Hales v. King

WALTERS, Chief Judge.

In this proceeding, the appellant, King Trailer Manufacturing Company (King), challenges a magistrate’s partial summary judgment awarding the respondent, Max Hales (Hales), treble damages for unpaid wages pursuant to I.C. § 45-615(4). The magistrate’s award was upheld on appeal to the district court. Appealing further, King raises two issues of law: (1) whether the treble damage penalty allowed by I.C. § 45-615(4) may be avoided by a post-complaint offer to pay wages; and (2) whether the treble damage penalty is available to an employee who voluntarily terminates his…