Employer of Record for Montana

Guide to Hiring Employees in Montana

Your guide to hiring employees in Montana, covering employment and labor laws, payroll, benefits, onboarding and taxes. You can also manage and pay your contractors in Montana through Playroll.

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Capital City

Helena

Timezone

MST

(

GMT-7

)

Paid Leave

None

Income Tax

1% - 6.75%

Employer Tax

0.17% - 1.05%

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How to Hire Employees In Montana

Hiring in Montana for the first time can be challenging, especially with the state's complex employment laws. Whether you're hiring independent contractors, setting up a legal entity, partnering with a PEO, or using an Employer of Record (EOR), it's essential to understand the local employment landscape. Playroll's comprehensive guide is here to help, whether you're onboarding local talent or relocating team members.

Here are four primary ways companies can hire employees in Montana:

  • Establishing a local entity: Creating a legal entity in Montana allows for direct hiring, but it can be costly and time-consuming. However, it gives you full control over employment and reduces risk exposure.
  • Partnering with an Employer of Record (EOR): An EOR, like Playroll, takes on the legal responsibilities of employment, acting as the employer on your behalf. This option streamlines hiring, payroll, and compliance with Montana’s labor laws, helping you hire in Montana without navigating the complex legal landscape yourself.
  • Working with a Professional Employer Organization (PEO): A PEO, such as Playroll, co-employs your team, managing essential HR functions like payroll, benefits, and compliance. Partnering with a PEO ensures you meet Montana’s labor regulations while offering competitive employee benefits.
  • Hiring independent contractors: Hiring independent contractors can be more cost-effective, but Montana has strict contractor classification rules. Proper classification is essential to avoid penalties for misclassification when hiring in Montana.

Complying with Montana specific employment regulations and federal laws is critical to avoiding legal risks and costly fines. Our guide focuses on hiring in Montana, employment compliance, and how Playroll’s services can support your business as you navigate the complexities of hiring in the state.

Good To Know

Montana’s economy is diverse, with key industries including agriculture, energy, tourism, and healthcare.

The state’s population is relatively small, but it is growing steadily, with a robust labor force attracting remote workers and professionals.

Montana has a low unemployment rate, reflecting its expanding job market, especially in tech and tourism.

Montana's labor laws tend to favor worker rights, with clear guidelines on overtime, work hours, and meal breaks, making it an attractive state for both employers and employees.

Key Things to Know About Hiring in Montana

Labor Laws in Montana

Working Hours in Montana

Montana has specific employment and labor laws governing working hours, designed to protect employees’ rights and ensure fair compensation. Whether you’re hiring local employees or working with an Employer of Record (EOR), it's essential to understand the state's regulations around working hours to ensure compliance.

1. Standard Workweek and Overtime

The standard workweek in Montana is 40 hours for most non-exempt employees. Montana does not have a law regulating daily working hours, but overtime must be paid for hours worked over 40 hours per week.

2. Meal and Rest Breaks

Employees working more than 5 hours in a day must be provided a 30-minute unpaid meal break. Employees are also entitled to a 10-minute paid rest break for every 4 hours worked.

Minimum Wage in Montana

As of 2024, the minimum wage in Montana is $9.95 per hour. The minimum wage applies to most employees, with a few exceptions for tipped workers, some young workers, and employees under certain contracts. Some counties and cities within Montana may have higher minimum wages due to local ordinances.

Overtime in Montana

Montana follows federal guidelines on overtime. Employees who work over 40 hours in a workweek are entitled to overtime pay at a rate of 1.5 times their regular hourly wage. Certain employees may be exempt from overtime under specific conditions. These include executive, administrative, and professional employees who meet specific salary and job duty criteria. However, most employees working in non-exempt roles are entitled to overtime pay.

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Onboarding New Hires in Montana

We can help you get your new employee started in Montana fast, with a minimum onboarding time from just 1-2 working days. Note that the timeline is dependent upon registration with the local authorities, and begins after the employee has submitted all the required information on the Playroll platform.

For non-citizens of the US, a work eligibility assessment may be required, and can add three extra days to the onboarding time. If a follow-up is needed, there may be additional delays.

Please note that payroll cut-off dates can impact the actual first day of employment. Playroll’s payroll cut-off date is the 10th of the month, unless otherwise specified.

Payroll Taxes For Montana

Payroll taxes in Montana are deductions employers must take from employees’ wages and remit to the state. These taxes fund various state programs and services, including unemployment benefits and disability insurance. Examples of payroll taxes include:

     
  • Unemployment Insurance Tax: Employers are required to pay unemployment insurance taxes to fund the state's unemployment compensation programs. Rates depend on the employer's history of unemployment claims.
  •  
  • Workers' Compensation Insurance: Employers must provide workers’ compensation insurance to cover work-related injuries.

