Teen jobs in Montana: the 7 p.m. line, the 18-hour week, and $10.85 an hour

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.

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.

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.