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MATTER OF WAGE CLAIMS OF SMITH v. TYAD

No. DA 07-0305.

209 P.3d 228 (2009)

2009 MT 180

351 Mont. 12

In the MATTER OF the WAGE CLAIMS OF Renne L. SMITH, Jessica R. Laberdee, Lori L. Niendorf, Sarah L. Sarsfield, Tammy R. Mauseth, Toma D. Campbell, and Monica G. Hamilton, Claimants and Appellees, v. TYAD, INC., a Montana corporation d/b/a the Playground Lounge and Casino, Respondent and Appellant.

Supreme Court of Montana.

Decided May 20, 2009.

Rehearing Denied June 16, 2009.

Attorney(s) appearing for the Case

Steven T. Potts, Thompson, Potts & Donovan, P.C., Great Falls, Montana, for Appellant.

Arthur M. Gorov, Montana Department of Labor and Industry, Helena, Montana, for Appellees.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 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...

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