Rosebud County v. Roan

Lyndon Roan, a wage claimant, and the Department of Labor and Industry, appeal the decision of the Rosebud County District Court which reversed a ruling of the Department awarding Roan overtime pay as an employee of Rosebud County, and also reversing the penalty award for failure to pay the overtime.

Lyndon Roan left the employ of Rosebud County on January 17, 1979. On February 3, 1979, he filed a claim with the Department of Labor and Industry alleging that Rosebud County failed to pay him for 426.75 hours worked as overtime. At the hearing on June 21, 1979, Roan reduced his claim to 358…