Holmans v. Transource Polymers, Inc.

OPINION

DAY, Justice.

This is an appeal from a dismissal order. The trial court dismissed appellant’s common-law claim for unpaid wages for lack of subject-matter jurisdiction. Because we hold that the Payday Law 1 did not preempt the court’s jurisdiction to hear appellant’s common-law claim for unpaid wages, we reverse and remand.

THE FACTS

On December 30, 1993, appellant filed a common-law debt action against Transource for alleged unpaid sales commissions and expenses totalling $31,055.71. Appellant subsequently filed a wage claim under the Payday Law provisions of the Labor Code with the…