Mont. Code Ann. » TITLE 39. LABOR · CHAPTER 3. WAGES AND WAGE PROTECTION · Part 2. Payment of Wages
Montana Code Annotated

Mont. Code Ann. § 39-3-206 (2026)

Penalty For Failure To Pay Wages At Times Specified In Law

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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 3
  4. Part 2
  5. 39-3-206 Penalty for failure to pay wages at times specified in law

TITLE 39. LABOR

CHAPTER 3. WAGES AND WAGE PROTECTION

Part 2. Payment of Wages

Penalty For Failure To Pay Wages At Times Specified In Law

39-3-206. Penalty for failure to pay wages at times specified in law. (1) An employer who fails to pay an employee as provided in this part or who violates any other provision of this part is guilty of a misdemeanor. A penalty must also be assessed against and paid by the employer to the employee in an amount not to exceed 110% of the wages due and unpaid.

(2) Nothing in this section may be construed to relieve an employer from the requirement to pay an employee the full amount of wages due if the employer is found in violation of this part.

History: En. Sec. 2, Ch. 11, L. 1919; re-en. Sec. 3085, R.C.M. 1921; re-en. Sec. 3085, R.C.M. 1935; amd. Sec. 2, Ch. 169, L. 1941; amd. Sec. 1, Ch. 40, L. 1967; R.C.M. 1947, 41-1302(part); amd. Sec. 1, Ch. 490, L. 1991; amd. Sec. 2, Ch. 134, L. 1993.

Notes of Decisions
Cited in 51 cases (1 in the last 5 years), 1979–2023 · leading case: Kuhr v. City of Billings, 2007 MT 201, 168 P.3d 615.
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Kuhr v. City of Billings, 2007 MT 201, 168 P.3d 615. · cites it 16× “” Section 39-3-206, MCA. The maximum penalty of 110 percent of the wages owed must be assessed if the following special circumstances exist: (a) the employer fails to provide information requested by the department and/or does not cooperate in the department’s investigation of…”
Langager v. Crazy Creek Prods., Inc., 1998 MT 44, 954 P.2d 1169. · cites it 12× “On July 28, 1994, DOL compliance specialist Jim Dobbins authored a written determination in which he ruled that Crazy Creek owed Langager two weeks of vacation pay, in an amount of $520, along with penalties pursuant to § 39-3-206, MCA. ¶ 10 Crazy Creek subsequently requested a…”
Thornton v. Comm'r of Dep't of Labor & Indus., 621 P.2d 1062 (Mont. 1981). · cites it 15× “Pursuant to section 39-3-206, MCA, the examiner assessed a penalty on this portion of the wages due which resulted in a net amount due appellant of $693.”
Como v. Rhines, 645 P.2d 948 (Mont. 1982). · cites it 14× “The District Court awarded damages to respondent against both appellants in the amount of $3,754, including $1,000 for one month’s salary, *281 $1,754 for travel and moving expenses, and a penalty of $1,000 as provided by section 39-3-206, MCA. Respondent was also awarded…”
Oster v. Valley Cnty., 2006 MT 180, 140 P.3d 1079. · cites it 8× “¶22 In addition to seeking recovery of his salary deficiency, Oster sought relief in the District Court for violation by the County of § 39-3-206, MCA, which mandates a penalty against employers who fail to pay employees.”
Arrowhead Sch. Dist. 75 v. Klyap, 2003 MT 294, 79 P.3d 250. · cites it 4× “2d 913, 917 (citing § 39-3-407, MCA, and § 39-3-206, MCA), we have never addressed a liquidated damages clause in a personal service contract in Montana.”
Craver v. Waste Mgmt. Ptrs. of Bozeman, 874 P.2d 1 (Mont. 1994). · cites it 12× “*44 ISSUE 3 Did the court err in assessing penalties against TRD? TRD argues that § 39-3-207, MCA, limits the amount of statutory penalties provided for in § 39-3-206, MCA, to penalties based on unpaid wages which have accrued during the eighteen-month period prior to the filing…”
Delaware v. K-Decorators, Inc., 1999 MT 13, 973 P.2d 818. · cites it 7× “As a result, an employer who fails to pay an employee his or her earned commissions in accordance with the Wage Protection Act is subject to § 39-3-206(1), MCA, which provides that an employer who fails to pay an employee as provided by the Wage Protection Act must be assessed a…”
Rosebud Cnty. v. Roan, 627 P.2d 1222 (Mont. 1981). · cites it 17× “Under section 39-3-206, MCA, the hearings officer also ruled that the County must pay the penalty in the amount of the overtime wages owed.”
Wage Claims of Stewart v. Region II Child & Fam. Servs., 788 P.2d 913 (Mont. 1990). · cites it 8× “50 in back wages and an equal amount in penalties as required by § 39-3-206, MCA. The Department found that it had no authority to grant the claimants' request for attorney fees.”
Stark v. Circle K Corp., 751 P.2d 162 (Mont. 1988). · cites it 6× “Section 39-3-206, MCA, provides the following penalties for failure to comply with § 39-3-205: Any employer, as such employer is defined in this part, who fails to pay any of his employees as provided in this part or violates any other provision of this part shall be guilty of a…”
Favel v. Am. Renovation & Constr. Co., 2002 MT 266, 59 P.3d 412. · cites it 4× “Moreover, inasmuch as Workers' claims for either negligence or for penalties under § 39-3-206, MCA, were not decided by the state court nor raised on appeal, we will not consider those claims here.”
Show all 51 citing cases →
Mont. Code Ann. § 39-3-206(1): 8 cases
Delaware v. K-Decorators, Inc., 1999 MT 13, 973 P.2d 818. “As a result, an employer who fails to pay an employee his or her earned commissions in accordance with the Wage Protection Act is subject to § 39-3-206(1), MCA, which provides that an employer who fails to pay an employee as provided by the Wage Protection Act must be assessed a…”
West v. Club at Spanish Peaks, L.L.C., 2008 MT 183, 186 P.3d 1228.
Craver v. Waste Mgmt. Ptrs. of Bozeman, 874 P.2d 1 (Mont. 1994). “*44 ISSUE 3 Did the court err in assessing penalties against TRD? TRD argues that § 39-3-207, MCA, limits the amount of statutory penalties provided for in § 39-3-206, MCA, to penalties based on unpaid wages which have accrued during the eighteen-month period prior to the filing…”
Stanley v. Holms, 883 P.2d 837 (Mont. 1994).
Griz One v. State DOLI, 2020 MT 285, 475 P.3d 739.
Mont. Code Ann. § 39-3-206(2): 1 case
Craver v. Waste Mgmt. Ptrs. of Bozeman, 874 P.2d 1 (Mont. 1994). “*44 ISSUE 3 Did the court err in assessing penalties against TRD? TRD argues that § 39-3-207, MCA, limits the amount of statutory penalties provided for in § 39-3-206, MCA, to penalties based on unpaid wages which have accrued during the eighteen-month period prior to the filing…”
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