Emmons v. B.B.T.K.S., Inc.

175 N.E.3d 353 (Table)

Annette EMMONS, Appellant-Plaintiff,

v.B.B.T.K.S., INC., Appellee-Defendant.

Court of Appeals Case No. 21A-PL-257

Court of Appeals of Indiana.

FILED September 20, 2021

Attorney for Appellant: Ronald E. Weldy, Fishers, Indiana

Attorneys for Appellee: Robert D. Jones, Jerry L. Siefers, Bloomington, Indiana

MEMORANDUM DECISION

Riley, Judge.

STATEMENT OF THE CASE

[1] Appellant-Plaintiff, Annette Emmons (Emmons), appeals the trial court's Order in favor of the Appellee-Defendant, B.B.T.K.S., Inc. (B.B.T.K.S.), denying her an award of attorney's fees.

[2] We affirm.

ISSUE

[3] Emmons presents one issue on appeal which we restate as follows: Whether the trial court properly denied her an award of attorney's fees.

FACTS AND PROCEDURAL HISTORY

[4] Beginning on May 18, 2018, Emmons worked for B.B.T.K.S.’s restaurant, in Ellettsville, Indiana, as a part-time hostess being paid $9.00 per hour. Emmons's bi-weekly gross pay averaged approximately $200.00. A clerical payroll error resulted in her bi-weekly gross pay for the period ending July 14, 2018, to total $481.23 with a net pay of $388.88. This resulted in an overpayment of $219.33. Emmons did not mention the overpayment. On August 5, 2018, Emmons voluntarily terminated her employment by walking off the job. During the two and one-half months she was employed, B.B.T.K.S. deducted amounts from her paychecks purportedly for food purchases and paycheck advances. The deductions totaled $174.88.

[5] On October 7, 2018, Emmons filed her Complaint, which she later amended on November 2, 2018. In her Amended Complaint, Emmons alleged that B.B.T.K.S. "illegally deducted monies from [her] wages" on four separate occasions and was liable for statutory damages under the Wage Payment Statute, Indiana Code section 22-2-5-1 (Appellant's Appendix Vol. II, p. 24). Pursuant to Indiana Code section 22-2-5-2, Emmons sought a judgment for wages owed, liquidated damages, costs, and attorney's fees. On November 2, 2018, B.B.T.K.S. filed its Answer and indicated that the deductions were for two $50 cash loans and for food purchases. B.B.T.K.S. further averred that it had also noted an overpayment for $219.33 on Emmons's paycheck issued on July 14, 2018. B.B.T.K.S. also counterclaimed for that amount and for attorney's fees, claiming that the suit filed by Emmons was frivolous, unreasonable, groundless, and in bad faith.

[6] On September 15, 2019, Emmons filed a Motion for Partial Summary Judgment, arguing that she was entitled to actual damages in the amount of $174.88, as well as $349.76 in liquidated damages. Additionally, she requested a separate hearing to decide attorney's fees and costs. On October 9, 2019, B.B.T.K.S. filed its memorandum in opposition of Emmons's motion, arguing that Emmons was acting in bad faith in pursuing the action because she had actually been overpaid in an amount greater than the total deductions and because the deductions were made at her request and pursuant to the employee handbook. Along with its opposition, B.B.T.K.S. filed a motion for summary judgment on its counterclaim for the overpayment amount and for the recovery of over $5,000 in attorney's fees.¹

[7] On October 24, 2019, the trial court conducted a summary judgment hearing. B.B.T.K.S. conceded that it had committed a "technical violation" of Indiana Code section 22-2-6-2 by improperly deducting $174.88 without Emmons's authorization. (Transcript p. 19). Nonetheless, B.B.T.K.S. contended, that the overpayment of $219.33, an amount Emmons did not dispute, fully offset the improper deductions, and, therefore, no wages remained due.

[8] On October 29, 2019, the trial court entered an order, granting partial summary judgment in favor of Emmons, and dismissed B.B.T.K.S.’s counterclaim. In particular, the trial court concluded that B.B.T.K.S. had illegally deducted $174.88 from Emmons's wages and had failed to demonstrate a good faith reason for doing so. Thus, the trial court awarded her an additional $349.76 in liquidated damages, and after setting off the total damages by the stipulated amount of the overpayment, the trial court entered judgment against B.B.T.K.S. in the amount of $305.31. The issue of attorney's fees, costs, and pre-judgment interest remained pending. On November 18, 2018, Emmons filed a motion for award of statutory attorney's fees and costs, along with a supporting brief and designated evidence.

