California Employment Law Update

Category Archives: Commission Payments

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Employees Paid On Commission Are Entitled To Separate Compensation For Rest Periods

Vaquero v. Stoneledge Furniture LLC, 2017 WL 776635 (Cal. Ct. App. 2017) Ricardo Bermudez Vaquero and Robert Schaefer, who were employed as sales associates for Stoneledge Furniture, filed a class action, alleging that Stoneledge’s commission pay plan violated California law because it did not provide separate compensation to employees for any non-selling time such as … Continue Reading

Commission Wages Paid In One Pay Period May Not Be Attributed To Other Pay Periods In Order To Satisfy Minimum Wage Requirements

Peabody v. Time Warner Cable, Inc., 59 Cal. 4th 662 (2014) Susan Peabody worked as a commissioned salesperson for Time Warner Cable, Inc. (“TWC”).  Peabody regularly worked 45 hours per week but received no overtime.  TWC considered Peabody and the other members of the putative class to be subject to the commissioned employee exemption under California … Continue Reading

California Further Restricts Employer Recovery of Prevailing Party Attorney’s Fees

California has amended Labor Code § 218.5 to limit the circumstances under which an employer may recover its attorney’s fees and costs as the prevailing party in a lawsuit in which an employee has sued for nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions (SB 462).  Prior to enactment of Senate Bill 462, the prevailing … Continue Reading

Ninth Circuit Certifies Question To California Supreme Court Regarding Commission Exemption

Peabody v. Time Warner Cable, Inc., 2012 WL 3538753 (9th Cir. 2012) Susan J. Peabody was employed as a commissioned salesperson by Time Warner Cable (“TWC”) for approximately 10 months. Peabody’s commissions were based on the revenue generated by advertising that was aired every broadcast month, which lasted four or five weeks. Peabody also received … Continue Reading
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