Last update: June 10, 2023
Minimum Hiring Age in Montana
What is the minimum age to be employed in Montana? The legal age to work in Montana is 14, but governed by state and federal child labor laws and varies based on:
- The type of work (e.g., agricultural or non-agricultural)
- Whether the job is considered hazardous or has prohibited duties.
- Whether school is in session.
- The legal status of the minor (e.g., emancipated minors).
- Whether the job is exempt from the Fair Labor Standards Act (FLSA).
According to Federal Law (FLSA), a minor must be at least 14 years old to work for an employer (e.g. retail stores, food service establishments and gasoline service stations), with an exception for minors working for a parent or legal guardian who owns the business. This is the reason why you will never see job postings for children under the age of 14.
Age Restrictions
None (18 years of age to work as a server in a restaurant that sells alcohol and to sell alcohol in retail stores)
Minimum age to drive motor vehicles (cars and small trucks) on public roads as part of jobs is basically 17 years old, with certain requirements.
Minimum age to serve and bartend alcohol in Montana:
| Beer | Wine | Spirits | |
|---|---|---|---|
| Serve | 18 | 18 | 18 |
| Bartend | 18 | 18 | 18 |
Work Hours
- 14: May not work during school hours, except as provided for in Work Experience and Career Exploration Programs approved by the department or the office of public instruction.
- Working is permitted from 7 a.m. to 7 p.m., except that the minor may be employed until 9 p.m. during the periods outside the school year (June 1 through Labor Day, depending on local standards).
- Maximum 3 hours on a school day.
- Maximum 18 hours in a school week.
- Maximum 8 hours on a non-school day.
- Maximum 40 hours in a non-school week.
- 16: Unrestricted
Maximum daily and weekly hours and days per week for minors ages 14 and 15:
8-40 school day/week: 3-18
Students of 14 and 15 enrolled in approved Work Experience and Career Exploration programs may work during school hours up to 3 hours on a school day and 23 hours in a school week
Maximum hours/days when school is not in session:
- 8 hours daily / 50 hours weekly/ 6 days weekly.
- Workers 16 and up may work up to 50 hours in one week and up to 10 hours a day only between the last day of school and Labor Day.
Maximum hours/days when school is in session:
- 3 hours daily/ 18 hours weekly
Nightwork prohibited for minors ages 14 and 15:
7 p.m. (9 p.m. during periods outside the school year (June 1 through Labor Day, depending on local standards)) to 7 a.m.
Maximum daily and weekly hours and days per week for ages 16 and 17:
Not regulated
Nightwork prohibited for ages 16 and 17:
Not regulated
Work Permit
No certificate is required at any age in nonhazardous employment. Since minors under 16 may not work in hazardous employment, certificates for this age category are not deemed necessary.
Minimum Wages
The minimum wages in Montana is $4.00 Business not covered by the Fair Labor Standards Act with gross annual sales of $110,000 or less$.9.5 Business with gross annual sales of more than $110,000. FLSA allow employers to pay a youth minimum wage of not less than $4.25 an hour to employees who are under 20 years of age during the first 90 consecutive calendar days after initial employment.