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

Mont. Code Ann. § 39-3-209 (2026)

Commissioner Of Labor To Investigate Violations And Institute Actions For Unpaid Wages

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 3
  4. Part 2
  5. 39-3-209 Commissioner of labor to investigate violations and institute actions for unpaid wages

TITLE 39. LABOR

CHAPTER 3. WAGES AND WAGE PROTECTION

Part 2. Payment of Wages

Commissioner Of Labor To Investigate Violations And Institute Actions For Unpaid Wages

39-3-209. Commissioner of labor to investigate violations and institute actions for unpaid wages. The commissioner of labor shall inquire diligently for any violations of this part and institute actions for the collection of unpaid wages and for the penalties provided for in this part in cases that the commissioner of labor considers proper and enforce generally the provisions 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. 1485, Ch. 56, L. 2009.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1980–2023 · leading case: Stanley v. Holms, 883 P.2d 837 (Mont. 1994).
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Hoehne v. Sherrodd, Inc., 668 P.2d 232 (Mont. 1983). · cites it 3× “The Department of Labor and Industry has a statutory duty to enforce Montana wage laws affecting Montana citizens. Section 39-1-102, MCA.”
Stanley v. Holms, 883 P.2d 837 (Mont. 1994). · cites it 8× “In support of its argument, Great Northern relies on § 39-3-209, MCA. That section provides as follows: It shall be the duty of the commissioner of labor to inquire diligently for any violations of this part and to institute actions for the collection of unpaid wages and for the…”
In the Matter of Wage Claims of Smith v. Tyad, Inc., 2009 MT 180 (Mont. 2009). · cites it 2× “*17 DISCUSSION ¶24 Did DOLI exceed its jurisdiction by adjudicating non-wage claims and imposing penalties on recoveries that were not wages? ¶25 Citing § 39-3-209, MCA (2003), 2 TYAD argues that DOLI has jurisdiction over the dancers’ wage claims and the assessment of penalties…”
Boegli v. Glacier Mountain Cheese Co., 777 P.2d 1303 (Mont. 1989). “See §§ 39-3-209 to 213, MCA. While this argument is discernible, we hold that it does not *430 provide sufficient basis for this Court to ignore the plain language of § 39-3-408, MCA.”
Art v. Montana Dep't of Labor & Indus. ex rel. Mason, 2002 MT 327 (Mont. 2002). · cites it 3× “Section 39-3-209, MCA (1995). The commissioner of the Department is empowered by § 39-3-202, MCA (1995), to issue, amend and enforce rules for the purpose of carrying out the wage protection provisions.”
State v. Wilson, 614 P.2d 1066 (Mont. 1980). · cites it 9× “” Part 2, section 39-3-209, MCA, gives the commissioner of labor authority to bring a wage claim action and, in fact, makes it his duty to institute actions for the collection of unpaid wages and for penalties where necessary to enforce the law without any requirement that there…”
J. Watson v. FWP, 2023 MT 239 (Mont. 2023). · cites it 3× “” Section 39-3-209, MCA. The Commissioner may “take an assignment of the claim in trust for the employee and may maintain any proceeding appropriate to enforce the claim, including liquidated damages pursuant to this part.”
Am.'s Best Contractors, Inc. v. Singh, 2014 MT 70 (Mont. 2014). · cites it 3× “Section 39-3-209, MCA. Employers are required to pay each employee the wages earned by the employee, § 39-3-204(1), MCA, and when an employer fails to pay an employee in the timeframe prescribed by law, a penalty must be assessed against and paid by the employer to the employee…”
Intermountain Deaconess Home for Child. v. State, Dep't of Labor & Indus., 623 P.2d 1384 (Mont. 1981). · cites it 2× “1978, Section 39-3-209 requires the commissioner to institute actions for collection of unpaid wages & penalties.”
State v. Wilson (Mont. 1980). · cites it 9× “" Part 2, section 39-3-209, MCA, gives the commissioner of labor authority to bring a wage claim action and, in fact, makes it his duty to institute actions for the col- lection of unpaid wages and for penalties where necessary to enforce the law without any requirement that…”
Hoven, Vervick & Amrine, P.C. v. Montana Comm'r of Labor, 774 P.2d 995 (Mont. 1989). “§§ 39-3-209 and 39-3-210, MCA. Further, under § 2-15-112(2)(b), MCA, the Commissioner, as the head of the Department of Labor and Industry, may delegate these functions to a subordinate employee.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.