Welcome to the Stretch v. State of Montana Settlement Website
There is a proposed Settlement of a class action in the
Montana Eleventh Judicial District Court, Flathead County titled
Stretch v. State of Montana,
Cause No. DV-04-713(A).
PLEASE READ THIS WEBSITE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED.
This website describes the Proposed Settlement of a class action lawsuit concerning alleged violation of law by Defendants State of Montana, Department of Corrections, and Treasure State Correctional Training Center. The named Plaintiff alleges that, while he was employed by the Defendants, he worked in excess of 40 hours per week, but was not compensated for the overtime wages which were due to him for hours worked in excess of 40 hours per week. The named Plaintiff alleges that Defendants engaged in the same violation of Montana law generally by not compensating other employees for the overtime wages due to them. The named Plaintiff alleges that this conduct is a violation of the Defendants' personnel manuals and policies, of §39-3-204, M.C.A. and of §39-3-405, M.C.A.
Class Member Definition
The Settlement Class shall include all past and present ‘non-exempt or covered’ employees of the Defendants subject to the overtime provisions of the Federal Fair Labor Standards Act of 1938 as amended and its regulations and any Montana law or regulation who allegedly incurred compensable overtime for which they were not compensated. ‘Past and present’ employees includes those employees employed by the Defendants from April 25, 2004 (180 days prior to the Complaint being filed) until December 15, 2016. Additionally, the “Settlement Class” shall also include those former class members whose claims were dismissed by the Court as untimely in its Order On Defendants’ Motion For Partial Summary Judgment dated July 18, 2014.