California Employment Law Update

Tag Archives: Employee Classifications

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

Trial Court Must Determine Whether Action Challenging Independent Contractor Status Could Proceed As A Class Action

Ayala v. Antelope Valley Newspapers, Inc., 2014 WL 2924954 (Cal. S. Ct. 2014) Plaintiffs Maria Ayala, Rosa Duran and Osman Nuñez sought to certify a class of newspaper home delivery carriers in a lawsuit brought against Antelope Valley Newspapers, Inc. (“AVN”), alleging that AVN had improperly classified the carriers as independent contractors rather than employees … Continue Reading

$120 Million Judgment For Unpaid Overtime Upheld In Favor Of Insurance Claims Reps

Bell v. Farmers Ins. Exchange, 115 Cal. App. 4th 715 (2004) Following a jury trial, Farmers Insurance Exchange was ordered to pay a class consisting of 2,402 current and former claims representatives over $90 million in unpaid overtime and over $32 million in prejudgment interest. The claims representatives contended that Farmers had improperly classified them … Continue Reading
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