Savage v. Scandit, Inc., 417 P.3d 234

Karen Savage, a senior sales executive at Scandit, signed a 2016 Commission Compensation Plan (CCP). She negotiated a Master Software License Agreement with Amazon that generated a $390,234 commission.
Savage alleges the commission was due in late September/October 2016 but was not paid; she sued under the Idaho Wage Claim Act (IWCA) seeking treble damages and contractual relief.
The CCP contains (1) an "earned"/"claw-back" provision tying "earned" commissions to revenue recognition and actual customer payment, and (2) a separate payment timing clause stating 100% of commission will be paid "as soon as reasonably practicable" and ideally within 30 days of booking.
CCP also provided a $36,000 annual quota bonus if combined ACV met a CHF 641,001 threshold; Savage alleges the Amazon deal pushed her past that threshold and the bonus became due immediately.
The district court granted Scandit’s I.R.C.P. 12(b)(6) motion, concluding Savage had not "earned" the commission (because customer payment/revenue recognition had not occurred) and that the annual bonus was not yet due; it also denied Savage leave to amend as futile.
The Idaho Supreme Court reversed, holding Savage’s complaint sufficiently alleged wages "due and owing" for both the commission and the bonus and that the proposed amendments were not futile; case remanded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether unpaid commission is recoverable under IWCA	Savage: commission was due and owing at filing under CCP payment timing (100% within 30 days of booking); she had no further obligations	Scandit: commission not "earned" until revenue recognition/payment by customer, so claim seeks future wages not subject to IWCA	Reversed: complaint plausibly alleges commission was due and owing; IWCA claim survives 12(b)(6)
Whether annual quota bonus is covered by IWCA	Savage: bonus became due once ACV threshold was met (when Amazon deal closed)	Scandit: annual bonus is payable at year-end, not yet due when suit filed	Reversed: CCP ambiguous as to timing; reasonable inference that bonus could be due when threshold crossed; claim stated
Whether proposed amendment to add equitable claims was futile	Savage: proposed facts would prevent Scandit from asserting booking/payment contingencies; amendment would cure defects	Scandit: amendment cannot change fact that commission wasn’t "earned" before filing	Reversed: amendment was not futile because amended complaint alleged commission was due and owing when leave sought
Whether attorney fees on appeal should be awarded now	Savage: seeks fees under IWCA if prevailing party	Scandit: seeks fees as prevailing party	Denied now: no fees awarded on appeal; remand court may consider appellate fees when prevailing party is determined

Bakker v. Thunder Spring-Wareham, LLC, 141 Idaho 185, 108 P.3d 332 (2005) (parties may contract for when compensation is earned/due; commission recovery depends on contract terms)
Moore v. Omnicare, Inc., 141 Idaho 809, 118 P.3d 141 (2005) (IWCA applies to wages "due and owing"; future wages not subject to trebling)
Nettleton v. Canyon Outdoor Media, LLC, 163 Idaho 70, 408 P.3d 68 (2017) (whether commissions are due at filing can present a material fact question; summary judgment vacated)
Paolini v. Albertson’s Inc., 143 Idaho 547, 149 P.3d 822 (2006) (bonuses constitute wages under IWCA)
Hammer v. Ribi, 162 Idaho 570, 401 P.3d 148 (2017) (standard of review for Rule 12(b)(6) dismissal)
Idaho Wool Growers Ass’n, Inc. v. State, 154 Idaho 716, 302 P.3d 341 (2013) (court may consider incorporated contract terms on a motion to dismiss)