Terry v. Board of Regents of Higher Education

Ernest Terry, the plaintiff, appeals a Gallatin County District Court order granting the defendant’s motion to dismiss and/or for summary judgment. The District Court upheld an administrative decision of the Labor Standards Division and determined that the plaintiff was a farm worker and an employee employed in agriculture and therefore exempt from the overtime provision of Section 39-3-405(1), MCA. On appeal, plaintiff raises issues concerning judicial review of an administrative decision, his status as an employee of the University and the certification of this action as a class action…