39-3-214. Court costs and attorney fees. (1) Whenever it is necessary for the employee to enter or maintain a suit at law for the recovery or collection of wages due as provided for by this part, a resulting judgment must include a reasonable attorney fee in favor of the successful party, to be taxed as part of the costs in the case.
(2) A judgment for the plaintiff in a proceeding pursuant to this part must include all costs reasonably incurred in connection with the proceeding, including attorney fees.
(3) If the proceeding is maintained by the commissioner of labor, court costs or fees are not required of the commissioner of labor nor is the commissioner of labor required to furnish any bond or other security that might otherwise be required in connection with any phase of the proceeding.
History: (1)En. Sec. 6, Ch. 11, L. 1919; re-en. Sec. 3089, R.C.M. 1921; re-en. Sec. 3089, R.C.M. 1935; Sec. 41-1306, R.C.M. 1947; (2), (3)En. Sec. 4, Ch. 40, L. 1967; Sec. 41-1314.2, R.C.M. 1947; R.C.M. 1947, 41-1306, 41-1314.2(part); amd. Sec. 15, Ch. 397, L. 1979; amd. Sec. 1488, Ch. 56, L. 2009.
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