Wednesday, March 1, 2017

Vaquero v. Stoneledge Furniture

Vaquero v. Stoneledge Furniture (CA2/7 B269657 2/28/17) Employees Paid on Commission/Wage and Hour

Are employees paid on commission entitled to separate compensation for rest periods mandated by state law?  If so, do employers who keep track of hours worked, including rest periods, violate this requirement by paying employees a guaranteed minimum hourly rate as an advance on commissions earned in later pay periods?  We answer both questions in the affirmative, and reverse the trial court’s ruling granting summary judgment in favor of the employer.

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