Mont. Code Ann. » TITLE 39. LABOR · CHAPTER 3. WAGES AND WAGE PROTECTION · Part 4. Minimum Wage and Overtime Compensation
Montana Code Annotated

Mont. Code Ann. § 39-3-407 (2026)

Enforcement

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  1. MCA Contents
  2. TITLE 39
  3. CHAPTER 3
  4. Part 4
  5. 39-3-407 Enforcement

TITLE 39. LABOR

CHAPTER 3. WAGES AND WAGE PROTECTION

Part 4. Minimum Wage and Overtime Compensation

Enforcement

39-3-407. Enforcement. Enforcement of this part shall be treated as a wage claim action and shall be pursued in accordance with part 2 of this chapter, as amended. This part may also be enforced in accordance with part 5 of this chapter for the benefit of certain employees in the mineral and oil industry. The commissioner may enforce this part without the necessity of a wage assignment.

History: En. Sec. 6, Ch. 417, L. 1971; amd. Sec. 2, Ch. 363, L. 1973; R.C.M. 1947, 41-2306; amd. Sec. 1, Ch. 49, L. 1979.

Notes of Decisions
Cited in 8 cases, 1980–2003 · leading case: Arrowhead Sch. Dist. 75 v. Klyap, 2003 MT 294, 79 P.3d 250.
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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.”
Wage Claims of Stewart v. Region II Child & Fam. Servs., 788 P.2d 913 (Mont. 1990). · cites it 4× “ensures workers a minimum living standard by setting minimum hourly wages, § 39-3-404, MCA, and maximum allowable work hours per week, § 39-3-405, MCA.”
Berry v. KRTV Commc'ns, Inc., 865 P.2d 1104 (Mont. 1993). · cites it 4× “allows employees to recover unpaid wages plus up to 100% in liquidated damages, § 39-3-407, MCA; § 39-3-206, MCA. Stewart, 788 P.”
Boegli v. Glacier Mountain Cheese Co., 777 P.2d 1303 (Mont. 1989). · cites it 2× “Contrastingly, § 39-3-408, MCA, is subject to § 39-3-407, MCA, which requires enforcement of Part 4 to be pursued in accordance with Part 2.”
Stanley v. Holms, 883 P.2d 837 (Mont. 1994). · cites it 4× “For example, § 39-3-408, MCA, which provides for cumulative remedies, refers to the remedies provided for in Part 4 at § 39-3-407, MCA. That section provides that: Enforcement of this part shall be treated as a wage claim action and shall be pursued in accordance with part 2 of…”
State v. Wilson, 614 P.2d 1066 (Mont. 1980). · cites it 6× “Section 39-3-407, MCA, allows the Commissioner of Labor and Industry to enforce the minimum wage and overtime compensation law without the necessity of a wage assignment and it authorizes enforcement to be treated as a wage claim action, indicating that the Department may act on…”
Wage Claims of Babinecz v. Montana High. Patrol, 2003 MT 107, 68 P.3d 715. · cites it 2× “Section 39-3-206, MCA (1995), § 39-3-407, MCA (1995). The WPA’s § 39-3-408, MCA (1995), provides: Provisions cumulative.”
State v. Wilson, No. 79-051 (Mont. July 30, 1980). · cites it 6× “Section 39-3-407, MCA, allows the Commissioner of Labor and Industry to enforce the minimum wage and overtime com- pensation law without the necessity of a wage assignment and it authorizes enforcement to be treated as a wage claim action, indicating that the Department may act…”
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