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Montana Statewide Rule

Montana Minimum Wage and Local Authority

Some RestrictionsApplies statewide across Montana (2026)

Key Facts

Statewide rate
MCA 39-3-409, indexed
2026 rate
$10.85 per hour
Local minimum wage
Not authorized
Federal floor
Higher rate applies
Violations
Back wages and penalties
Last verified: August 20, 2026Source: Montana Legislature

Summary

Montana sets a single statewide minimum wage under MCA 39-3-409, indexed annually to inflation ($10.85 in 2026). No Montana statute authorizes local governments to set their own or higher minimum wage, and no city has done so.

39-3-409 . Adoption of minimum wage rates -- exception. (1) The minimum wage, except as provided in subsection (3), must be the greater of either: (a) the minimum hourly wage rate as provided under the federal Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)(1)), excluding the value of tips received by the employee and the special provisions for a training wage; or (b) $6.15 an hour, excluding the value of tips received by the employee and the special provisions for a training wage. (2) (a) The minimum wage is subject to a cost-of-living adjustment, as provided in subsection (2)(b). (b) No later than September 30 of each year, an adjustment of the wage amount specified in subsection (1) must be made based upon the increase, if any, from August of the preceding year to August of the year in which the calculation is made in the consumer price index, U.S. city average, all urban consumers, for all items, as published by the bureau of labor statistics of the United States department of labor. (c) The wage amount established under this subsection (2): (i) must be rounded to the nearest 5 cents; and (ii) becomes effective as the new minimum wage, replacing the dollar figure specified in subsection (1), on January 1 of the following year. (3) The minimum wage rate for a business whose annual gross sales are $110,000 or less is $4 an hour.

Source: Montana LegislatureView official code

Full Breakdown

Montana's minimum wage is set by MCA 39-3-404 and 39-3-409 and adjusted annually for inflation; it applies to most private employers. There is no Montana statute authorizing municipalities to enact a separate or higher local minimum wage, and no Montana city has one. Employers must pay the higher of the federal or Montana rate. The 2026 rate is $10.85 per hour. A limited lower rate applies to certain very small businesses not covered by the federal Fair Labor Standards Act.

Violations & Penalties

Employers paying below the minimum wage face back-wage liability, and employees may sue to recover unpaid wages and, in some cases, penalties or liquidated damages.

Frequently Asked Questions

Can Montana cities raise the minimum wage?
No. Montana has no statute authorizing local minimum wages, and no city has enacted one; a single statewide rate applies.
How is the state minimum wage adjusted?
It is recalculated annually for inflation and published by the Department of Labor and Industry.

Sources

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