Montana Child Labor Laws: Hours, Wages, and Exemptions

Montana’s child labor laws set 14 as the general minimum age for most non-farm work, cap how long teens can be on the clock, bar minors from hazardous jobs, and require every minor to be paid at least the full state minimum wage. Both Montana’s Child Labor Standards Act and the federal Fair Labor Standards Act apply, and when they differ, employers must follow whichever rule protects the minor more.

Who the Law Covers and the Age Brackets

Montana organizes its rules around three age groups: under 14, 14–15, and 16–17. Children under 14 are generally barred from employment, with narrow exceptions such as newspaper delivery and certain agricultural work.¹

“Employment” under state law is broader than many parents and employers assume. It covers any occupation a minor engages in, paid or not, so long as it generates revenue. Casual, community service, non-revenue-raising, and uncompensated activities like religious or charitable volunteer work are excluded.²

Every employer hiring a minor must obtain proof of age, usually a birth certificate or other official document. That record is the employer’s primary defense if an illegal-employment claim comes up later.

Work Hours for 14- and 15-Year-Olds

The tightest limits fall on 14- and 15-year-olds, and these are the rules employers violate most often. Montana Code 41-2-115 mirrors the federal FLSA standards for this age group:

No more than 3 hours of work on a school day.
No more than 18 hours total during a school week.
Up to 8 hours on a non-school day.
Up to 40 hours during a non-school week.
No work before 7 a.m. or after 7 p.m., except from June 1 through Labor Day, when the evening cutoff extends to 9 p.m.

The 18-hour school-week cap is the easiest to blow past. A few after-school shifts stacked with a weekend day will push a teen over the line without anyone noticing on the schedule.³

Work Hours for 16- and 17-Year-Olds

Older teens get significantly more flexibility. The federal FLSA sets no hour limits for 16- and 17-year-olds working in non-hazardous jobs. Montana’s own statute (Title 41, Chapter 2) does add some guardrails, particularly around school nights, so employers scheduling this age group should check the current state requirements alongside the federal baseline. Where the two rules diverge, the more protective one wins.

Jobs Minors Cannot Do

Montana keeps separate prohibited-occupation lists by age, and even 16- and 17-year-olds are locked out of the most dangerous work.⁴

For every minor under 18, federal Hazardous Occupations Orders ban work involving heavy machinery, explosives, mining, logging, sawmill operations, roofing, and excavation. In everyday retail and food-service settings, minors under 18 also cannot operate commercial meat slicers, bakery machines, or compacting equipment.⁵

Driving

Federal rules generally prohibit minors under 18 from operating motor vehicles on public roads as part of their job. The one narrow exception applies to 17-year-olds, who may drive cars or small trucks during daylight hours for limited periods under strictly controlled conditions. The vehicle cannot be a bus, heavy truck, or anything requiring a CDL, and driving cannot be the primary duty of the job.⁶

Extra Limits on 14- and 15-Year-Olds

On top of the hazardous-occupation bans that cover every minor, 14- and 15-year-olds are restricted to an approved short list of jobs under Montana Code 41-2-108: retail sales, limited food-service tasks, office and clerical work, and certain errands. If the job isn’t on the list, it isn’t allowed for this age group.¹

Wages for Minor Workers

Montana does not allow a reduced youth wage, training wage, tip credit, or meal credit. Every minor working in the state earns at least the full state minimum wage, which is $10.85 per hour as of January 1, 2026.⁷

The only exception is for businesses with gross annual sales of $110,000 or less that are not covered by the FLSA, which may pay $4.00 per hour. If any individual employee at that business is producing or moving goods between states or is otherwise covered by the FLSA, that worker must still be paid the higher of the federal or Montana minimum wage.⁷

Employers used to paying a lower training rate to new teen hires in other states will get into trouble fast in Montana.

Exemptions and Special Cases

Agriculture

Farm work gets the broadest carve-out. Montana Code 41-2-104 exempts minors employed in agricultural occupations not otherwise prohibited by law, and 41-2-109 covers specific agricultural exemptions to prohibited-occupation rules.⁸ Under federal rules, minors as young as 12 may work on farms outside school hours with parental consent.

