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Leftwich v. New Orleans Weddings Magazine, Inc.

Court of Appeals of Louisiana, Fifth Circuit

November 25, 2014

SARAH LANDRY LEFTWICH
v.
NEW ORLEANS WEDDINGS MAGAZINE, INC

Page 917

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.

OPINION

HANS J. LILJEBERG, J.

Page 918

[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

Page 919

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 ...


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