Payroll Cycle in Montana

In Montana, employees must be paid at least once every 15 days, unless the employer has an established schedule that specifies longer pay periods. Employers are required to provide employees with a written or electronic statement that shows the employee’s total hours worked and gross wages earned during the pay period. Failure to comply with these pay cycle laws may result in penalties.

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Montana Employment Taxes

Employment taxes and statutory fees affect both your payroll and your employees’ paychecks in Montana. Understanding the tax obligations for both employers and employees is crucial when operating in Montana's business landscape.

Employer Tax Contributions

Employers in Montana are responsible for various payroll taxes, including unemployment insurance and workers' compensation insurance, as well as withholding state income taxes from employees' wages. Employer payroll contributions are generally estimated at an additional 6.5% on top of the employee salary in Montana.

Employment Tax Type Tax Rate
State Unemployment Insurance 0.17% - 1.05%
Workers' Compensation Insurance Varies by industry
State Income Tax Withholding 1% - 6.75%

Employee Tax Contributions

Employee tax contributions are generally estimated at 6.75% of employee salary in Montana, considering the state's progressive income tax system and other payroll deductions.

Employee Payroll Tax Contribution Tax Rate
State Income Tax 1% - 6.75%
Social Security (FICA) 6.2%
Medicare (FICA) 1.45%
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The tax-related information provided in this guide is intended for general guidance and informational purposes only. Reach out to our dedicated team for insights on remote hiring in Montana tailored to your needs.

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Benefit Requirements for Employers in Montana

Montana does not have specific laws mandating private sector employers to offer certain employee benefits. However, employers may be required to comply with federal regulations, such as those requiring health insurance for certain large employers under the Affordable Care Act (ACA). Additionally, offering employee benefits like health insurance or retirement plans can be a competitive advantage when attracting top talent.

Employee Benefits For Montana

Competitive benefits are essential for attracting and retaining top talent in Montana. Offering the right package helps employees feel valued and motivated. Our benefits experts understand the local labor market's trends, requirements, and expectations, ensuring your employees feel valued and supported. Common benefits in our Montana packages include:

  • Pension or 401(K)
  • Vision Insurance
  • Life Insurance
  • Medical Insurance
  • Dental Insurance
  • Health Savings Plan (HSA)
  • Flexible Spending Account (FSA)
  •    

Paid and Unpaid Leave Policies in Montana

Employers in Montana must comply with federal regulations and certain state leave laws regarding paid and unpaid leave policies.

Family and Medical Leave

Employers in Montana are required to comply with the federal Family and Medical Leave Act (FMLA), which provides eligible employees with up to 12 weeks of unpaid leave for certain family and medical reasons.

Sick Leave

Montana does not have a state law mandating paid sick leave, but employers may choose to offer this as a benefit.

Voting Leave

Montana employers must provide employees with time off to vote in elections, though this leave is not paid.

Jury Duty Leave

Employees in Montana are entitled to time off for jury duty without fear of retaliation. Employers may not deduct pay for time spent serving on a jury.

Military Leave

Montana offers job protection for employees who are members of the National Guard or U.S. Armed Forces, ensuring their job is protected during active military service.

It’s Easy To Manage Benefits For Employees In Montana With Playroll

Employment Termination Protocols in Montana

Hiring Employees in Montana with an employer of record

Discuss how an EOR handles onboarding, including setting up compliant employment contracts, registering for taxes, and managing benefits like Montana's superannuation system (if applicable).

The employer of record is responsible for:

  • Employment Compliance: Ensure all employment contracts comply with Montana's labor laws and regulations, including proper classification of employees.
  • Payroll Management: Calculate, process, and distribute employee salaries in accordance with Montana's payroll laws, including deductions for taxes and social security contributions.
  • Tax Filing and Contributions: Handle the registration, filing, and payment of employer taxes and social security contributions to the relevant authorities.
  • Employment Contracts: Draft and maintain compliant employment agreements, detailing salary, benefits, working hours, and termination terms in line with Montana's legal requirements.
  • Benefits Administration: Provide mandatory employee benefits as required by Montana's labor laws, such as health insurance, pension contributions, and statutory leave.

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FAQS

FAQs About Hiring In Montana

How to submit payroll taxes in Montana?

Payroll taxes in Montana can be submitted through the Montana Department of Revenue's online portal or via mail. Employers must withhold the necessary state income tax, unemployment insurance contributions, and other payroll taxes, and remit them to the state on a regular basis according to the established filing schedule.

Is there a minimum wage requirement for employees in Montana?

Yes, Montana has a state minimum wage of $9.95 per hour as of 2024. This wage applies to most employees, though certain workers, such as those who are minors or receive tips, may have different wage structures.

Are employers required to offer 401k in Montana?

No, Montana does not require employers to offer a 401k plan. However, employers who choose to provide retirement plans must adhere to federal regulations, such as the Employee Retirement Income Security Act (ERISA). Offering a 401k plan or other retirement benefits can be an attractive option for employers looking to retain skilled workers.

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