[9] On November 27, 2019, B.B.T.K.S. filed a motion to correct error. At the hearing on its motion, B.B.T.K.S. argued that the undisputed evidence established that it had not acted in bad faith when it deducted $174.88 from Emmons's paycheck and, therefore, Emmons was not entitled to liquidated damages. Without liquidated damages and in light of the overpayment, B.B.T.K.S. posited that no wages were due to Emmons and B.B.T.K.S. was entitled to judgment in the amount of $44.45. On January 20, 2020, the trial court denied B.B.T.K.S.’s motion to correct error, and it set a hearing for February 3, 2020, to determine the statutory attorney's fees and costs sought by Emmons. The hearing was held as scheduled, and the trial court took the matter under advisement.

[10] Before the trial court issued a ruling on this pending issue, B.B.T.K.S. filed a notice of appeal on February 21, 2020, purporting to appeal from a final judgment. B.B.T.K.S.’s filing resulted in the trial court staying the proceedings and withholding its ruling on attorney's fees. We determined that the appeal was not properly before us since there had not been a final judgment entered in the case and B.B.T.K.S. had not sought an interlocutory appeal of the partial grant of summary judgment or the order denying the subsequent motion. See B.B.T.K.S., Inc. v. Emmons , No. 20A-PL-418, slip opinion at *3, (Ind. Ct. App. Dec. 11, 2020). On January 11, 2021, the trial court issued an Order in favor of B.B.T.K.S., stating as follows:

The [c]ourt having reviewed the file and given that B.B.T.K.S. actually overpaid Ms. Emmons, now finds that attorney's fees would serve no purpose and would run contrary to the purpose of the statute. Therefore, the [c]ourt now DENIES [ ] [Emmons's] request for attorney's fees.

(Appellant's App. Vol. II, p.12).

[11] Emmons now appeals. Additional facts will be provided as necessary.

DISCUSSION AND DECISION

[12] Emmons claims that the trial court erred by failing to award her attorney's fees pursuant to the Wage Payment Statute. She claims that she is entitled to attorney's fees incurred in the instant case due to the public policy behind the Wage Payment Statute. B.B.T.K.S. in turn argues that the public policy behind the Wage Payment Statute is to provide recovery of attorney's fees only when the employer has failed to pay an employee and not in circumstances where an employer has overpaid an employee. B.B.T.K.S. then argues that the trial court properly interpreted the Wage Payment Statute and it properly denied Emmons her attorney's fees claim.

[13] We begin by noting that statutory interpretation is a question of law reserved for the court and is reviewed de novo. Roman Catholic Diocese of Indianapolis, Inc. v. Metro. Sch. Dist. of Lawrence Twp. , 945 N.E.2d 757, 765 (Ind. Ct. App. 2011). De novo review allows us to decide an issue without affording any deference to the trial court. Id. The goal of statutory interpretation is to determine, give effect to, and implement the intent of the legislature. Indiana Civil Rights Commission v. County Line Park, Inc. , 738 N.E.2d 1044, 1048 (Ind. 2000). The statute is examined as a whole, and it is often necessary to avoid excessive reliance on a strict literal meaning or the selective reading of individual words. Id. We presume that the legislature intended for the statutory language to be applied in a logical manner consistent with the statute's underlying policy and goals. City of Gary v. Smith & Wesson Corp. , 126 N.E.3d 813, 824 (Ind. 2019).

[14] In support of her public policy claim, Emmons cites to Kleine-Albrandt v. Lamb , 597 N.E.2d 1310 (Ind. Ct. App. 1992). In Lamb, the plaintiff was represented by Student Legal Services on her complaint seeking damages from her former employer pursuant to a statute dealing with the payment of wages to an employee after the employee voluntarily leaves a job. The statute at issue provided that once the plaintiff meets her burden of showing that the employer improperly withheld wages, the court shall assess a reasonable attorney's fee. Id. at 1312 (citing Ind. Code § 22-2-5-2(1998) ). In concluding that the trial court erred when it failed to assess reasonable attorney's fees, we noted that such fees were mandatory pursuant to the Wage Payment Statute in effect at the time. Id. at 1311.

[15] We note that the holding in Lamb came before the General Assembly's amendment of the Wage Payment Statute in 2015. At the time Lamb was handed down, the following version of the Wage Payment Statute was in place

Every [employer] who shall fail to make payment of wages to any such employee as provided in section 1 of this chapter shall, as liquidated damages for such failure, pay to such employee for each day that the amount due to him remains unpaid ten percent (10%) of the amount due to him in addition thereto, not exceeding double the amount of wages due, and said damages may be recovered in any court having jurisdiction of a suit to recover the amount due to such employee, and in any suit so brought to recover said wages or the liquidated damages for nonpayment thereof, or both, the court shall tax and assess as costs in said case a reasonable fee for the plaintiff's attorney or attorneys.

I.C. § 22-2-5-2 (1992). This court interpreted the prior version as allowing employees to recover attorney's fees and liquidated damages for late-paid wages, even if the employees had received all the wages to which they were entitled before filing suit. See Valadez v. R.T. Enters., Inc. , 647 N.E.2d 331, 333 (Ind. Ct. App. 1995).

[16] In 2015,...