attribution of commission wages

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