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STOWELL v. ACTION MOVING & STORAGE, INC.

No. 05-532.

933 A.2d 1128 (2007)

2007 VT 46

Arthur STOWELL v. ACTION MOVING & STORAGE, INC.

Supreme Court of Vermont.

Motion for Reargument Denied July 18, 2007.

Attorney(s) appearing for the Case

Thomas C. Nuovo of Bauer, Gravel, Farnham, Nuovo, Parker & Lang, Burlington, for Plaintiff-Appellant.

Gary W. Lange of Swanson & Lange, LLP, Burlington, for Defendant-Appellee.

Present: REIBER, C.J., DOOLEY, JOHNSON and SKOGLUND, JJ., and MORSE, J. (Ret.), Specially Assigned.

¶ 1. DOOLEY, J.

Plaintiff Arthur Stowell appeals the superior court's order denying penalties and attorney's fees under 21 V.S.A. § 347, claiming his employer, defendant Action Moving & Storage, Inc., improperly withheld commission payments in violation of § 342. We-affirm the court's order to the extent it held that commission payments are wages within the meaning of Vermont's wages-and-medium-of-payment law. We reverse the court's order, however...

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