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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…

Sciborski v. Pacific Bell Directory, 205 Cal. App. 4th 1152 (2012)

Annie Sciborski sued her former employer, Pacific Bell Directory, after it deducted approximately $19,000 from her wages to recover a $36,000 sales commission that had been paid to her. After a three-day trial, the jury found Pacific Bell’s wage deductions violated the Labor Code and resulted in Sciborski’s constructive discharge in violation of…

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.

Nein v. HostPro, Inc., 174 Cal. App. 4th 833 (2009)

Randy Nein was employed by HostPro as a salesperson. In December 2000, he approached AT&T and suggested that HostPro provide web-hosting services to some of AT&T’s business customers. The transaction was still being negotiated a year later when Nein’s employment was terminated. He filed this lawsuit to recover commissions associated with the AT&T transaction,…

Nein v. HostPro, Inc., 174 Cal. App. 4th 833 (2009)

Randy Nein was employed by HostPro as a salesperson. In December 2000, he approached AT&T and suggested that HostPro provide web-hosting services to some of AT&T’s business customers. The transaction was still being negotiated a year later when Nein’s employment was terminated. He filed this lawsuit to recover commissions associated with the AT&T transaction…

Koehl v. Verio, Inc., 2006 WL 2615515 (Cal. Ct. App. 2006)

Jeffrey Koehl, et al., worked as sales associates for Verio, an Internet service provider. Sales associates earned base salaries of between $40,000 and $75,000 plus commissions based on their sales volumes. If a customer cancelled an installation order before paying for the first three months of service, Verio would recover the commission payments…

Steinhebel v. Los Angeles Times Communications, 126 Cal. App. 4th 696 (2005)

Kurt Steinhebel and other telesales employees of the Los Angeles Times sold newspaper subscriptions and received commissions for those sales. Under the Telesales Agreement, a “chargedback order (when a customer does not keep the paper for at least 28 days)” was not a commissionable order. The employees received commission advances against which…