16 Montana opinions name it 1 courts 1986–2020 0 in the last five years
The cases below were cited by Montana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Harwood State Bank v. Charongreen2 sentences2015See Harwood State Bank v. Charon, 466 N.W. 2d 601, 605-06 (N.D. 1991). ¶24 While our Opinion here may not be the last word on the subject, we conclude on this record that Barrick’s defense to the wage claim based upon the plain wording of the statute and the authority cited regarding conversion claims, in light of the absence of cited authority to the contrary, has defeated the Tuss Family’s claim for wages and income lost in attending or assisting the criminal proceedings. 2015See Harwood State Bank v. Charon, 466 N.W. 2d 601, 605-06 (N.D. 1991). ¶24 While our Opinion here may not be the last word on the subject, we conclude on this record that Barrick’s defense to the wage claim based upon the plain wording of the statute and the authority cited regarding conversion claims, in light of the absence of cited authority to the contrary, has defeated the Tuss Family’s claim for wages and income lost in attending or assisting the criminal proceedings. | 2 | 2 |
Glaspey v. Workmangreen2 sentences2007This is a wage claim case specifically covered by a more specialized statute, § 39-3-214, MCA, which requires an award of costs which “must include all costs reasonably incurred in connection with the proceeding.” This Court has previously determined that “the legislature’s intent in passing [§ 39-3-214, MCA,] was to provide an employee who wins a judgment for wages due against an employer a vehicle by which to receive attorneys fees and thus be made whole.” Glaspey v. Workman (Glaspey I), 230 Mont. 307, 309 , 749 P.2d 1083, 1084 (1988). 2007This is a wage claim case specifically covered by a more specialized statute, § 39-3-214, MCA, which requires an award of costs which “must include all costs reasonably incurred in connection with the proceeding.” This Court has previously determined that “the legislature’s intent in passing [§ 39-3-214, MCA,] was to provide an employee who wins a judgment for wages due against an employer a vehicle by which to receive attorneys fees and thus be made whole.” Glaspey v. Workman (Glaspey I), 230 Mont. 307, 309 , 749 P.2d 1083, 1084 (1988). | 1 | 2 |
14 Penn Plaza LLC v. Pyettgreen1 sentence2009Wright, 525 U.S. at 81 , 119 S. Ct. at 397 ; see also 14 Penn Plaza, LLC v. Pyett, ___ U.S. ___, 129 S. Ct. 1456, 1474 (2009) (holding that a collective bargaining agreement which “clearly and unmistakably” requires union members to arbitrate claims brought under the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-634 , is enforceable as a matter of federal law). | 1 | 1 |
State v. Mallakgreen2 sentences2009See State v. Mallak, 2005 MT 49, ¶ 31 , 326 Mont. 165 , 109 P.3d 209 . ¶11 At any rate, the established rule is that a wage claim under § 39-3-207, MCA, accrues when the employer’s duty to pay the employee matures and the employer fails to pay the employee. 2009See State v. Mallak, 2005 MT 49, ¶ 31 , 326 Mont. 165 , 109 P.3d 209 . ¶11 At any rate, the established rule is that a wage claim under § 39-3-207, MCA, accrues when the employer’s duty to pay the employee matures and the employer fails to pay the employee. | 1 | 1 |
Huber v. Commissioner of Labor & Industrygreen2 sentences2008Huber v. Com’r of Labor and Industry, 220 Mont. 335, 337 , 715 P.2d 440, 442 (1986). ¶25 Bears incurred the attorney fees that the court awarded in defending his wage claim in District Court. 2008Huber v. Com’r of Labor and Industry, 220 Mont. 335, 337 , 715 P.2d 440, 442 (1986). ¶25 Bears incurred the attorney fees that the court awarded in defending his wage claim in District Court. | 1 | 1 |
Stimac v. Stategreen2 sentences2007The same purpose applies in awarding costs-passing the burden to the employer so that the “employee’s net award is preserved intact and is not eroded by the cost of litigation.” Stimac v. State, 248 Mont. 412, 415 , 812 P.2d 1246, 1248 (1991). 2007The same purpose applies in awarding costs-passing the burden to the employer so that the “employee’s net award is preserved intact and is not eroded by the cost of litigation.” Stimac v. State, 248 Mont. 412, 415 , 812 P.2d 1246, 1248 (1991). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Como v. Rhines
green
2 sentences1988Consequently, as a matter of law, Plaintiíf has no basis for a wage claim against defendant.” Although this question has never been considered in Montana, the lower court found the reasoning in Como v. Rhines (1982), 198 Mont. 279 , 645 P.2d 948 , to be “instructive”. 1988Consequently, as a matter of law, Plaintiíf has no basis for a wage claim against defendant.” Although this question has never been considered in Montana, the lower court found the reasoning in Como v. Rhines (1982), 198 Mont. 279 , 645 P.2d 948 , to be “instructive”. | 2 | 1988–1988 |
Thornton v. Commissioner of Department of Labor & Industry
green
2 sentences2020Thornton, 190 Mont. at 448 , 621 P.2d at 1066 . ¶11 In this case, neither party requested judicial review of the administrative decision. 2020Thornton, 190 Mont. at 448 , 621 P.2d at 1066 . ¶11 In this case, neither party requested judicial review of the administrative decision. | 1 | 2020–2020 |
Hoehne v. Sherrodd, Inc.
