minors are located at Title 41, Chapter 2. The full text of this law is available beginning at Wages-Hours 27-44,031.
WHAT THE EMPLOYER MUST DO
Under Article XII of the Montana Constitution, eight hours is the maximum for a workday in all industries and employment in Montana, except for agriculture and stock raising. The legislature has authority to change maximum hours in order to promote the general welfare (Sec. 2).
Child labor. --Note: For a complete summary of Montana's child labor law, see 27-1500 et seq.
Unless otherwise exempt or as provided below, a minor who is 14 or 15 years of age may not be employed more than: (a) three hours on a school day; (b) 18 hours in a school week; (c) eight hours on a nonschool day; or (d) 40 hours in a week in a nonschool week (Sec. 41-2-115(1)).
A minor who is 14 or 15 years of age and who is enrolled in and employed pursuant to a school-supervised and school-administered work experience or career exploration program approved by the Department of Labor and Industry or the Office of Public Instruction may be employed up to 23 hours in one week when the program is in session (Sec. 41-2-115(2)).
See 27-1500 for general exceptions to Montana's child labor law.
Domestic work. --Domestic servants may not work more than 10 hours a day (Sec. 39-2-604).
Restaurants. --Eight hours a day, 48 hours a week, is the maximum for persons employed in restaurants, cafes, lunch counters, and other commercial eating establishments. The hours of work must be so arranged that persons employed in such establishments are not on duty for more than a total of eight hours in any 12-hour period, and employees must be off duty for at least 12 consecutive hours. Exception is made when persons are working more than eight hours in 12 or more than 48 hours a week for the purpose of relieving another employee in case of sickness or in instances where the public health is threatened or where life and property are in imminent danger, or for other unforeseen cause or causes (Sec. 39-4-111).
Retail. --Eight hours a day, 48 hours a week is the maximum for the following retail workers: retail employees in cities and towns having a population of 2,500 or over; employees in all leased businesses where the lessor dictates the price, kind of merchandise that is sold, and the hours and conditions of operation of the business; all persons employed in delivering goods sold in such stores; all persons employed in wholesale warehouses used for supplying retail establishments with goods; and all persons employed in delivering goods to retail establishments from such wholesale warehouses. This does not apply to registered pharmacists or assistant pharmacists (Sec. 39-4-105).
Telephone operators. --Nine hours is the maximum telephone operators can work in a 24-hour period in cities or towns having a population of 3,000 or more people. This applies to employees who run or operate a telephone board or boards and to all lines of public telephones operated in whole or in part within Montana (Sec. 39-4-106).
Maximum hours provisions affecting telephone operators do not apply to the operation of any telephone board or boards for more than nine hours a day for the purpose of relieving another employee in case of sickness or unforeseen cause or causes (Sec. 39-4-106).
Mines. --Eight hours a day is the maximum for employees who work in underground mines or workings, including railroads or tunnels. Eight hours a day is also the maximum for employees who work in smelters, stamp mills, sampling works, concentrators, and all work involving reduction of ores and refining of ores and metals. Exception is made in emergencies when life or property is in imminent danger (Sec. 39-4-103).
Eight hours is the maximum for employees working in strip mining. Exception is made in emergencies when life or property is in danger (Sec. 39-4-104).
Eight hours a day is the maximum for hoisting engineers. Plants in continuous operation or that are operated for 16 hours or more a day, mines where a hoisting engine develops 15 or more horsepower, and mines where there are 15 or more persons employed underground in 24 hours of each day are affected. The eight-hour day provision does not apply when a person works more than eight hours to relieve another employee because of illness or for other unforeseen causes (Sec. 39-4-101).
Cement plants and quarries. --Eight hours of work is the maximum in cement plants and quarries, except in cases of emergency where life or property is in imminent danger (Sec. 39-4-109).
Sugar refineries. --Eight hours a day is the maximum for employees in sugar refineries, except in a case of emergency when life or property is in danger. This does not apply to beet receiving station employees or superintendents, master mechanics, or beet-end, sugar-end, and Steffan house foremen (Sec. 39-4-110).
Motor carriers. --Drivers or attendants (relief drivers and mechanics) of motor buses employed in Montana cannot be employed for more than eight hours in any 24-hour period. This does not apply to drivers or attendants employed by a city, town, county or political subdivision. Exception is made in times of emergency when life or property is in imminent danger, or in case of delay due to accident or impassable roads, abnormal road conditions, or snow blockades, or when mails for the drivers or attendants are delayed (Sec. 39-4-102).
Drivers or attendants of motor buses must be allowed a rest period of at least 12 hours before being returned to work (Sec. 39-4-102).
