Missoula County authorizes $198,000 and $17,750 settlements in pandemic overtime and 2022 911 cases

Missoula County commissioners authorized two settlement agreements resolving separate lawsuits: a $198,000 class-action settlement for health department employees who say they were not paid overtime during the COVID-19 response, and a $17,750 payment as Missoula County’s share of a claim by David and Jamie Maldonado stemming from an August 2022 911 call transfer.

A county staff member told commissioners the overtime case involves employees who performed both exempt and nonexempt work during the pandemic and that the county’s timekeeping system did not distinguish exempt hours from nonexempt hours. “The total amount that will be paid is $198,000,” the staff member said. An addendum to the agreement describes how the lost wages will be paid directly to class members.

The staff member said attorneys for the health department employees brought the litigation, the parties negotiated at a settlement conference, and the agreement before the commission allocates the $198,000 to affected employees in accordance with the addendum. When Commissioner Griffin asked how many employees are in the class, the staff member said the employees are listed in the agreement and offered to send a copy to the commissioner.

The second settlement grows out of a transfer call received by Missoula County’s 911 center from Billings that led to a law-enforcement response at the Maldonado home. The Maldonados alleged emotional distress. The staff member said Missoula County’s involvement was limited to taking information from Billings and transferring it under normal procedures. “Missoula County’s portion of the settlement is $17,750,” the staff member said. The staff member also said the other city governments involved executed separate agreements.

Commissioners moved to authorize the chair to sign both release and settlement agreements. A voice vote followed and the chair’s authorization was approved. No further formal actions on related policy or timekeeping changes were recorded during the meeting.

Authorities referenced in the discussion included the federal Fair Labor Standards Act and a Montana wage statute identified in the meeting as the state wage act. The staff member said the overtime claims implicate both the federal act and the Montana wage law because the county did not pay overtime under the applicable rules during certain pandemic assignments.

Next steps noted during discussion: staff offered to provide the settlement agreement listing class members to commissioners, and no additional motions to change county payroll systems or bring forward related policy proposals were taken at the meeting.