Wage Claim of Mays v. Sam's Inc.Annotate this Case
The Supreme Court affirmed the order of the district court affirming in part and reversing in part a decision of the Department of Labor and Industry's Office of Administrative Hearings on Elizabeth Mays' wage claim against Sam's Inc., holding the district court's judgment was without error.
Mays filed a wage claim against Sam's with the Montana Department of Labor and Industry, alleging that she was misclassified as an independent contract and was owed to employment wages for the hours she worked. After the Independent Contractor Central Unit determined that Mays was an employee the Wage and Hour Unit determined that Mays was owed $33.43 in wages. The district court reversed the agency's determinations that Sam's was entitled to an offset for Mays' tips and that Sam's was not required to pay a penalty. Mays appealed. The Supreme Court affirmed, holding (1) the district court's order constituted a final order in a contested case for which judicial review was available; (2) the district court did not err by affirming the agency's determination of the terms of Mays' employment; and (3) the district court did not err by affirming the agency's finding that Sam's was not obligated to reimburse Mays for fees.