green
2 sentences2014When an employee demonstrates that he performed work for which he was not compensated and produces sufficient evidence to show the extent and amount of such work — both of which Singh has done here (infra *261 ¶ 32) — the hearing officer must examine the nature of the payments made by the employer to the employee to determine whether those payments should be applied against the amount that the employee claims he is still owed. ¶21 In Hoehne v. Sherrodd, Inc., 205 Mont. 365 , 668 P.2d 232 (1983), we considered whether DOLI had jurisdiction to rule on the wage claim of an employee who sometimes 2014When an employee demonstrates that he performed work for which he was not compensated and produces sufficient evidence to show the extent and amount of such work — both of which Singh has done here (infra *261 ¶ 32) — the hearing officer must examine the nature of the payments made by the employer to the employee to determine whether those payments should be applied against the amount that the employee claims he is still owed. ¶21 In Hoehne v. Sherrodd, Inc., 205 Mont. 365 , 668 P.2d 232 (1983), we considered whether DOLI had jurisdiction to rule on the wage claim of an employee who sometimes | 1 | 2014–2014 |
In the Matter of Wage Claims of Smith v. Tyad, Inc.
green
2 sentences2014Hoehne, 205 Mont. at 368-69 , 668 P.2d at 234 . ¶22 We similarly determined in Smith v. TYAD, Inc., 2009 MT 180 , 351 Mont. 12 , 209 P.3d 228 , that DOLI had jurisdiction to interpret a contract, in the context of a wage claim, between Playground Lounge and Casino and a group of exotic dancers. 2014Hoehne, 205 Mont. at 368-69 , 668 P.2d at 234 . ¶22 We similarly determined in Smith v. TYAD, Inc., 2009 MT 180 , 351 Mont. 12 , 209 P.3d 228 , that DOLI had jurisdiction to interpret a contract, in the context of a wage claim, between Playground Lounge and Casino and a group of exotic dancers. | 1 | 2014–2014 |
Wright v. Universal Maritime Service Corp.
green
2 sentences2009Wright, 525 U.S. at 81 , 119 S. Ct. at 397 ; see also 14 Penn Plaza, LLC v. Pyett, ___ U.S. ___, 129 S. Ct. 1456, 1474 (2009) (holding that a collective bargaining agreement which “clearly and unmistakably” requires union members to arbitrate claims brought under the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-634 , is enforceable as a matter of federal law). 2009Wright, 525 U.S. at 81 , 119 S. Ct. at 397 ; see also 14 Penn Plaza, LLC v. Pyett, ___ U.S. ___, 129 S. Ct. 1456, 1474 (2009) (holding that a collective bargaining agreement which “clearly and unmistakably” requires union members to arbitrate claims brought under the Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-634 , is enforceable as a matter of federal law). | 1 | 2009–2009 |
Teamsters, Chauffers, Warehousemen & Helpers, Local No. 45 v. Cascade County School District No. 1
neutral
2 sentences2003The County further argues that this case is controlled by our decision in Teamsters v. Cascade County School District No. 1 (1973), 162 Mont. 277 , 511 P.2d 339 , where we held the applicable statute of limitations for a wage claim by a nonteaching school district employee for paid vacation leave was 2 years because the entitlement was created by statute. 2003The County further argues that this case is controlled by our decision in Teamsters v. Cascade County School District No. 1 (1973), 162 Mont. 277 , 511 P.2d 339 , where we held the applicable statute of limitations for a wage claim by a nonteaching school district employee for paid vacation leave was 2 years because the entitlement was created by statute. | 1 | 2003–2003 |
Glaspey v. Workman
green
2 sentences2002In Glaspey II v. Workman (1988), 234 Mont. 374, 377 , 763 P.2d 666, 668 , we held that the mandatory language of § 39-3-214, MCA, required that reasonable attorney fees be awarded to an employee who successfully appealed a wage claim action. 2002In Glaspey II v. Workman (1988), 234 Mont. 374, 377 , 763 P.2d 666, 668 , we held that the mandatory language of § 39-3-214, MCA, required that reasonable attorney fees be awarded to an employee who successfully appealed a wage claim action. | 1 | 2002–2002 |
Rosebud County v. Roan
green
2 sentences1994Rosebud County v. Roan (1981), 192 Mont. 252, 263-64 , 627 P.2d 1222, 1228 . 1994Rosebud County v. Roan (1981), 192 Mont. 252, 263-64 , 627 P.2d 1222, 1228 . | 1 | 1994–1994 |
Boegli v. Glacier Mountain Cheese Co.
green
1 sentence1994More on point, is our decision in Boegli, 777 P.2d 1303 . | 1 | 1994–1994 |
State v. Holman Aviation Co.
neutral
2 sentences1990In State v. Holman Aviation Co. (1978), 176 Mont. 31 , 575 P.2d 923 , the issue was whether M.W.M.H.A. § 408 prevented the State as assignee from pursuing an F.L.S.A. employee’s wage claim under the Montana Wage Payment Act. 1990In State v. Holman Aviation Co. (1978), 176 Mont. 31 , 575 P.2d 923 , the issue was whether M.W.M.H.A. § 408 prevented the State as assignee from pursuing an F.L.S.A. employee's wage claim under the Montana Wage Payment Act. | 1 | 1990–1990 |
Wage Claims of Chagnon v. Hardy Construction Co.
green
2 sentences1986In Chagnon v. Hardy Construction Co. (Mont. 1984), [ 208 Mont. 420 ,] 680 P.2d 932 , 41 St.Rep. 441 , we impliedly held that the district court review of an administrative decision on a wage claim is a suit at law within the meaning of the statute. 1986In Chagnon v. Hardy Construction Co. (Mont. 1984), [ 208 Mont. 420 ,] 680 P.2d 932 , 41 St.Rep. 441 , we impliedly held that the district court review of an administrative decision on a wage claim is a suit at law within the meaning of the statute. | 1 | 1986–1986 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.