ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 732-124, DIVISION " B" . HONORABLE CORNELIUS E. REGAN, JUDGE PRESIDING.
JAMIE C. GARY, ATTORNEY AT LAW, Baton Rouge, Louisiana, COUNSEL FOR PLAINTIFF/APPELLANT.
DARREN A. PATIN, JAMES D. GARVEY, JR., ATTORNEYS AT LAW, Metairie, Louisiana, COUNSEL FOR DEFENDANT/APPELLEE.
Panel composed of Judges Marc E. Johnson, Stephen J. Windhorst, and Hans J. Liljeberg.
HANS J. LILJEBERG, J.
[14-547 La.App. 5 Cir. 2] Plaintiff appeals the trial court's judgment, dismissing her claim for unpaid past due wages, penalties, and attorney fees, and awarding defendant $5,566.79 on its reconventional demand. For the following reasons, we affirm.
FACTS AND PROCEDURAL HISTORY
In April of 2012, defendant, New Orleans Weddings Magazine, Inc. (" NOWM" ) hired plaintiff, Sarah Leftwich, as an account executive to primarily sell advertising space in its magazine. When she was hired, Ms. Leftwich signed an employment
agreement and a non-competition agreement. The owner of NOWM, Jessica Burke, also gave Ms. Leftwich a document entitled, " Account Executive Position," which set forth the commission and bonus structures for the account executive position.
Pursuant to the Account Executive Position document, Ms. Leftwich had a minimum monthly sales goal of $20,000.00. The document provides that she would receive commissions on her sales, based on the account type, as follows:
Monthly Payment Clients: 1st monthly payment amount paid [14-547 La.App. 5 Cir. 3] to sales rep; each month that sales rep is still employed at N.O.W. they will receive 10% of monthly payment amount. (For instance: Monthly payment amount of $150, rep will receive $150 first month, then $15 per month afterwards.)
Pay in Full Clients: 20% commission upon receipt of Payment.
Bridal Show Booth Sales (for booth only sales): 15% flat commission.
Renewals: Sales rep may be provided with existing N.O.W. clients to renew and manage. Commissions for the clients are paid at a flat 12% commission on pay in full clients (paid upon receipt of client payment) and monthly clients (for monthly clients, sales rep will receive 12% of each monthly payment).
The Account Executive Position document also sets forth a bonus ...