Public amusements. --Eight hours a day, 48 hours a week, is the maximum for employees working in and about any carnival, circus, derby show, walkathon, marathon dance, marathon race, marathon walk, or other endurance contest. Employees cannot be on duty for more than a total of eight hours in any consecutive 12-hour period and must be off duty for at least 12 consecutive hours (Sec. 39-4-112).
Maximum hours for public amusements do not apply to any traveling circus or carnival that does not remain in any one county of Montana for a period of more than three days and do not apply to any person or persons working more than eight hours in each 12 hours in order to relieve another employee because of illness or because a breakdown in machinery occurs or life or property is in imminent danger (Sec. 39-4-112).
Public employers. --Eight hours is a day's work in municipal and city government work, in state government work, in first-class school districts, and in contracted work, including work in the following occupations: janitors, except for in sixth and seventh-class county courthouses; engineers; firefighters; caretakers; custodians; and laborers. Eight hours is also a day's work in mills and smelters, for treatment of ores, and in underground mines, and in the washing, reducing, and treatment of coal. Exception is made in times of emergency when life or property is in imminent danger (Sec. 39-5-107).
Montana's maximum hour law providing for an eight-hour day in public employment does not apply to firefighters working under a collective bargaining agreement entered into between a public employer and a firefighters' organization or its representative (Sec. 39-4-107).
Counties having regular road and bridge departments can establish alternate workweeks of four, 10-hour days. Such work schedules can be established by the county commissioners with the approval of employees or the employees' representative. Employees cannot be required to work more than eight hours a day (Sec. 39-4-107).
Municipal and county government employers and employees can agree to a workday of more than eight hours and to a seven-day, 40-hour work period, either through a collective bargaining agreement or by mutual agreement (Sec. 39-4-107).
WHO TO CONTACT
Contact the Department of Labor and Industry, P.O. Box 1728, Helena, MT 59624-1728. Telephone: (406) 444-3555.
PENALTIES
Employers who violate provisions of Montana's maximum hours law affecting hours of labor and rest periods for motor bus drivers and attendants are guilty of a misdemeanor. Upon conviction, violators are subject to a fine of $100 to $600 or imprisonment of 30 days to seven months or both. Further, motor bus companies operating lines in Montana are liable in damages for all injuries resulting from violation of Montana's maximum hours law (Sec. 39-4-102).
Violation of Montana's maximum hours law affecting employees in cement plants and quarries is a misdemeanor. Upon conviction, violators are subject to a fine of $50 to $600 or imprisonment in the county jail of 30 days to seven months, or to both a fine and imprisonment (Sec. 39-4-109).
Violation of Montana's maximum hours law affecting restaurant workers is a misdemeanor. Upon conviction, violators are subject to a fine of $25 to $50 or imprisonment in county jail for 15 to 60 days, or to both a fine and imprisonment (Sec. 39-4-111).
Violation of Montana's maximum hours law affecting employees of retail stores is a misdemeanor. Upon conviction, violators are subject to a fine of $50 to $600 or imprisonment in the county jail of 30 days to seven months, or to both a fine and imprisonment (Sec. 39-4-105).
Violation of Montana's maximum hours law affecting sugar refineries is a misdemeanor. Upon conviction, violators are subject to a fine of $50 to $600 or imprisonment in the county jail for 30 days to seven months, or to both a fine and imprisonment (Sec. 39-4-110).
Violators of Montana's maximum hours law affecting telephone operators are subject to a fine of $100 to $500. Each day of violation is a separate and distinct offense (Sec. 39-4-106).
Violation of Montana's maximum hours law affecting employees working in public amusements is a misdemeanor. Upon conviction of a first offense, violators are subject to a fine of up to $50. For a second offense, violators are subject to a fine of $100 to $500 or imprisonment in the county jail of 90 days to six months, or to both a fine and imprisonment. For a third or subsequent offense, violators are subject to a fine of $500 and imprisonment in the county jail for six months. Each day of a violation is a separate offense (Sec. 39-4-112).
Violation of Montana's maximum hours law affecting workers in underground mines and smelters is a misdemeanor. Upon conviction, violators are subject to a fine of $100 to $600 for each offense, or imprisonment in the county jail for one to seven months, or to both a fine and imprisonment (Sec. 39-4-103).
Violators of Montana's maximum hours law affecting strip miners are subject to a fine of $50 to $600 or imprisonment of 30 days to seven months, or to both a fine and imprisonment. Each day of continued violation is a separate and distinct offense (Sec. 39-4-104).
Violators of Montana's maximum hours law affecting hoisting engineers are subject to a fine of $10 to $100. Each day of violation is separate and distinct violation (Sec. 39-4-101).