Montana currently maintains a limited approach to pay transparency, with basic wage notification requirements focused on providing compensation information to employees upon written request before starting work. While the state has not yet enacted comprehensive salary posting or disclosure laws, there has been significant legislative activity in recent years aimed at expanding transparency requirements, including proposed legislation that would bring Montana in line with other states requiring pay ranges in job postings.
Here’s what you need to know about Montana pay transparency law requirements for 2025.
Core Law & Compliance
What Is the Montana Pay Transparency Law? (2025 Update)
Montana’s current pay transparency framework is governed primarily by Montana Code Section 39-3-203, which establishes basic wage notification requirements for employees upon written request before starting work in their position.
Under this law, employers must notify employees in writing of their wage rate (whether calculated hourly, daily, weekly, monthly, or yearly) and paydays. This notification must be provided in writing to each employee individually or posted in a conspicuous place where employees can see it.
Montana has seen significant legislative activity around expanding pay transparency requirements. Senate Bill 146, introduced in 2023 as the “Wage Opportunity and Transparency Act,” would have required employers to include wage ranges in job postings and prohibited salary history inquiries, but it did not pass. Most recently, Senate Bill 313 was introduced in February 2025 with similar transparency requirements, though it was tabled in committee in March 2025.
The state also considered the “Montana Paycheck Transparency Act” (HB 547 in 2019), which would have protected employees’ rights to discuss wages and prohibited employer retaliation for wage discussions.
Montana Salary Posting Requirements for Employers
Currently, Montana does not require employers to include salary ranges or wage information in job postings, distinguishing it from states like California, Washington, and New York that mandate upfront compensation disclosure in job advertisements.
However, recent legislative proposals would have changed this. Senate Bill 146 (2023) and Senate Bill 313 (2025) both proposed requiring employers to disclose hourly or salary compensation ranges and benefits information in job postings, similar to requirements in other states.
Under current law, Montana’s requirements are limited to post-hire notification upon employee request, allowing employers significant flexibility in their recruitment and posting practices.
Employers should monitor ongoing legislative developments, as Montana continues to consider comprehensive pay transparency legislation that could substantially expand disclosure requirements.
When Did/Does the Montana Pay Transparency Law Take Effect?
Montana’s basic wage notification requirements under Montana Code Section 39-3-203 have been in effect as part of the state’s fundamental wage payment laws.
The proposed expansions through recent legislation have not yet been enacted, though the ongoing legislative interest suggests Montana may adopt more comprehensive transparency requirements in future sessions.
Employers should stay informed about legislative developments, as Montana appears to be moving toward adopting pay transparency laws similar to those in other states.
Employer Responsibilities
Which Employers Must Comply With the Montana Pay Transparency Law?
Montana’s current wage notification requirements apply to all employers operating in the state, regardless of size or industry. These obligations are considered basic aspects of the employment relationship under Montana wage and hour law.
The proposed legislation that has been considered would also apply to all employers without size-based exemptions, though the specific coverage details would depend on the final legislative language if such bills are enacted.
All Montana employers must currently provide wage rate and payday information upon written employee request before the employee starts work.
Montana Pay Transparency Thresholds by Employer Size
Montana does not currently use employer size thresholds for its basic wage notification requirements. All employers, from small businesses to large corporations, have the same obligations to provide wage information upon written employee request.
The proposed pay transparency legislation that has been considered would also apply to all employers without size-based distinctions, reflecting Montana’s approach of applying fundamental employment requirements uniformly across employer sizes.
This universal approach aligns with Montana’s general preference for consistent application of employment laws regardless of business size.
Penalties for Violating the Montana Pay Transparency Law
Montana enforces its wage notification requirements through the state’s general wage and hour enforcement framework. Violations may be addressed through the Montana Department of Labor and Industry’s administrative processes.
Specific penalties for notification failures are addressed under Montana’s broader wage payment enforcement provisions, which can include monetary penalties and remedial actions for wage law violations.
The proposed legislation that has been considered would have included specific enforcement mechanisms and penalties for transparency violations, though these have not yet been enacted into law.
Employee Rights & Impact
What Employees Should Know About the Montana Pay Transparency Law
Montana employees currently have the right to request written notification of their wage rate and payday information before starting work in their position. This request must be made in writing, and employers must respond with the required information.
Employees can receive this information either through individual written notification or by employers posting the information conspicuously in the workplace where employees can see it.
Under current law, Montana employees do not have statutory rights to salary range information in job postings, post-interview disclosure, or explicit protection for wage discussions with colleagues, though such protections have been proposed in recent legislation.
Employees should be aware that Montana continues to consider expanding transparency requirements, which could provide additional rights in the future.
Employee Rights Under Montana Salary Posting Law
Montana does not currently have salary posting requirements, so employees do not have rights to compensation information in job advertisements or during the application process under state law.
The state’s current transparency framework focuses on post-hire notification upon employee request rather than proactive disclosure during recruitment.
Current employees’ rights are limited to requesting wage rate and payday information in writing before starting work, with employers required to provide this information either individually or through conspicuous workplace posting.
Future legislative developments could significantly expand employee rights regarding compensation transparency and salary range disclosure.
