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

Mont. Code Ann. § 39-3-208 (2026)

Contracts In Violation Of Part Void

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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 3
  4. Part 2
  5. 39-3-208 Contracts in violation of part void

TITLE 39. LABOR

CHAPTER 3. WAGES AND WAGE PROTECTION

Part 2. Payment of Wages

Contracts In Violation Of Part Void

39-3-208. Contracts in violation of part void. Any contract or agreement made between an employer and an employee the provisions of which violate, evade, or circumvent this part is unlawful and void, but the employee may sue to recover the wages earned, together with the penalty specified in 39-3-206 or separately to recover the penalty if the wages have been paid.

History: En. Sec. 5, Ch. 11, L. 1919; re-en. Sec. 3088, R.C.M. 1921; re-en. Sec. 3088, R.C.M. 1935; R.C.M. 1947, 41-1305; amd. Sec. 12, Ch. 397, L. 1979; amd. Sec. 2, Ch. 490, L. 1991; amd. Sec. 3, Ch. 134, L. 1993.

Notes of Decisions
Cited in 5 cases, 1980–2009 · leading case: Old Elk v. Healthy Mothers, Healthy Babies, Inc., 2003 MT 167, 73 P.3d 795.
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Old Elk v. Healthy Mothers, Healthy Babies, Inc., 2003 MT 167, 73 P.3d 795. · cites it 2× “Specifically, the Appellants assert that: (1) the Agreements were void under § 39-3-208, MCA (1993), of the wage and hour laws, which provides that contracts *324 between an employer and an employee may not violate, evade or circumvent the wage and hour laws; and (2) the…”
Weston v. Montana State High. Comm'n, 606 P.2d 150 (Mont. 1980). · cites it 3× “The appellant has argued that section 39-3-208, MCA be applied as an additional remedy.”
Stanley v. Holms, 883 P.2d 837 (Mont. 1994). · cites it 3× “) Section 39-3-208, MCA, states: Any contract or agreement made between an employer and an employee the provisions of which violate, evade, or circumvent this part is unlawful and void, but the employee may sue to recover the wages earned, together with the penalty specified in…”
In the Matter of Wage Claims of Smith v. Tyad, Inc., 2009 MT 180, 209 P.3d 228. · cites it 2× “The Wage Unit also concluded that the stage fees were impermissible withholdings and constituted kick-backs to TYAD.”
Reier Broad. Co., Inc. v. Reier, 2000 MT 120, 1 P.3d 940. · cites it 2× “As for the “Memo of Understanding,” the law provides that under § 39-3-208, MCA, “[a]ny contract or agreement made between an employer and an employee the provisions of which violate, evade, or circumvent this part is unlawful and void.”
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