# Mont. Code Ann. § 39-3-404: 39-3-404 Minimum wage

> Montana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T39_C3_P4_S39-3-404

## Section

- **Citation:** Mont. Code Ann. § 39-3-404
- **Heading:** 39-3-404 Minimum wage
- **Jurisdiction:** Montana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** MT Code / Title 39 / Chapter 3 / Part 4 / Section 39-3-404

## Text

39-3-404 . Minimum wage. (1) Except as otherwise provided in this part and except for farm workers as provided in subsection (2), an employer shall pay to each employee a wage of not less than the applicable minimum wage as determined by the commissioner in accordance with 39-3-409 .

(2) In the case of a farm worker employed for a part of a calendar year that includes periods requiring working hours in excess of 8 hours a day and other seasonal periods requiring working hours substantially less than 8 hours a day, the employer may pay the worker at a fixed rate of compensation during the term of employment. The employer may elect to:

(a) keep a record of the total number of hours worked by the worker during the part of the year during which the worker was employed bythe employer, but the total wages paid by the employer to the employee for that part of the year during which the employee was employed by the employer may not be less than the applicable minimum wage rate multiplied by the total number of hours worked; or

(b) in lieu of the minimum wage set forth in this part, pay the farm worker a wage as defined in this section on a monthly basis. This monthly compensation must constitute a minimum wage and may not be less than $635 a month beginning January 1, 1990.

## Nearby sections

- [Mont. Code Ann. § 39-3-401 39-3-401 Declaration of policy](https://www.frixlaw.com/law-library/statutes/STATE_MT_T39_C3_P4_S39-3-401.md)
- [Mont. Code Ann. § 39-3-402 39-3-402 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T39_C3_P4_S39-3-402.md)
- [Mont. Code Ann. § 39-3-403 39-3-403 Rulemaking authority](https://www.frixlaw.com/law-library/statutes/STATE_MT_T39_C3_P4_S39-3-403.md)
- [Mont. Code Ann. § 39-3-404 39-3-404 Minimum wage](https://www.frixlaw.com/law-library/statutes/STATE_MT_T39_C3_P4_S39-3-404.md)
- [Mont. Code Ann. § 39-3-405 39-3-405 Overtime compensation](https://www.frixlaw.com/law-library/statutes/STATE_MT_T39_C3_P4_S39-3-405.md)
- [Mont. Code Ann. § 39-3-406 39-3-406 Exclusions](https://www.frixlaw.com/law-library/statutes/STATE_MT_T39_C3_P4_S39-3-406.md)
- [Mont. Code Ann. § 39-3-407 39-3-407 Enforcement](https://www.frixlaw.com/law-library/statutes/STATE_MT_T39_C3_P4_S39-3-407.md)
- [Mont. Code Ann. § 39-3-408 39-3-408 Provisions cumulative](https://www.frixlaw.com/law-library/statutes/STATE_MT_T39_C3_P4_S39-3-408.md)
- [Mont. Code Ann. § 39-3-409 39-3-409 Adoption of minimum wage rates -- exception](https://www.frixlaw.com/law-library/statutes/STATE_MT_T39_C3_P4_S39-3-409.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T39_C3_P4_S39-3-404. Check the current official text before relying on it. Not legal advice.