Summary
The Montana Supreme Court affirmed the District Court’s judgment upholding an agency decision awarding Oliver W. Arlington unpaid overtime and minimum wages, plus a penalty, in his wage dispute with Miller’s Trucking, Inc. The court held that the Hearing Officer correctly calculated wages under the pieceworker method and properly applied the reduced penalty provision.
Holdings
- The District Court did not err in affirming the Hearing Officer's interpretation and application of the pieceworker method to calculate Arlington's wages and overtime.
- The Hearing Officer properly determined that the penalty could be reduced to 55 percent of the wages owed if Miller's Trucking paid the wages within 30 days.
- The District Court did not err in affirming the Hearing Officer's findings and legal conclusions.
Questions Presented
- Whether the Hearing Officer correctly calculated Arlington's unpaid wages and overtime under the pieceworker method following the Court's prior remand.
- Whether the Hearing Officer correctly determined that a penalty of 55 percent of wages owed would apply if Miller's Trucking paid within 30 days, rather than the otherwise applicable 110 percent penalty.
- Whether the District Court properly affirmed the agency decision under the substantial-evidence and legal-correctness standards.
Disposition
affirmed
Cases Cited (6)
- Arlington v. Miller's Trucking, 2012 MT 89, ¶ 46, 364 Mont. 534, 277 P.3d 1198(followed)
- Arlington v. Miller's Trucking, 2015 MT 68, ¶ 37, 378 Mont. 324, 343 P.3d 1222(followed)
- Ostergren v. Dep't of Revenue, 2004 MT 30, ¶ 11, 319 Mont. 405, 85 P.3d 122(applied)
- Blaine County v. Stricker, 2017 MT 80, ¶ 26(applied)
- Schmidt v. Cook, 2005 MT 53, ¶ 31, 326 Mont. 202, 108 P.3d 511(applied)
- State Pers. Div. v. Child Support Investigators, 2002 MT 46, ¶ 19, 308 Mont. 365, 43 P.3d 305(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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