News & Analysis as of

Sales Commissions Salespersons

Where’s The Rest Of My Pay?

In Vaquero v. Stoneledge Furniture LLC, a California Court of Appeal recently held that inside sales employees who are paid on a 100% commission basis must be separately compensated for their rest periods. Though inside...more

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

by Fisher Phillips on

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

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

Commission-Based Employees in California Must Receive Separate Pay for Rest Breaks

by Hirschfeld Kraemer LLP on

Last week, in Vaquero v. Stoneledge Furniture, LLC, Case No. B269657, the California Court of Appeal decided that hourly employees that are exclusively compensated on a commission basis must also be separately paid for...more

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

by Fisher Phillips on

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

Sales Plans Should Contain Specific Treatment of Trailing Commissions

When we review employee sales commission plans or compensation agreements with sales representatives, the plans generally contain detailed language regarding how commissions are calculated and paid. For example, the plans may...more

Words, words, words: When is a salesman not a salesman?

by Kirton McConkie PC on

In the classic Broadway musical My Fair Lady, Eliza Doolittle laments, “Words, words, words! I’m so sick of words.” You may have felt the same frustration working with lawyers who quibble about the contractual meaning of...more

Using Independent Sales Representatives to do Business in the United States

by Carlton Fields on

Domestic and foreign manufacturers and suppliers that sell their products at wholesale in the United States may benefit from contracting with local independent sales representatives in the United States to help promote sales...more

Do You Need to Pay Minimum Wage or Overtime to Your Commission-Paid Employees?

by Foley & Lardner LLP on

Companies will sometimes take a chance on a new (or old) salesperson by allowing him/her to work on pure commission. This “eat what you kill” compensation system seemingly creates an incentive to sell with little risk to the...more

No “Harmony,” No Arbitration

by Sherman & Howard L.L.C. on

When AmeriPlan terminated contracts with numerous “independent business owners” (“IBOs”), four IBOs—who had achieved the rank of Sales Director and earned “lifetime residual income” through commissions from their own...more

California Increases Minimum Wage Next Year

by Fisher Phillips on

Governor Jerry Brown recently signed into law a bill that will increase California’s minimum wage in two phases. Beginning July 1, 2014, the minimum wage for California employees will rise from the current $8 per hour to $9...more

New Jersey Department of Banking and Insurance Clarifies Restrictions on the Payment of Commissions, Rebates and Other Inducements...

by Saul Ewing LLP on

The New Jersey Department of Banking and Insurance ("NJDOBI") issued a Bulletin to title insurance companies and producers and to real estate brokers, broker-salespersons and salespersons advising them of the restrictions on...more

Court Grants Summary Judgment For Non-Moving Party In Sales Representative Dispute

by Varnum LLP on

When deciding whether to file a summary judgment motion, attorneys should be careful to consider the possibility that the court may choose to enter summary judgment in favor of the non-moving party. This is what recently...more

Written Commission Contracts Are Now Required For All Commissioned Employees

by Ervin Cohen & Jessup LLP on

Do you have any employees that are paid on a commission basis? If so, do you have a written contract setting forth the terms and conditions by which commissions will be earned and paid? Has the contract been signed by the...more

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