(1) Section 39-3-409 , MCA (1989) , provides that the commissioner shall adopt rules to establish, with one exception, a minimum rate of wage the same as that "provided under the federal Fair Labor Standards Act (29 U.S.C. 206 (a) (1) ) ". The exception, found at 39-3-409 (2) , MCA, provides that "the minimum wage rate for a business whose annual gross sales are $110,000 or less is $4 an hour".

(2) The value of tips received by an employee may not be used to meet Montana's minimum wage requirements.

(3) Section 6(a) of the Fair Labor Standards Act (29 U.S.C. 206 (a) (1) ) was amended November 17, 1989, to provide for a minimum wage not less than $3.35 an hour until March 31, 1990; not less than $3.80 an hour for the year beginning April 1, 1990; and not less than $4.25 an hour after March 31, 1991.

(4) Section 6(a) of the Fair Labor Standards Act (29 USC 206(a) (1) ) was amended August 20, 1996, to provide for a minimum wage of not less than $4.75 an hour during the period October 1, 1996 through August 31, 1997, and of not less than $5.15 an hour starting September 1, 1997.