Montana § 39-3-409 - Adoption Of Minimum Wage Rates -- Exception

Full text of Montana Montana Code Annotated § 39-3-409 — Adoption Of Minimum Wage Rates -- Exception, with citation guidance and answers to common questions.

§ 39-3-409. Adoption Of Minimum Wage Rates -- Exception

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: official Montana text · Last verified 2026-08-27

Frequently Asked Questions About Montana § 39-3-409

What does Montana Code Annotated § 39-3-409 cover?

Section 39-3-409 ("Adoption Of Minimum Wage Rates -- Exception") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Montana § 39-3-409?

A common citation format is "Montana Code Annotated § 39-3-409" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Montana law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.

How does Montana § 39-3-409 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Montana.