Schwab v. NATIONAL DEALERS WARRANTY, INC.

ROY L. RICHTER, Judge.

John M. Schwab, et al. (“Employees”) appeal from the judgment of the Circuit Court of St. Louis County granting summary judgment in favor of National Dealers Warranty, Inc. (“Employer”). We affirm.

I. BACKGROUND

The sole issue in this case is whether Employees’ compensation constituted a “commission” as defined in Section 407.911 RSMo Cum.Supp.2005. 1 Employer is in the, business of selling extended automobile warranties over the telephone and Employees are its former salesmen. Employees allege that Employer improperly failed to pay them certain commissions due and owing…