Thomas v. Weatherguard Construction Company, Inc.

Court found, after bench trial, that Defendant was Plaintiff's employer and owed Plaintiff commissions on contracts that Plaintiff procured on Defendant's behalf. Court properly found that Defendant created the appearance that the person who interviewed Plaintiff had the authority to hire Plaintiff on Defendant's behalf. Court properly found that interviewer and Plaintiff had agreed that Plaintiff was entitled to 20% of net profits on contracts Plaintiff secured, so that oral contract existed between parties. Provision of 2011 amendment to Section 14 of Wage Payment Act that granted attorney fees alters statutory authority for that liability, and thus is procedural; it does not have a retroactive impact and thus may be applied retroactively. (LAMPKIN and PALMER, concurring.)