Montana

The threshold for the payment of prevailing wages on public works projects in Montana is $25,000. The Montana Little Davis-Bacon Act requires at least 50% of the employees of each contractor working on the public works jobs be bona fide Montana residents. Specifically excluded from the law are employees engaged in engineering, superintendence, management, office or clerical work or consulting contracts, contracts with commercial suppliers for goods and supplies, or contractors with professionals licensed under state law.

Compliance Tips:

  • Prevailing wage rate schedules may be obtained upon request. Contact the Department of Labor & Industry, Compliance and Investigations Bureau, at (406) 444-6543, or at http://erd.dli.mt.gov/labor-standards/state-prevailing-wage-rates
  • Responsibilities of the Contracting Agent include: requesting the prevailing wage rate schedule from the Department of Labor & Industry, providing prevailing wage rate schedules in public works contracts let out for bid, provide wage rate adjustments for multi-year contracts in excess of 30 month contract and thereafter for the term of the contract, and including a provision requesting the contractor to give preference to the employment of bona fide Montana residents.
  • Responsibilities of the Contractor and Subcontractor include: posting a prevailing wage rate schedule in a prominent and accessible location on the site of the project or work area, classifying workers in accordance with the craft or trade to be performed and paying the established prevailing wage rate, providing wage rate adjustments for multi-year contracts in excess of 30 month contract and thereafter for the term of the contract, keeping a record of hours and wages paid to the workers, providing payroll records for inspection to the Department of Labor & Industry or the contracting agent upon request, and ensuring that at least 50% of the workers, except where prohibited by federal law, performing labor on the project are Montana residents.
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