Legal Opinion

In the Matter of Wage Claims of Smith v. Tyad, Inc.

Montana Supreme Court

Decided May 20, 2009No. DA 07-0305PublishedCited by 3 opinions

1Opinion of the CourtJustice Cotter

¶1 TYAD, Inc., the Appellant, owned and operated the Playground Lounge and Casino in Great Falls, Montana, during all times relevant to this case. Several exotic dancers who performed at the Playground filed wage complaints against the lounge with the Department of Labor and Industry (DOLI or the Department). TYAD asserted the dancers were independent contractors, and therefore it owed no wages to them. DOLI disagreed and determined the dancers were employees.

¶2 TYAD also petitioned the Workers’ Compensation Court (WCC) for a hearing to determine the dancers’ status. The WCC also concluded…

2Cases cited5 opinions

  1. Bitterroot River Protective Ass'n v. Bitterroot Conservation DistrictMontana Supreme Court · 2008
  2. State v. PopeMontana Supreme Court · 2003
  3. Tefft v. StateMontana Supreme Court · 1995
  4. Thomas Mercer v. Dennis McGeeMontana Supreme Court · 2008
  5. Bitterroot River Prot. Ass'n Inc. v. Bitterroot Cons. Dist.Montana Supreme Court · 2008

3Cited by3 opinions

  1. Peter Enger v. Chicago Carriage Cab Corp.Court of Appeals for the Seventh Circuit · 2016
  2. Shaw v. Set Enterprises, Inc.District Court, S.D. Florida · 2017
  3. America's Best Contractors, Inc. v. SinghMontana Supreme Court · 2014

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