Legal Opinion
Kemp v. State Board of Personnel Appeals
Montana Supreme Court
Decided October 21, 1999No. 98-556PublishedCited by 4 opinions
1Opinion of the CourtJustice Nelson
¶ 1 James A. Kemp, doing business as Yellowstone Mine Restaurant (collectively “Kemp”), appeals from the Judgment entered by the Sixth Judicial District Court, Park County, that affirmed the Board of Personnel Appeals’ (the Board) determination that Kemp owed Cynthia Showers (Showers) $5,204.83 for unpaid wages. We reverse.
¶2 Kemp raises two substantive issues on appeal, which we restate as follows:
¶3 1. Did the District Court err in determining that Showers was not an exempt employee under the Fair Labor Standards Act?
¶4 2. Did the District Court err in considering evidence of hours that…
2Cases cited9 opinions
- Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Brown Equipment and Service Tools, Inc.Court of Appeals for the Fifth Circuit · 1982
- Donovan v. Burger King Corp.Court of Appeals for the Second Circuit · 1982
- Spradling v. City of TulsaCourt of Appeals for the Tenth Circuit · 1996
- Langager v. Crazy Creek Products, Inc.Montana Supreme Court · 1998
- Montana Public Employee's Ass'n v. Montana Department of TransportationMontana Supreme Court · 1998
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3Cited by4 opinions
- Thompson v. J.C. Billion, Inc.Montana Supreme Court · 2013
- Madely v. RadioShack Corp.Court of Appeals of Wisconsin · 2007
- Key West, Inc. v. WinklerMontana Supreme Court · 2004
- Kemp v. State Board of Personnel AppealsMontana Supreme Court · 1999