39-3-207. Period within which employee may recover wages and penalties. (1) An employee may recover all wages and penalties provided for the violation of 39-3-206 by filing a complaint within 180 days of default or delay in the payment of wages.
(2) Except as provided in subsection (3), an employee may recover wages and penalties for a period of 2 years prior to the date on which the claim is filed if the employee is still employed by the employer or for a period of 2 years prior to the date of the employee's last date of employment.
(3) If an employer has engaged in repeated violations, an employee may recover wages and penalties for a period of 3 years from the date on which a claim is filed if the employee is still employed by the employer or for a period of 3 years prior to the date of the employee's last date of employment.
History: En. Sec. 4, Ch. 11, L. 1919; re-en. Sec. 3087, R.C.M. 1921; re-en. Sec. 3087, R.C.M. 1935; amd. Sec. 1, Ch. 234, L. 1973; R.C.M. 1947, 41-1304; amd. Sec. 3, Ch. 442, L. 1999.
Structure Montana Code Annotated
Chapter 3. Wages and Wage Protection
39-3-202. Rulemaking power of commissioner
39-3-203. Employer to notify employee on written demand as to rate of wages and date of paydays
39-3-204. Payment of wages generally
39-3-205. Payment of wages when employee separated from employment prior to payday -- exceptions
39-3-206. Penalty for failure to pay wages at times specified in law
39-3-207. Period within which employee may recover wages and penalties
39-3-208. Contracts in violation of part void
39-3-209. Commissioner of labor to investigate violations and institute actions for unpaid wages
39-3-210. Investigative powers of commissioner of labor
39-3-211. Commissioner of labor to take wage assignments
39-3-212. Court enforcement of administrative decision
39-3-213. Disposition of wages
39-3-214. Court costs and attorney fees
39-3-215. Authority of county attorney
39-3-216. Mediation -- hearing
39-3-218. Tip pools allowed -- requirements -- prohibitions -- compulsory charges distinguished