Stowell v. Action Moving & Storage, Inc.

Summary

The Vermont Supreme Court held that commission payments constitute wages under Vermont's wage-payment statutes. It further held that the employer violated the statute by withholding commissions owed after the employee's resignation, making the employee eligible for double damages, costs, and attorney's fees.

Holdings

1. Commission payments are wages for purposes of Vermont's wages-and-medium-of-payment law.
2. The employer violated 21 V.S.A. § 342 by failing to pay commissions due for Stowell's final long-haul job.
3. An employee may maintain an action under § 347 when some wages remain unpaid at the time suit is filed; the employee need not wait until all possible commission-related damages have accrued.
4. Section 347 provides double damages consisting of actual unpaid wages plus a penalty equal to the unpaid wages, not treble damages in addition to actual damages.

Questions Presented

1. Whether commission payments are wages under Vermont's wages-and-medium-of-payment statutes, 21 V.S.A. §§ 341-347.
2. Whether the employer violated 21 V.S.A. § 342 by failing to pay commissions owed after Stowell resigned.
3. Whether Stowell could maintain an action for statutory penalties under 21 V.S.A. § 347 while some commissions remained unpaid when suit was filed.
4. Whether § 347 provides double damages or treble damages in addition to actual unpaid wages.

Disposition

reversed_and_remanded