Family Businesses

Under both Montana and federal law, children of any age may generally work in a business owned entirely by their parents. The catch: no one under 16 may work in mining or manufacturing, and no one under 18 may perform work the U.S. Department of Labor has declared hazardous, even in a parent-owned business.⁶

Student-Learner Programs

Montana allows 16- and 17-year-olds to perform otherwise prohibited work if they’re enrolled in a cooperative vocational training program through a recognized educational authority. The work must be incidental to the training, directly supervised by a qualified person, and governed by a written agreement between the employer and school coordinator that lays out a progressive schedule of work processes and coordinated safety instruction. The Montana Department of Labor can revoke the exemption at any time if the employer fails to maintain reasonable safety precautions.⁹

Volunteer Work

Genuine volunteer work sits outside Montana’s child labor rules. A teenager helping at a church fundraiser or community cleanup isn’t covered. But a “volunteer” arrangement at a for-profit business that functions as unpaid labor won’t qualify, because the activity generates revenue for the employer.²

Penalties and Enforcement

Montana’s Department of Labor and Industry enforces the state’s child labor laws. Under Montana Code 41-2-116, the department can enter and inspect workplaces, access employment records, and subpoena documents. It is also required to file a complaint against anyone who violates the law.¹⁰

Federal penalties are where the real money is. Under 29 U.S.C. § 216(e), an employer who violates child labor provisions faces a civil penalty of up to $11,000 per minor per violation. When a violation causes the death or serious injury of a minor, the cap rises to $50,000, and it doubles to $100,000 for willful or repeat offenses. “Serious injury” includes permanent loss of a sense, loss of a limb, or permanent paralysis.¹¹ These statutory maximums are subject to annual inflation adjustments by the Department of Labor, so the actual ceiling in any given year may run higher. Criminal charges are typically reserved for repeat offenders or cases where a minor was significantly harmed.

How To Report a Violation

Anyone who suspects a child labor violation in Montana can file a complaint through the Department of Labor and Industry’s Citizen Portal online. The complaint goes to the Employment Standards Division, which houses the Compliance and Investigations Bureau responsible for enforcing the Child Labor Standards Act. Complainants may remain anonymous.¹²

Federal law also protects workers who report. Under Section 15(a)(3) of the FLSA, it is illegal for any employer to fire, demote, or otherwise punish an employee for filing a complaint, cooperating with an investigation, or testifying in a proceeding related to labor law violations. Protections apply whether the complaint is written or verbal, and most courts have extended them to internal complaints made directly to the employer. An employee who is retaliated against can seek reinstatement, back pay, and liquidated damages equal to the lost wages.¹³

1
Montana State Legislature. Montana Code 41-2-108 – Employment of Minors Who Are 14 and 15 Years of Age
2
Montana Department of Labor & Industry. Montana’s Child Labor Law Reference Guide
3
Montana State Legislature. Montana Code 41-2-115 – Working Hours
4
Montana State Legislature. Montana Code Annotated 2025 – Part 1 Child Labor Standards Act
5
eCFR. 29 CFR Part 570 – Child Labor Regulations, Orders and Statements of Interpretation
6
U.S. Department of Labor. Fact Sheet 43 – Child Labor Provisions of the Fair Labor Standards Act for Nonagricultural Occupations
7
Montana Department of Labor & Industry. Montana’s Minimum Wage 2026
8
Montana State Legislature. Montana Code 41-2-104 – Exemptions
9
Montana State Legislature. Montana Code 41-2-110 – Exemptions From Prohibited Employment of Minors Who Are 16 or 17 Years of Age
10
Montana State Legislature. Montana Code 41-2-116 – Enforcement – Right to Enter and Inspect Premises
11
Office of the Law Revision Counsel. 29 USC 216 – Penalties
12
Montana Department of Labor and Industry. Submit a Complaint
13
U.S. Department of Labor. Prohibiting Retaliation Under the Fair Labor Standards Act