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Morrow v. Monfric, Inc.

Morrow v. Monfric, Inc., 2015 MT 194 (July 7, 2015) (McKinnon, J.; Cotter, J., concurring; Wheat, J., dissenting) (6-1, aff’d)

Issue: Whether the district court abused its discretion in denying class certification on the grounds that the proposed class was not sufficiently numerous.

Short Answer: No.

Affirmed

Facts: Plaintiffs are laborers who worked on multi-family housing projects I Kalispell. The project owner, Glacier States Associates, hired Monfric, Inc. as the general contractor. Monfric hired subcontractors to perform all labor on the projects. Plaintiffs are employees of those subcontractors. Because the projects were financed with industrial development bonds issued by the city of Kalispell, Montana law requires the contractor to pay prevailing wages. Plaintiff claims the contracts between Monfric and the subcontractors did not include a provision requiring prevailing wages, and further, that they were not paid prevailing wages.…