24.16.2503    APPLICATION OF OVERTIME PROVISION GENERALLY

Since there is no absolute limitation on the number of hours that an employee may work in any workweek, he may work as many hours a week as he and his employer see fit, so long as the required overtime compensation is paid him for hours worked in excess of the maximum workweek prescribed by section 39-3-405 MCA. The law does not require, however, that an employee be paid overtime compensation for hours in excess of eight per day, or for work on Saturdays, Sundays, holidays or regular days of rest. If no more than the maximum number of hours prescribed in the law are actually worked in the workweek, overtime compensation pursuant to section 39-3-405 MCA need not be paid. Nothing in the law, however, will relieve an employer of any obligation imposed by other Federal or State law to limit overtime hours of work or to pay premium rates for work in excess of a daily standard or for work on Saturdays, Sundays, holidays, or other periods outside of or in excess of the normal or regular workweek or workday.

History: Sec 39-3-403, MCA; IMP, Sec. 39-3-405, MCA; Eff. 12/31/72.