How the Montana Pay Transparency Law Helps Reduce Wage Gaps
Montana’s current minimal pay transparency requirements provide limited direct support for reducing wage gaps compared to comprehensive disclosure laws in other states.
The basic wage notification requirement ensures that employees have access to information about their own compensation terms upon request, which can support individual understanding and advocacy.
Without comprehensive disclosure requirements, salary posting mandates, or explicit wage discussion protections, Montana’s current approach provides minimal systemic support for identifying and addressing wage disparities.
The proposed legislation that has been considered would have provided more robust tools for addressing wage gaps through mandatory pay range disclosure and anti-discrimination provisions.
HR & Legal Best Practices
How HR Teams Can Comply With Montana Pay Transparency Law
HR teams should establish procedures for responding to written employee requests for wage rate and payday information before employees start work in their positions.
Creating standardized processes for providing this information helps ensure consistent compliance with the notification requirements. Employers can satisfy requirements either through individual written responses or by posting the information conspicuously in the workplace.
HR teams should also monitor ongoing legislative developments in Montana, as the state continues to consider comprehensive pay transparency legislation that could significantly expand compliance obligations.
Implementing voluntary transparency practices now may help organizations prepare for potential future requirements while demonstrating commitment to fair compensation practices.
Updating Job Postings to Meet Montana Salary Transparency Rules
Montana does not currently require salary ranges or wage information in job postings, so no updates are necessary for current compliance purposes.
Employers have complete discretion in whether to include compensation information in job advertisements under current state law.
However, given the ongoing legislative interest in pay transparency, many Montana employers are choosing to include salary ranges voluntarily to attract candidates and prepare for potential future requirements.
HR teams should prepare for the possibility that Montana may adopt comprehensive posting requirements similar to those proposed in recent legislation.
Does the Montana Pay Transparency Law Apply to Remote or Hybrid Workers?
Montana’s current wage notification requirements apply to all employees working for Montana employers, regardless of work arrangement or location.
Remote and hybrid workers have the same rights to request wage rate and payday information in writing before starting work as in-office employees.
The minimal scope of Montana’s current requirements means that remote work arrangements do not create additional compliance complexities under current law.
Future legislation could expand requirements to cover remote positions, depending on how such laws are structured if enacted.
Comparison and Broader Context
How Montana Pay Transparency Rules Compare With California and New York
Montana’s current approach differs significantly from California and New York, which have comprehensive salary posting requirements, detailed disclosure obligations, and robust enforcement frameworks.
While California and New York require upfront salary disclosure in job postings and extensive pay data reporting, Montana currently requires only basic wage notification upon written employee request.
However, Montana’s recent legislative proposals would have brought the state much closer to the California and New York models, suggesting the state is considering comprehensive transparency requirements.
Federal Pay Transparency Requirements vs. Montana Law
Montana’s current requirements are substantially more limited than federal protections in some areas, particularly regarding anti-discrimination enforcement and employee rights.
Federal protections under the National Labor Relations Act for wage discussions may provide stronger protections than Montana’s current state law, which does not explicitly address wage discussion rights.
Montana’s minimal approach means that federal law often provides the primary protection for workers regarding compensation transparency and anti-discrimination issues.
Pay Transparency Laws by State: Where Does Montana Stand?
Montana currently ranks among the states with the most limited pay transparency requirements, providing minimal disclosure obligations compared to the growing number of states with comprehensive transparency laws.
However, Montana’s ongoing legislative consideration of comprehensive transparency bills suggests the state may join the growing number of states with robust pay transparency requirements in the future.
The state’s legislative activity indicates awareness of national trends toward enhanced transparency and suggests Montana is actively considering how to address compensation equity issues.
FAQs About the Montana Pay Transparency Law
Do small businesses need to comply with Montana pay transparency law?
Yes, all Montana employers, regardless of size, must comply with the current wage notification requirements under Montana Code Section 39-3-203. This includes providing wage rate and payday information to employees who make written requests before starting work. The requirements apply universally without size-based exemptions, reflecting Montana’s approach of applying basic employment protections to all employers.
How should employers update existing job postings?
Montana does not currently require salary ranges or wage information in job postings, so no updates are necessary for compliance purposes under current law. However, many employers are choosing to include salary ranges voluntarily to attract candidates and prepare for potential future requirements, given ongoing legislative interest in comprehensive pay transparency laws. Employers should monitor legislative developments as requirements could change.
Are salary ranges required for internal postings as well as external ones?
No, Montana does not currently require salary ranges in any job postings, whether internal or external. The state’s requirements focus on post-hire notification upon employee request rather than during the recruitment process. However, recent legislative proposals would have required salary range disclosure in all job postings, including internal ones, so this could change if similar legislation is enacted in the future.
What happens if employers fail to disclose salaries?
Since Montana does not currently require salary disclosure in job postings or during the hiring process, there are no penalties for failing to provide this information. However, employers who fail to provide wage rate and payday information upon written employee request before the employee starts work may face enforcement action through Montana’s general wage and hour enforcement framework. Penalties would be addressed under the state’s broader wage payment law violations.
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