Huber v. Commissioner of Labor & Industry

Scott Kirschenmann appeals a Lincoln County District Court order which awards him the amount of his wage claim but denies him his attorney’s fees. The sole issue on appeal is whether Section 39-3-214, MCA, entitles appellant to his attorney’s fees at the District Court level where the Commissioner of Labor’s attorney, who intervened on appellant’s behalf, may have adequately represented appellant and it may not have been necessary for appellant to hire his own private counsel. We reverse and remand to the District Court.

Leo and Emilia Huber (respondents) own and operate the Dome & Libby…