Pay stub requirements in Montana
Montana regulates the timing of pay much more closely than the paperwork that goes with it. Part 2 of the wage chapter runs from definitions through to tip pools without a section on what a payday statement has to contain. What it does say is that wages may not be withheld longer than ten business days after they are due, that direct deposit takes written or electronic consent and can never be made compulsory, and that the rate of pay and the paydays go to the employee in writing only on written demand before work starts. The minimum wage is $10.85 from 1 January 2026, and Montana allows no tip credit, no training wage and no meal credit against it.
- Pay stub required
- The Wage Payment Act has no payday statement section
- Electronic delivery
- Direct deposit needs consent and can never be required
- Minimum wage (2026)
- $10.85/hour from 1 January 2026, $4.00 outside the FLSA
- Pay frequency
- Within 10 business days of wages becoming due
What Montana law requires
Ten business days from due to paid
Every employer of labor in the state shall pay each employee the wages earned in lawful money or in cheques convertible into cash on demand at full face value, and may not withhold wages earned or unpaid for a longer period than 10 business days after they are due and payable. Where no time for payment has been established, the pay period is presumed to be semimonthly in length.
SourceDirect deposit is consented to, never imposed
Wages may be paid by electronic funds transfer or similar means of direct deposit if the employee has consented in writing or electronically and a record of that consent is retained. The subsection then closes the loop in terms: an employee may not be required to use electronic funds transfer or similar means of direct deposit as a method for payment of wages.
SourceNotice of the rate and the paydays comes on written demand
Each employer shall, on written demand and prior to the commencing of work, notify the employee of the rate of wages to be paid, whether by the hour, day, week, month or year, and of the date of paydays, in writing or by posting a notice in a conspicuous place. Employers under a signed collective bargaining agreement covering wages and hours, and employers in agriculture or stockraising, are outside the section.
SourceEighteen sections, and none of them about a stub
The payment of wages part of the code runs from the definitions in 39-3-201 to the tip pool rules in 39-3-218, taking in notice on demand, payment timing, separation pay, penalties, the recovery period, void contracts, the powers of the commissioner and mediation. No section in that list sets out a statement the employer has to hand an employee at the time of payment.
SourceTen dollars eighty five, with no credits allowed against it
The state minimum wage is $10.85 an hour effective 1 January 2026, adjusted for the cost of living by 30 September each year and set at the greater of the federal or the current state rate. No tip credit, training wage or meal credit is allowed. A business outside the Fair Labor Standards Act with gross annual sales of $110,000 or less may pay $4.00 an hour, but an individual employee the federal act covers still gets the higher minimum.
SourceFinal pay depends on who ended the job
When an employee separates, unpaid wages are due on the next regular payday for the pay period during which the separation happened, or 15 days from separation, whichever occurs first. When the separation is for cause or a layoff, wages are due immediately unless a written personnel policy extends the time, and the department reads immediately as within four hours or the end of the business day.
Source
What this generator calculates for Montana
State withholding for Montana is calculated from the 2026 figures the state publishes, and our test suite holds those figures against the state's own published calculation rather than against arithmetic of ours.
Frequently asked questions
Sources
- Montana Code Annotated 39-3-204 - Payment of wages generally
- Montana Code Annotated 39-3-203 - Employer to notify employee on written demand
- Montana Code Annotated 39-3-205 - Payment of wages when employee separated
- Montana Code Annotated, Title 39, chapter 3, part 2 - section index
- Montana Department of Labor and Industry - 2026 minimum wage poster
Wage and hour law changes. Check the linked source before relying on any figure here, and treat this page as a starting point rather than legal advice.