Home Employment Montana Labor Laws Breaks

Montana Labor Laws Breaks

Montana Labor Laws Breaks


What are the Montana Labor Laws Breaks?

According to Montana labor laws breaks, workers must be allowed a paid rest period—from their employer—of at least 10 minutes for each 4-hour shift worked. The rest period—according to Montana labor laws breaks—must be provided no later than the end of the third hour of the worker’s shift. 

Are Workers allowed to take several short breaks instead of a 10-minute rest period?

Yes, according to Montana Labor Laws breaks, a business may allow workers to take several “mini” breaks in each 4 hours of work time. If these shorter breaks exceed a total of 10 minutes, they will be substituted for a scheduled rest period. Examples of shorter rest periods include—according to Montana Labor Laws Breaks—eating a snack, making personal phone calls, participating in personal conversations, smoke breaks and sitting idle if there is no work for a few minutes during a shift. 

What are Workers Allowed to do During Rest Periods?

Rest periods—according to Montana Labor Laws Breaks—can be utilized however the worker chooses; however, they are subject to whatever policies the business has established. 

According to Montana Labor Laws Breaks, can a Worker Smoke While on Their Rest Period?

Yes, according to Montana labor laws breaks if the business permits smoking around the workplace. Employees may smoke during a rest period if their boss or employer permits them to step outside to smoke. Montana labor laws breaks—and state law in general—prohibits smoking within 25 feet of a businesses’ entrance. That being said, the employer possesses the right to stop smoking on the job site or work area. Can an Employer require Workers to stay at the workplace or site during Meal Times or Rest Periods? According to Montana labor laws breaks, the employer may require workers to stay on the workplace or site during the following times: 

• Their meal period if the employer pays the worker during the meal period

• Their paid rest time

• Their meal period without providing compensation if the employee is completely relieved from duty for the entire meal period and will not be called back to work during the meal period

Is an Organization or Business providing rooms where employees can take rest periods or eat meals? No, Montana labor laws breaks do not require labor organizations to provide said rooms for meals or breaks.

MT Labor Laws Breaks: Meal Periods

MT Labor Laws Breaks: When is a Worker Given a Meal Period?

Montana  labor law regarding breaks states that a meal is required for workers if an employee completes a 5 hour shift; if a 5-hour shift is completed, the worker must be given at least a 30-minute meal period. The worker—according to MT Labor Laws Breaks—must be at least two hours into the shift before the meal period can start. The meal period cannot start more than five hours once the shift starts.

MT Labor Laws Breaks: Must Employees Be Paid During Their Meal Periods?

According to Montana labor laws breaks, a business is not mandated to pay for meal periods if the worker is free from any duties for the duration of the meal period. Workers must be paid during the meal period when:

• They are allowed or required to remain on duty

• They are called back to work during their meal period even though the worker is normally are not on call during the meal break 

• A worker must be paid—according to MT labor laws breaks—if the individual is required to be on-call at the business or worksite 

• A worker must be paid—according to MT labor laws breaks—for meal time, if the worker is called back to duty during the meal period even though they often are not on call during the meal period