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Montana Employment Law Compliance Guide for Small Businesses
Low Complexity
Montana is unique as the only state that is NOT at-will employment. After a probationary period, employers can only terminate for good cause. This fundamentally changes how Montana employers must approach termination decisions and documentation.
Key Numbers
TIPPED WAGE
$10.55 (no separate tipped rate)
Compliance Requirements
✓No Pay Transparency Law
Montana does not currently require salary ranges in job postings. Federal contractors may still have obligations.
✓No State Paid Leave Mandate
Montana does not require paid sick leave at the state level. Some local jurisdictions may have their own requirements.
★Tip Credit: $10.55 (no separate tipped rate)
Employers may pay tipped employees a reduced cash wage if tips bring total compensation to at least the minimum wage.
Federal Thresholds That Apply in Montana
These federal requirements apply to all Montana employers based on headcount:
1+ employees: FLSA (wage and hour), IRCA (I-9 verification), EPPA (polygraph), USERRA (military leave)
15+ employees: Title VII (discrimination), ADA (disability), GINA (genetic information), Pregnant Workers Fairness Act
20+ employees: ADEA (age discrimination), COBRA (health continuation)
50+ employees: FMLA (12 weeks unpaid leave), ACA (affordable health coverage or $2,880/employee penalty), EEO-1 reporting
100+ employees: WARN Act (60-day notice for mass layoffs)
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This guide is for informational purposes only and does not constitute legal advice. Employment laws change frequently. Consult a licensed attorney for advice specific to your business. Last updated March 2026.