News & Analysis as of

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

Chicago Proposes Pharma Rep Licensing Rules and Ethical Standards

by Dechert LLP on

The City of Chicago Commissioner of Public Health on Friday, March 17, published proposed Rules to implement the highly-publicized pharmaceutical representative licensing ordinance enacted in November 2016....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

Auto Dealership Liability for Accidents Occurring During Test Drives: How to Protect Your Dealership

by Jaburg Wilk on

Prospective car buyers are no different than the drivers we encounter daily on the road: some are skilled, some are not so skilled. Add to that the prospective buyer’s unfamiliarity with the vehicle they are test-driving,...more

What businesses need to know about amendments to Canadian consumer protection laws in 2017

by DLA Piper on

The past year has been a busy one for provincial governments and consumer protection laws in Canada. Several provinces have been busy closing gaps and loopholes that had resulted in some businesses being caught by consumer...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

Service Advisors at Auto Dealerships Not Exempt, Says the Ninth Circuit

by Tonkon Torp LLP on

On January 9, 2017, the Ninth Circuit issued its opinion in Navarro v. Encino Motorcars, LLC, on remand from the United States Supreme Court. It held, once again, that service advisors at car dealerships are not exempt from...more

The U.S. Supreme Court And Workplace Class Actions

by Seyfarth Shaw LLP on

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

‘I’m yours … and yours’: California Supreme Court puts restrictions on ‘dual agents’

by Thompson Coburn LLP on

The California Supreme Court just closed a loophole as to whether a salesperson’s duties to a buyer in a real estate transaction – when that salesperson’s broker is acting as a “dual agent” – includes the duty to learn and...more

Yes, Virginia, Law Firms are Hiring Sales Professionals!

by LawVision Group LLC on

The Cubs won the world series, Donald Trump may be our next President, and law firms are hiring sales professionals. What? Really?...more

SCOTUS Sends Auto Workers Back to Circuit Court for Overtime Regulation “Repairs”

by Foley & Lardner LLP on

You may not even know the technical name for workers at the local car dealership who diagnose what is wrong with your vehicle and tell you how it can be repaired. They are called auto service advisors, and whether they are...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

AB 2535 Expands Exceptions to Tracking Hours Requirements on Itemized Wage Statements

by Ervin Cohen & Jessup LLP on

Prompted, in part, by a 2015 federal court decision which held that employers must state the total hours worked by outside sales persons, Assembly Bill 2535 amends Labor Code section 226 to further clarify the categories of...more

Resource for Companies Evaluating Compliance with New Overtime Laws

by Snell & Wilmer on

Many companies are in the process of completing internal audits to prepare for the new salary and overtime rules that go into effect on December 1, 2016. While the changes do not impact the duties-portion of FLSA exemptions,...more

Governor Brown Signs Bill Clarifying Wage Statement Requirements for Exempt Employees

On July 22, 2015, Governor Brown signed AB 2535 that clarifies which employees for whom an employer must track hours worked and record those hours on their wage statements. The bill will become effective January 1,...more

Auto Dealers Lead the Way for Ignoring Certain Federal Regulations

by Burns & Levinson LLP on

Not all federal regulations reflect a rule of law. In fact, some are not even given deference by the courts as a legitimate interpretation of the law. The U.S. Supreme Court recently concluded that certain federal regulations...more

CSLB Announces New Online Home Improvement Salespersons Registration Process

As we reported on earlier (as in last year) the California Contractors State License Board was in the process of revamping its Home Improvement Salesperson registration process following the enactment of Senate Bill 561. I...more

District Court Judge Issues TRO and Preliminary Injunction Under the Defend Trade Secrets Act

In some of the first decisions under the newly enacted Defend Trade Secrets Act, on June 10 and 22, 2016, United States District Judge Jon S. Tigar granted a temporary restraining order and preliminary injunction in Henry...more

Medical devices employee predominately undertaking sales activities not covered by the Commercial Sales Award

by DLA Piper on

The Fair Work Commission (FWC) has allowed a jurisdictional objection by Globus Medical that its former Area Manager for Queensland was not covered by the Commercial Sales Award 2010 and therefore he could not bring an unfair...more

International Crackdown: Tax Authorities Look to Employment Structures in Initiating Audits

In structuring their workforces abroad, taxes are a major driving force for employers—and if recent government initiatives are any indicator, employers should take care when considering the tax implications of their staffing...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

Sales Representatives Face Increased Risk of Being Named in Medical Device Product Liability Litigation

Why is there a rise in sales representatives being sued in medical device product liability cases? Robyn Maguire: Five to ten years ago, the primary reason sales representatives were sued in product liability cases was...more

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