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Arlington v. Miller’s Trucking, Inc.

Arlington v. Miller’s Trucking, Inc., 2015 MT 68 (March 3, 2015) (Shea, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether the hearing officer properly found that Arlington and Miller’s did not have an oral employment agreement guaranteeing over $60,000 a year in wages; (2) whether Miller’s failure to keep proper records of Arlington’s hours can be attributed to Arlington; (3) whether Arlington met his burden of production by introducing evidence of hours he worked; (4) whether the hearing officer properly denied Arlington’s overtime wage claim because Arlington’s records lacked credibility; and (5) whether the hearing officer abused his discretion in excluding documents showing Miller’s failed to comply with hours-of-service requirements.

Short Answer: (1) Yes; (2) no; (3) yes; (4) no; and (5) no.…