Commissions not held to be wages under Indiana Wage Payment Statute

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Appellant/Plaintiff Paul M. Davis appeals from the trial court‟s grant of summary judgment in favor of Appellee/Defendant All American Siding&Windows, Inc. (“All American”). Davis contends that All American is obligated to pay him commissions he allegedly earned before terminating his employment with All American and that those commissions are subject to the Indiana Wage Payment Statute.

Conclusion (slip op. at 13):  The judgment of the trial court is reversed and remanded with instructions.

Key Analysis (slip op. at 13):  We conclude that Davis is owed commissions that he earned before leaving All American. Davis designated uncontradicted evidence that [these] projects were completed and were not renegotiated so as to alter his commission. We remand for trial, however, on the question of whether the parties had a meeting of the minds regarding whether the commissions were to be reduced by the amount that the final contract price fell short of the final par job cost. The answer to this question will determine if commissions are to be paid, or affect the amount of the commissions, on the other projects . . . Finally, we conclude that Davis‟s commissions are not “wages” for purposes of the Indiana Wage Payment Statute.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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