Wolf v. Sam'S Town Furniture, Inc.

OPINION

FLORES, Judge.

1.This is the second appeal by Sam’s Town Furniture, Inc. (Sam’s Town) in this case. On remand from our Supreme Court after the first appeal, the trial court addressed the question of whether a penalty, pursuant to NMSA 1978, Section 50-44 (Repl.Pamp.1993), should be imposed on Sam’s Town and awarded to Carol Wolf and John Cusolito (Plaintiffs) for failure by Sam’s Town to pay accrued vacation time upon discharge. The trial court awarded each Plaintiff $1,384.62 for unpaid vacation time, $6,000 as a penalty under Section 5044, and prejudgment interest at ten percent.…