Holt v. Frito-Lay, Inc.

The opinion of the court was delivered by

Fatzer, C. J.:

This is an appeal from a judgment in an action to recover wages and penalty for nonpayment of wages pursuant to the provisions of K. S. A. 44-307 and 44-308.

On July 27, 1970, the plaintiff, Gordon Holt, was employed as a salesman by the defendant, Frito-Lay, Inc., at a weekly wage of $120 plus ten percent commission on sales over $1,100 per week. Plaintiff’s duties were to deliver Frito-Lay merchandise by truck to various grocery stores and other businesses along certain routes. Holt was to follow the procedure accepted and used by the…