Barth v. Canyon County

JOHNSON, Justice.

This is a wage claim case which also involves issues of state constitutional law. We conclude:

1. A sheriffs deputy may not recover additional wages against the county based on quantum meruit for a position not authorized by the county commissioners.

2. Once the county commissioners have empowered a sheriff to appoint a deputy, the commissioners may not limit the sheriffs authority in appointing the deputy.

3. An award of treble damages to an employee because of the employer’s failure to pay the amount of wages due is not a penalty.

4.A demand by an employee for payment of unpaid…