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

Mont. Code Ann. § 39-3-212 (2026)

Court Enforcement Of Administrative Decision

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 3
  4. Part 2
  5. 39-3-212 Court enforcement of administrative decision

TITLE 39. LABOR

CHAPTER 3. WAGES AND WAGE PROTECTION

Part 2. Payment of Wages

Court Enforcement Of Administrative Decision

39-3-212. Court enforcement of administrative decision. (1) A department default order or a decision of the hearings officer, if judicial review is not sought, may be enforced by application by the commissioner to a district court for an order or judgment enforcing the decision. The commissioner shall apply to the district court where the employer has its principal place of business or in the first judicial district of the state. A proceeding under this section is not a review of the validity of the administrative decision.

(2) If judicial review is sought, the district court may issue an order or a judgment enforcing the decision of the department or the hearings officer in a wage claim proceeding. In a case involving failure to pay the standard prevailing rate of wages provided for in Title 18, chapter 2, part 4, the district court may issue an order or a judgment enforcing the decision of the hearings officer.

History: En. 41-1314.4 by Sec. 1, Ch. 197, L. 1974; R.C.M. 1947, 41-1314.4; amd. Sec. 4, Ch. 554, L. 1989; amd. Sec. 3, Ch. 490, L. 1991; amd. Sec. 5, Ch. 90, L. 1995; amd. Sec. 4, Ch. 442, L. 1999.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1981–2023 · leading case: Boegli v. Glacier Mountain Cheese Co., 777 P.2d 1303 (Mont. 1989).
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Boegli v. Glacier Mountain Cheese Co., 777 P.2d 1303 (Mont. 1989). · cites it 4× “Specifically, the defendant points to § 39-3-212, MCA, enacted in 1974, which gives the Commissioner the right to apply to a district court for an order enforcing the Commissioner’s determination.”
Thornton v. Comm'r of Dep't of Labor & Indus., 621 P.2d 1062 (Mont. 1981). · cites it 3× “) Section 39-3-212, MCA, provides: “A determination by the Commissioner of Labor and Industry made after a hearing may be enforced by application by the Commissioner to a district court for an order or judgment enforcing the determination if the time provided to initiate…”
J. Watson v. FWP, 2023 MT 239 (Mont. 2023). · cites it 3× “” Section 39-3-212(1), MCA. For a repeated violation, “an employee may recover wages and penalties for a period of 3 years .”
Labor & Indus., Montana Dep't of v. D. Harris, 2020 MT 164 (Mont. 2020). · cites it 14× “4, contending that applications for enforcement of judgment do not require service under §§ 39-3-212 and -216, MCA. ¶3 The District Court disagreed with DLI’s interpretation of the statutes, concluding that the filing of an application for enforcement of judgment initiates a…”
A. Edwards v. Turley Dental, 2023 MT 215N (Mont. 2023). · cites it 2× “5 ¶8 Following discovery, Turley Dental moved for summary judgment on the remaining counts, and on February 22, 2022, the District Court granted summary judgment on Count II (discrimination under § 39-3-212(2), MCA) and Count IV (invasion of privacy).”
Dept. of Labor v. Miller, 1999 MT 152N (Mont. 1999). · cites it 2× “The present matter derives from a judgment to enforce a final administrative decision under § 39-3-212, MCA, rather than a judicial entry of default.”
— Mont. Code Ann. § 39-3-212(1) — 2 cases
J. Watson v. FWP, 2023 MT 239 (Mont. 2023). “” Section 39-3-212(1), MCA. For a repeated violation, “an employee may recover wages and penalties for a period of 3 years .”
Labor & Indus., Montana Dep't of v. D. Harris, 2020 MT 164 (Mont. 2020). “4, contending that applications for enforcement of judgment do not require service under §§ 39-3-212 and -216, MCA. ¶3 The District Court disagreed with DLI’s interpretation of the statutes, concluding that the filing of an application for enforcement of judgment initiates a…”
— Mont. Code Ann. § 39-3-212(2) — 1 case
A. Edwards v. Turley Dental, 2023 MT 215N (Mont. 2023). “5 ¶8 Following discovery, Turley Dental moved for summary judgment on the remaining counts, and on February 22, 2022, the District Court granted summary judgment on Count II (discrimination under § 39-3-212(2), MCA) and Count IV (invasion of privacy).”
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