Oliver W. Arlington v. Miller's Trucking, Inc.

2017 MT 102N · Supreme Court of Montana · May 2, 2017 · No. DA 16-0719

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

  1. 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.
  2. 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.
  3. The District Court did not err in affirming the Hearing Officer's findings and legal conclusions.

Questions Presented

  1. Whether the Hearing Officer correctly calculated Arlington's unpaid wages and overtime under the pieceworker method following the Court's prior remand.
  2. 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.
  3. 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.

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