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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Washington’s Supreme Court rules for woman on out-of-state commissions

OLYMPIA – Washington’s Supreme Court says a Gig Harbor saleswoman can collect commissions she was owed from her former out-of-state boss.

In an 8-1 ruling Thursday, the court said Washington state does have jurisdiction over the boss and can order him to pay up – even though he never set foot in the state in connection with his business.

Kristine Failla was hired in 2009 as a saleswoman for a Pennsylvania company called FixtureOne, which sold fixtures and displays for retail stores.

The company paid her salary but still owed her commissions when it went belly-up in 2011. The question before the court was whether FixtureOne’s founder, Kenneth Schutz, had enough contact within Washington to give the state jurisdiction over him.

The court said he did, reversing an appeals court ruling and reinstating a trial court judgment requiring him to pay double damages for willfully violating Washington’s wage laws.