Commission Payments

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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 time spent in meetings, attending certain types of training…

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 law.  However, most of Peabody’s paychecks did not…

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 party (either the employer or…

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 a base salary of $20,000 per year. During her…