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
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
We invite you to review our newly posted July 2011 California Employment Law Notes — a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Class Of 1.5 Million Female Wal-Mart Employees Was Improperly Certified Arizona Law Requiring Use Of E-Verify Is Upheld U.S. Court Has Jurisdiction Over Argentinean Employees’ … Continue Reading
Areso v. CarMax, Inc., 195 Cal. App. 4th 996 (2011) Leena Areso, who worked as a commissioned sales consultant for CarMax, filed this class action lawsuit, asserting that she and the members of the putative class were owed unpaid overtime. Areso argued that CarMax’s uniform payment of approximately $150 per vehicle is piece-rate compensation rather … Continue Reading
In a case possibly signaling a new direction in California wage and hour law, a California appellate court ruled Friday that a class of car dealers fell within the commissioned salesperson exemption to California overtime laws despite receiving flat fee commissions instead of commissions calculated as a percentage of the price of the cars sold.… Continue Reading
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