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A 15-year-old in Bozeman gets a summer job scooping ice cream downtown. In July she can work until 9 p.m. In September, once school starts, her shifts have to end by 7 p.m., and she can work only 18 hours a week. Those limits come from two laws at once: Montana's Child Labor Standards Act of 1993, in Title 41, Chapter 2 of the Montana Code, and the federal Fair Labor Standards Act (FLSA), the national wage-and-hour law. For 14- and 15-year-olds the two laws line up almost exactly. When they differ, the stricter rule applies.
Hours for 14- and 15-year-olds
Montana law says a 14- or 15-year-old may not work before 7 a.m. or after 7 p.m. From June 1 through Labor Day the evening limit moves to 9 p.m. On a school day the limit is 3 hours. In a school week it is 18 hours. On a day with no school it is 8 hours, and in a week with no school it is 40 hours. The federal rule, found in 29 CFR 570.35, uses the same numbers and adds that work must happen outside school hours, and that Fridays count as school days.
There is one Montana exception. A student in a school-run work experience or career exploration program approved by the state may work up to 23 hours a week while the program is in session.
Montana's reference guide describes no work permit or age certificate, so there is usually no form to file before a first shift. Under 14, most paid work is off limits. The exceptions include babysitting and yard chores at a private home, delivering newspapers, working for a parent (outside mining, manufacturing, and hazardous work), acting or modeling, and refereeing for a nonprofit sports group.
At 16 and 17: no hour limits, but banned jobs
Montana's guide lists no hour limits for 16- and 17-year-olds. What it does list is 17 hazardous occupations they may not do, such as roofing, logging and sawmills, meat processing, excavation, and operating a forklift. A 16-year-old may use a power lawn mower. A 14- or 15-year-old may not, though rakes and shovels are fine.
The word 'minor' has a Montana twist. A teen who has a high school diploma or passed the GED is not a minor under this law, and neither is a 16- or 17-year-old in a registered apprenticeship program.
Pay: $10.85, and no youth wage
Montana's minimum wage is $10.85 an hour. The federal minimum is $7.25, and Montana law says workers get whichever is higher. The state adjusts its rate for the cost of living by September 30 each year, so check the current figure. Montana allows no training wage, no tip credit, and no meal credit. A teen server in Missoula gets the full minimum before tips. The one exception is a small business with $110,000 or less in yearly sales that the FLSA does not cover, which may pay $4.00.
Congress's power to set these federal rules was settled in United States v. Darby (1941). The Supreme Court said Congress can set wages and hours for goods shipped across state lines, and it overruled Hammer v. Dagenhart (1918), which had struck down an earlier federal child labor law.
Who to call in Helena
The Employment Standards Division of the Montana Department of Labor & Industry handles child labor and minimum wage questions. Call (406) 444-6543, or write to P.O. Box 8011, Helena, MT 59604. Questions can be answered by phone, mail, or in person.
If you were paid less than you are owed, the department has an online wage claim process that can include mediation and, if needed, a hearing. An employer who breaks Montana's child labor law can be charged with a misdemeanor. Write down your hours and keep your pay stubs before you call.
Lembre-se disto
- At 14 and 15 in Montana: 7 a.m. to 7 p.m. (9 p.m. from June 1 to Labor Day), 3 hours on a school day, 18 hours in a school week.
- At 16 and 17 there are no hour limits, but 17 hazardous jobs, including roofing and forklifts, are off limits.
- Montana's minimum wage is $10.85, with no training wage and no tip credit for teens.
- Problems go to the Employment Standards Division at (406) 444-6543.
Fontes
- Montana Department of Labor & Industry: Montana's Child Labor Law Reference Guide (abre em uma nova aba)
- Montana Department of Labor & Industry: Montana's Minimum Wage (abre em uma nova aba)
- Legal Information Institute: 29 CFR 570.35, hours for minors 14 and 15 (abre em uma nova aba)
- Legal Information Institute: United States v. Darby, 312 U.S. 100 (1941) (abre em uma nova aba)
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