Watters v. City of BillingsAnnotate this Case
In this appeal concerning whether the district court properly determined that the City of Billings (City) did not owe unpaid longevity or other unpaid wages to its police officers (Officers) the Supreme Court affirmed the court's longevity determination and remanded for consideration of the non-longevity claims applying the appropriate limitations and look-back periods.
The Officers sued the City to recover unpaid wages, including longevity pay and other employment benefits, under the Wage Protection Act, Mont. Code Ann. 39-3-206. In a prior appeal, the Supreme Court remanded for a determination of whether the City owed the Officers unpaid longevity and other wages, penalties, costs and attorney fees. The district court granted summary judgment to the City, finding the longevity issue dispositive. The Supreme Court affirmed in part and reversed and remanded in part, holding that the district court (1) correctly concluded that the City did not owe the Officers unpaid longevity; but (2) erred in dismissing without consideration the Officers' claims for non-longevity wage items and in declining to address the applicable statute of limitations, look-back period, and potential award of penalties, attorney fees and costs for those claims.