Compliance
Home Care Overtime Rules: What Agencies Owe Caregivers
Since 2015, home care agencies must pay caregivers overtime after 40 hours in a workweek. How the rule works, what counts as hours worked, and which states add daily overtime.
Montana overtime rules for home care workers
Last verified October 28, 2026 · All Montana resources
In Montana, overtime is time-and-a-half after 40 hours in a workweek. The state minimum wage is $10.85 an hour, rising to $11.20 on January 1, 2027. The federal Home Care Rule bars agencies from the companionship and live-in exemptions, though the Department of Labor stopped enforcing it against agencies in July 2025 while it considers undoing it. Montana's own law also requires overtime for agency caregivers, so they would still be owed it if the federal rule is undone.
What are Montana's overtime and minimum wage rules?
| Minimum wage | $10.85 an hour, rising to $11.20 on January 1, 2027 |
|---|---|
| Weekly overtime | After 40 hours |
| Daily overtime | None |
Applies to businesses with gross annual sales over $110,000. Smaller businesses not covered by federal wage law may pay $4.00.
Does Montana law require overtime for agency caregivers?
Yes. Montana requires overtime after 40 hours (Mont. Code Ann. 39-3-405), and its companionship exemption applies only when the worker is "employed directly by a family member or an individual who is a legal guardian" (Mont. Code Ann. 39-3-406(1)(p)), so agency caregivers are covered.
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