Independent Contractor: Jurisdiction

MONTANA SUPREME COURT DECISIONS

Art v. DOLI, Patricia Mason, 313 Mont. 197, 2002 MT 327, 60 P.3d 958 (2002). District Court correctly concluded that alleged employer must exhaust available administrative remedies before District Court may assume jurisdiction over appeal of determination that alleged employer owed domestic worker unpaid overtime wages.

WORKERS' COMPENSATION COURT DECISIONS

TYAD, Inc. v. ICCU [04/08/05] 2005 MTWCC 16 Under a 2001 amendment to the Workers’ Compensation Act, the Workers’ Compensation Court has jurisdiction over independent contractor disputes involving not only workers’ compensation and unemployment insurance issues but also those involving wage claims. § 39-71-415(3), MCA (2001-2003).

Mortensen v. ICCU [7/12/01] 2001 MTWCC 38 Under 1999 legislation the Workers' Compensation Court has jurisdiction over employment status disputes arising under unemployment insurance laws. Jurisdiction is de novo. §§ 39-51-1109, 39-71-415.

Mortensen v. ICC [7/14/00] 2000 MTWCC 43 Jurisdiction of Workers’ Compensation Court to determine employee vs. independent contractor status is limited to disputes under the Workers’ Compensation and Unemployment Insurance Acts. It does not extend to wage and hour claims.

Art v. Independent Contractor Central Unit ex. rel. Patricia Mason [6/23/00] 2000 MTWCC 37 While HB 592, enacted by 1999 Montana Legislature, intended to place jurisdiction over the determination of IC status in the WCC for workers' compensation, unemployment insurance, and wage and hour matters, the actual statutory amendments failed to transfer jurisdiction over the IC issue in wage and hour claims. Thus, WCC has jurisdiction over the IC issue in WC and UI cases, but not in wage and hour disputes.