Joseph Campbell v. Groundworks Operations, LLC, 1476234

Appellants were former employees of Groundworks Operations, LLC (including JES Construction, LLC) who were paid, wholly or partly, by commissions on sales.
The employer historically paid commissions based on an oral agreement—half when a deal was finalized and half upon completion and final payment by the customer.
Company policy was to forfeit unpaid commissions for unfinished jobs if an employee left before job completion.
In 2022, a new written commission policy was introduced, further restricting commission payouts following termination.
Appellants sued under the Virginia Wage Payment Act, alleging failure to pay earned commissions; the trial court dismissed the case, ruling commissions were not protected "wages."
Appellants appealed the trial court's dismissal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are commissions "wages" under the Virginia Wage Payment Act?	Commissions count as wages; the Act's remedial purpose protects all earned compensation, including commissions.	Commissions are distinct from wages; the statute distinguishes the two.	Yes, "wages" is broad and includes commissions.
Does the Act permit collective actions for unpaid commissions?	Yes; 2020 amendment allows collective suits for unpaid wages, which include commissions.	No; only wages, not commissions, are covered by the collective action provisions.	Yes, collective actions for unpaid commissions are authorized.
Is withholding or forfeiting earned commissions upon termination prohibited?	Yes; the Act prohibits forfeiture of earned wages (including commissions) as a condition of employment.	No; oral and written policies validly control commission payout upon termination.	Yes, forfeiture provisions violate the Act.
Can employers demand employees forfeit commissions as a condition of employment?	No; such agreements are barred by the Act.	Yes; commissions are not protected wages, so forfeiture agreements are allowed.	No, forfeiture agreements for commissions are invalid under the Act.

Fidelity Ins., Trust & Safe Deposit Co. v. Shenandoah Valley R.R. Co., 86 Va. 1 (Va. 1889) (defining wages broadly as compensation for services rendered)
Unemployment Comp. Comm’n v. Harvey, 179 Va. 202 (Va. 1942) (commissions can be a form of employee compensation)
Commonwealth Dep’t of Transp. v. Swiney, 23 Va. App. 467 (Va. Ct. App. 1996) (wages include compensation based on time or output)
B.P. Solar v. Jones, 49 Va. App. 322 (Va. Ct. App. 2007) (further clarifying the meaning of wages)
Home Beneficial Life Ins. Co. v. Unemployment Comp. Comm’n, 181 Va. 811 (Va. 1943) (commissions defined as compensation for services rendered)