MT · Employer compliance
Hire a minor in Montana: 6-step compliance checklist
The federal Fair Labor Standards Act sets a floor; Montana adds its own rules. The stricter of the two always wins. This page walks through the six checks every Montana employer must complete before a 14-, 15-, 16-, or 17-year-old starts work — sourced from the US DOL Montana state page and Montana Code Annotated Title 41 Chapter 2 (§§ 41-2-101 to 41-2-115).
Last verified:
Minimum work age
14
State work permit
Not required
Restricted occupations on file
5
Stricter than federal?
Mirrors federal
Verify the minor's age
Before scheduling the first shift, get documentary proof of the employee’s date of birth. Because Montana does not require a state work permit for minors in this age range, the employer is responsible for age verification directly — collect a copy of a birth certificate, state ID, driver’s license, or US passport, and retain it with payroll records.Apply the stricter of federal or Montana hour caps
Use the stricter rule for the employee’s age band and school-in-session status. Below are Montana’s state-specific caps for the two main age bands.
Ages 14–15
School in session
3 hr / day · 18 hr / week
07:00 – 19:00
School out (summer)
8 hr / day · 40 hr / week
07:00 – 21:00
Ages 16–17
School in session
No state limit / day · No state limit / week
No state limit
School out (summer)
No state limit / day · No state limit / week
No state limit
Block hazardous and restricted occupations
The 17 federal Hazardous Orders (HO-1 to HO-17) prohibit minors under 18 from specific non-agricultural occupations — meat processing, power tools, roofing, mining, certain driving roles, and more. See the full federal HO list.
Montana adds the following restrictions on top of the federal floor:
- All federal hazardous orders HO-1 through HO-17(29 CFR Part 570)
- Operating power-driven meat-processing machines(HO-10)
- Roofing operations and work on or about a roof(HO-16)
- Mining and quarrying for minors under 18
- Sale or service of alcohol for minors under 18
No work permit required in Montana
Montana does not require a state-issued work permit for minors in the standard non-ag age range covered here. The employer is still responsible for verifying age and applying the federal FLSA + state hour caps in steps 1–2. Confirm against the state DOL page if hiring outside the standard 14–17 band (e.g. agricultural work or under 14).
Post the required notices
Display the federal FLSA Youth Employment poster and the Montana state child-labor poster where employees can see them. Both are free downloads from the US DOL Wage & Hour Division and the Montana labor agency. Failure to post is one of the most common citations issued during WHD audits.Keep records for at least 3 years
Federal FLSA §11(c) sets a 3-year minimum for payroll, hours, age verification, and (where applicable) the Montana work permit. Many states require longer retention specifically for minor-employment documents — typically until 3 years after the minor turns 18. Keep: payroll + hours, age verification, the state permit, parental consent forms (where applicable), and any time-off / training records.