WAGE AND HOUR DEMAND LETTER
Montana Minimum Wage and Overtime Compensation Act and FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Montana ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Montana State Bar Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
Demand for Unpaid Wages Under FLSA and Montana Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq., and the Montana Minimum Wage and Overtime Compensation Act, Mont. Code Ann. Section 39-3-401 et seq., and the Montana Wage Payment Act, Mont. Code Ann. Section 39-3-201 et seq.
Please direct all further communications regarding this matter to our office.
I. MONTANA-SPECIFIC LEGAL FRAMEWORK
A. Montana Minimum Wage
Montana's minimum wage is $10.55 per hour as of January 1, 2026. Mont. Code Ann. Section 39-3-409. Montana's minimum wage is adjusted annually based on the Consumer Price Index. Businesses with gross annual sales of $110,000 or less may pay $4.00 per hour if not covered by FLSA.
Montana does not allow a tip credit against the minimum wage. Tipped employees must be paid the full state minimum wage in addition to tips. Mont. Code Ann. Section 39-3-409(3).
B. Overtime Requirements
Montana follows FLSA overtime requirements. Non-exempt employees must be paid 1.5 times the regular rate for all hours worked over 40 in a workweek. Mont. Code Ann. Section 39-3-405. Montana does not require daily overtime.
C. Meal and Rest Break Requirements
Montana law does not mandate meal or rest breaks for adult employees. However, if an employer provides breaks of less than 30 minutes, that time must be compensated. See 29 C.F.R. Section 785.18.
D. Wage Payment Requirements
Under the Montana Wage Payment Act:
- Regular Pay Periods: Wages must be paid at least twice per month on regular paydays designated in advance. Mont. Code Ann. Section 39-3-204.
- Termination - Discharge: All wages due must be paid immediately upon discharge unless the employer's normal payroll practices do not permit immediate payment, in which case wages must be paid within 3 business days or by the regular payday for the pay period, whichever occurs first. Mont. Code Ann. Section 39-3-205(1).
- Termination - Resignation: Wages are due on the next regular payday or within 15 days of resignation, whichever occurs first. Mont. Code Ann. Section 39-3-205(2).
E. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| Montana wage claims | 2 years | Mont. Code Ann. Section 27-2-211(1)(f) |
| Contract claims | 5 years (written) / 5 years (oral) | Mont. Code Ann. Section 27-2-202, 27-2-211 |
F. Liquidated Damages and Penalties
FLSA Liquidated Damages: Equal to the amount of unpaid wages (doubling recovery). 29 U.S.C. Section 216(b).
Montana Penalties: An employer who fails to pay wages when due is liable for:
- The unpaid wages; plus
- A penalty of up to 110% of the wages due if the employer had no reasonable cause for failing to pay. Mont. Code Ann. Section 39-3-206.
G. Attorney's Fees
Both the FLSA and Montana law provide for recovery of reasonable attorney's fees and costs to the prevailing employee. 29 U.S.C. Section 216(b); Mont. Code Ann. Section 39-3-214.
II. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es)] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
C. Specific Violations
[Company Short Name] violated federal and Montana wage and hour laws by:
- [ ] Failing to pay the minimum wage required under Montana law
- [ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
- [ ] Misclassifying our client as exempt from overtime
- [ ] Misclassifying our client as an independent contractor
- [ ] Failing to pay for all hours worked (off-the-clock work)
- [ ] Making unlawful deductions from wages
- [ ] Failing to pay all wages due upon termination within the time required by Montana law
III. LEGAL ANALYSIS
A. FLSA Violations
[Describe specific FLSA violations - minimum wage, overtime, misclassification, etc.]
B. Montana Minimum Wage and Overtime Compensation Act Violations
Montana Code Annotated Section 39-3-405 requires employers to pay non-exempt employees overtime compensation at 1.5 times the regular rate for all hours worked over 40 in a workweek. [Company Short Name] violated this requirement by [describe violation].
C. Montana Wage Payment Act Violations
[Company Short Name] violated the Montana Wage Payment Act by:
- [ ] Failing to pay wages on the designated payday. Mont. Code Ann. Section 39-3-204.
- [ ] Failing to pay all wages due within the required time after termination. Mont. Code Ann. Section 39-3-205.
- [ ] Making deductions not authorized by law or written agreement. Mont. Code Ann. Section 39-3-207.
IV. DAMAGES CALCULATION
A. Unpaid Wages
| Category | Calculation | Amount |
|---|---|---|
| Unpaid Overtime | [X hours] x $[regular rate] x 0.5 | $[Amount] |
| Unpaid Minimum Wage | [X hours] x $[shortfall] | $[Amount] |
| Off-the-Clock Work | [X hours] x $[rate] | $[Amount] |
| Total Unpaid Wages | $[Amount] |
B. FLSA Liquidated Damages
Liquidated damages equal to unpaid wages: $[Amount]
C. Montana Penalties
Penalty of up to 110% of wages due under Mont. Code Ann. Section 39-3-206: $[Amount]
D. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| FLSA Liquidated Damages | $[Amount] |
| Montana Penalties (110%) | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name] arising from the wage and hour violations described herein.
This demand will remain open for twenty-one (21) calendar days from the date of this letter, until [Response Deadline Date].
If we do not receive a satisfactory response by that date, we will file suit without further notice in the appropriate Montana District Court or United States District Court for the District of Montana.
VI. DOCUMENT PRESERVATION
This letter constitutes formal notice of our client's claims and intent to file suit. [Company Short Name] must immediately implement a litigation hold to preserve all documents and electronically stored information relevant to these claims.
VII. CONFIDENTIALITY
This letter is a confidential settlement communication made in anticipation of litigation and is protected under Federal Rule of Evidence 408 and Montana Rule of Evidence 408.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Montana State Bar No.]
Enclosures:
- [ ] Authorization to Represent
- [ ] Pay stubs / wage statements
- [ ] Time records (if available)
cc: [Client Name] (via email)