Montana Final Paycheck Laws

Updated October 13, 2026 · 1 min read · 2 sources

Short answer

In Montana, an employer must pay final wages to a fired employee: immediately, unless a written policy allows payment by the next regular payday or within 15 days, whichever is earlier. If you quit, final pay is due: next regular payday or within 15 days, whichever is earlier. If wages are late or missing, you can file a wage claim with the state labor department or go to court.

Losing or leaving a job is stressful enough without wondering about your final pay. Here is what Montana law requires.

At a glance

Question Answer
If you are fired or laid off Immediately, unless a written policy allows payment by the next regular payday or within 15 days, whichever is earlier
If you quit Next regular payday or within 15 days, whichever is earlier
Statute Mont. Code § 39-3-205

What is included in a final paycheck

  • All regular wages earned through the last day of work.
  • Overtime earned and not yet paid.
  • Earned commissions and bonuses, depending on the terms of the plan.
  • Accrued vacation or PTO, but only where state law or the employer's written policy requires payout; rules differ widely by state.

Employers can generally make only deductions the law allows, and deductions cannot push pay below the minimum wage.

If your final paycheck is late or wrong

  1. Ask the employer in writing for the missing pay and keep a copy.
  2. Gather pay stubs, time records and any offer letter or commission plan.
  3. File a wage claim with your state labor department, or a complaint with the U.S. Department of Labor for minimum wage and overtime violations.
  4. For larger amounts, consider small claims court or an employment lawyer.

Related: what to do when you get fired, how to get unpaid wages from an employer and the Montana minimum wage. If you plan to sue for unpaid wages yourself, check the Montana small claims court limit.

Sources

  1. Nolo: Final paycheck laws by state
  2. U.S. Department of Labor: Last paycheck

This page summarizes state law for general information and is not legal advice. Laws change and courts interpret them; check the current statute or official source, or talk to a licensed attorney in your state about your situation.

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Final paycheck laws in other states