Montana prevailing wage law
Whether Montana requires prevailing wages on public construction, from what contract size, who sets the rates, and what contractors file. Each fact links its official source and the date it was checked.
Prevailing wage in Montana at a glance
- State prevailing wage law
- In forceMCA 18-2-401 to 18-2-432
- Contract threshold
- Over $25,000
- Certified payroll
- Kept for inspection, not filed routinely
- Federal work
- Davis-Bacon, over $2,000
Montana prevailing wage rules
- The law
- Montana requires the standard prevailing rate of wages, including fringe benefits, on public works contracts over $25,000 (MCA 18-2-403, 18-2-401).Source: Montana Code Annotated 18-2-403, Preference of Montana labor in public works -- wages (opens in a new tab), checked October 6, 2026
- Who it covers
- Contracts for construction services let by the state, a county, municipality, school district or political subdivision (MCA 18-2-401(11)); also contracts over $25,000 financed from certain bond proceeds (MCA 18-2-403(7)).Source: Montana Code Annotated 18-2-401, Definitions (opens in a new tab), checked October 6, 2026
- Threshold
- Applies to a public works contract whose total cost is in excess of $25,000 (MCA 18-2-401(11)).Source: Montana Code Annotated 18-2-401, Definitions (opens in a new tab), checked October 6, 2026
- Agency
- Montana Department of Labor & Industry, Employment Standards Division (opens in a new tab)Source: Montana Department of Labor & Industry, Montana Prevailing Wage Rates (opens in a new tab), checked October 6, 2026
- Rates
- Rate determinations (opens in a new tab)The department's yearly rate publications (2026: building, heavy and highway construction, and nonconstruction services), set from an annual survey of contractors.Source: Montana Department of Labor & Industry, Montana Prevailing Wage Rates (opens in a new tab), checked October 6, 2026
- Certified payroll
- No routine filing. If a complaint is filed, the department may require certified copies of the project's payroll records, due within 5 days of its request; contractors pay hourly employees weekly and keep payroll records 3 years (MCA 18-2-423, 18-2-422).Source: Montana Code Annotated 18-2-423, Submission of payroll records (opens in a new tab), checked October 6, 2026
- Registration
- Part 4 has no public-works registration, but a construction contractor needs a current license from the department to do business in Montana (MCA 37-45-201, enacted 2025, Ch. 644). Exempt are, among others, contractors with no employees, licensed electricians and plumbers within their license, and jobs under $2,500 (MCA 37-45-104).Source: Montana Code Annotated 37-45-201, Construction contractor license required (opens in a new tab), checked October 6, 2026
Federally funded work in Montana
On a project whose federal funding carries Davis-Bacon, the federal rules apply whatever the state law says. Whether Montana's own law applies as well is in its coverage above: some state laws leave federally funded projects out.
- Davis-Bacon
- Federal Davis-Bacon labor standards apply to contracts over $2,000 for the construction, alteration or repair of public buildings or public works, or of work financed with federal funds under a law that requires Davis-Bacon, one of the Related Acts (29 CFR 5.5(a)).Source: 29 CFR 5.5, Contract provisions and related matters (opens in a new tab), checked October 6, 2026
- Certified payroll
- On Davis-Bacon work, each contractor and subcontractor submits certified payrolls weekly, for each week of covered work; the prime contractor is responsible for its subcontractors' payrolls (29 CFR 5.5(a)(3)(ii)(A)).Source: 29 CFR 5.5, Contract provisions and related matters (opens in a new tab), checked October 6, 2026
More for Montana contractors
WORKLIO HCM
Prevailing wage and certified payroll in Worklio HCM
Set up prevailing wage rates by project, location and classification: your team assigns each worker's classification and apprentice step, and payroll applies the rates. Fringe benefits are calculated as cash or plan contributions, union dues and benefit packages are deducted with remittance reports by local, apprentices are paid at progressive rates by level, and WH-347 certified payroll reports carry job costing segments. Workers' comp class codes are set per job and employee. Union, prevailing wage, and certified payroll is available as an add-on to any plan.
See the union, prevailing wage, and certified payroll add-on
Prevailing wage in other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Sources
The statute, agency page or federal rule behind each fact, as checked.
- Montana Code Annotated 18-2-403, Preference of Montana labor in public works -- wages (opens in a new tab), checked October 6, 2026
- Montana Code Annotated 18-2-401, Definitions (opens in a new tab), checked October 6, 2026
- Montana Department of Labor & Industry, Montana Prevailing Wage Rates (opens in a new tab), checked October 6, 2026
- Montana Code Annotated 18-2-423, Submission of payroll records (opens in a new tab), checked October 6, 2026
- Montana Code Annotated 37-45-201, Construction contractor license required (opens in a new tab), checked October 6, 2026
- 29 CFR 5.5, Contract provisions and related matters (opens in a new tab), checked October 6, 2026
General information, not legal or tax advice. Rules change; confirm current requirements with the relevant agency or your advisor. You remain responsible for paying the required rates and filing on time.