In the case of Bolton v. Butte-Silver Bow Public Works, laborers who were employed in Butte-Silver Bow County’s Water Utility Division had filed a grievance alleging that their schedules had been unilaterally changed without consent or negotiation. After the grievance was denied, they filed wage claims with the Montana Department of Labor and Industry, seeking overtime compensation. However, the claims were closed as the Wage and Hour Unit lacked jurisdiction under the Collective Bargaining Agreement (CBA).
The laborers requested their claims be reopened, asserting that they had worked through their lunch breaks and were owed overtime. The Wage and Hour Unit dismissed the claims, concluding that the laboPeriodsmpletely relieved of duty during their lunch breaks and did not present evidence of being “on call.” The laborers appealed, and the court had to determine whether the laborers were “on call” during their lunch breaks and if they were properly compensated.
The court found that the laborers did not exhaust the grievance procedures within the CBA, which were required to resolve disputes between employers and employees. Additionally, the court determined that the Wage and Hour Unit’s jurisdiction was limited to violations of the Montana Wage Protection Act and the Fair Labor Standards Act.
The Hearing Officer concluded that the laborers were not “on call” during their lunch breaks based on various factors, and there was substantial evidence supporting this finding. The laborers were fully compensated, and their claims were properly dismissed.
Key lessons from this case:
- A grievance procedure is a formal process that allows employees to raise concerns or complaints related to their employment.
- Time periods during which an employee is completely relieved from duty and can use the time effectively for personal purposes are generally not considered hours worked.
- If an employee is required to perform work during their break, they should be compensated with overtime pay for the time worked.
If you want to know more about overtime regulations, read our guide on Montana Overtime Laws.
