| | Wage Claim Decision Linville v. Rodgers (Site not responding. Last check: 2007-10-09) |
 | | However, under the law, if the claimant has established facts which entitle her to a penalty for violation of the wage payment laws, the department is not able to waive the penalty on her behalf. |
 | | In particular, the rules of the department provide that when an employer has issued a non-sufficient funds payroll check, the application of the full penalty is mandatory and to be waived only "upon written mutual agreement of the parties and the department." Admin. |
 | | Although Rodgers paid the wages represented by the non-sufficient funds check to Linville through the department after she filed her claim, he remains liable to her in the amount of $148.50 for the balance of her wages, plus penalties as provided by law. |
| dli.state.mt.us /hearings/decisions/2004/whdec1629_2004.htm (2360 words) |