Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Montana law, employers must keep accurate records of employee hours and pay rates. See Mont. Code Ann. § 39-3-207. When those records are missing, you can still pursue a lost wage claim by taking these steps:
- Make a written request: Send a certified letter to your employer asking for pay stubs, timecards, or payroll records. Keep copies for your file.
- Gather alternative evidence:
- Bank and direct‐deposit statements showing payroll deposits.
- Work schedules, calendars, shift‐swap texts or emails.
- Client invoices or project logs indicating hours worked.
- Payroll tax forms (e.g., W-2s, Form 1099).
- Affidavits from coworkers or supervisors who observed your hours.
- Calculate reasonable estimates:
- Determine your typical workweek (for example, 40 hours).
- Use your usual pay rate or a standard rate for your position in Montana from the U.S. Bureau of Labor Statistics.
- Multiply hours by pay rate to arrive at a weekly wage. Adjust for overtime at time and a half if you worked over 40 hours in any week (Mont. Code Ann. § 39-3-201).
- File a complaint: Submit your claim to the Montana Department of Labor & Industry (DLI) Wage and Hour Investigation Bureau. The DLI can issue subpoenas to force record production or order back wages if it finds a violation.
- Consider court action: If the DLI process stalls or if you prefer court, file a civil action in district court. Under Mont. Code Ann. § 39-3-215, you may recover unpaid wages plus statutory penalties and attorney fees if employers fail to pay properly.
Helpful Hints
- Keep a personal time log going forward.
- Save all communications about your schedule.
- Use industry surveys to justify your pay rate.
- Document every step in your records request.
- Consult DLI guides on lost wage claims.
- Seek free legal clinics or nonprofit help if needed.