Rest and Meal Break, Salespersons

Court Rules Outside Salesperson Exemption Turns on Employer Control

Ervin Cohen & Jessup LLP on 4/4/2023

Until recently, employers had the luxury of interpreting the outside salesperson exemption to minimum wage, overtime and meal and rest period requirements at face value. This is because the definition of an “outside...more

California Commissioned Salespersons May Be Entitled to Separate Compensation for Wide Range of Activities in Addition to Rest...

Akin Gump Strauss Hauer & Feld LLP on 11/22/2017

Commissioned salespersons are employed in a variety of industries. While “outside salespeople” are generally exempt from minimum wage and meal and rest break requirements, so-called “inside” salespeople working at a retail...more

Paying Most Sales Employees Purely on Draw and Commission No Longer Lawful In California

Fisher Phillips on 3/13/2017

Last month a California appellate court held that an employer violates California law by paying inside sales employees on a draw against commission. In Vaquero v. Stoneledge Furniture LLC, the court held that such a pay...more

Commissioned California Employees Must Be Separately Compensated for Rest Periods

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/8/2017

On February 28, 2017, the California Court of Appeal issued a significant decision in Vaquero v. Stoneledge Furniture LLC (No. B269657). The decision, which was certified for publication, is the first ruling by a California...more

California Auto Dealers Beware: Commission-Paid Dealership Employees Entitled To Separate Rest Period Pay

Fisher Phillips on 3/3/2017

A California appellate court ruled on February 28, 2017, that employees paid on a commission basis must be separately compensated for legally required rest periods (Vaquero v. Stoneledge Furniture LLC). Although this decision...more

Did You Know…California Raises Minimum Wage

Nossaman LLP on 10/17/2013

On September 25, 2013, Governor Brown signed AB 10 into law, raising California’s minimum wage from $8 per hour today to $10 per hour by 2016. The bill will raise the minimum wage in two separate one-dollar...more