Opinion
No. 08-1963.
May 29, 2009.
Appeal from the Iowa District Court for Des Moines County, Mary Ann Brown, Judge.
Danny Davis appeals the district court's grant of summary judgment in Budget Lighting, Inc.'s favor on Davis's claim for wages. AFFIRMED.
Steven E. Ort of Bell, Ort Liechty, New London, for appellant.
Gerald D. Goddard of Cray, Goddard, Miller, Taylor Chelf L.L.P., Burlington, for appellee.
Considered by MAHAN, P.J., and EISENHAUER and MANSFIELD, JJ.
Danny Davis appeals the district court's grant of summary judgment in Budget Lighting Inc.'s favor on Davis's claim for wages. The district court determined the parties' contractual agreement to reduce time for contesting commission payments was reasonable and not contrary to public policy. Davis argues the employment contract provision limiting his right of action to a period of one year is void as contrary to public policy and is unreasonable, and he met the one-year limitation to commence an unpaid wage claim in the contract by asking the commission of labor to commence an administrative action pursuant to Iowa Code chapter 91A. According to well-settled law, parties to a valid contract may agree to modify the statutory limitation period if the modification is reasonable. See, e.g., Douglass v. Am. Family Mut. Ins. Co., 508 N.W.2d 665, 667 (Iowa 1993). After a thorough review and consideration of the record, we conclude the district court's ruling is correct and we therefore affirm.
We note that Article 12.01 of the employment contract provides that Minnesota law governed. However, neither party pled or attempted to prove the applicability or force of Minnesota law. Under these circumstances, we must apply Iowa law to resolve the dispute before us. Pennsylvania Life Ins. Co. v. Simoni, 641 N.W.2d 807, 811 (Iowa 2002).