News & Analysis as of

Minimum Wage › Rest and Meal Break › Sales Commissions

Constangy, Brooks, Smith & Prophete, LLP

The Holiday Pay Playbook: Regular rate, holiday bonuses, and California overtime

Constangy, Brooks, Smith & Prophete, LLP on

California wage and hour law is never so confusing as during the holiday season. Beyond making sure that employees receive their paychecks on time, employers must correctly determine the “regular rate of pay" so that they can...more

Sheppard Mullin Richter & Hampton LLP

Peace for Piece-Rate Employers in Washington

Sheppard Mullin Richter & Hampton LLP on

On September 5, 2019, the Washington Supreme Court issued a huge win for all non-agricultural employers who pay commission or piece-rate pay to their employees in Washington state. In a 6-3 decision, the Washington Supreme...more

Fisher Phillips

Appeasing The 3-Headed Monster For Incentive-Paid Employees

Fisher Phillips on

Many California employers are familiar with the three-headed monster of medical leave questions: family medical leave (state and federal), disability leave and accommodation, and workers’ compensation leave. The wage and hour...more

Akin Gump Strauss Hauer & Feld LLP

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

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

Seyfarth Shaw LLP

Picking a Fight: How California Makes Employment Law Peculiar

Seyfarth Shaw LLP on

Seyfarth Synopsis: Our mission here at Cal-Pecs is to illuminate how California employment law differs from the law that employers generally experience throughout America. In this back-to-basics piece, we provide some...more

Payne & Fears

Key California Employment Law Cases: February 2017

Payne & Fears on

The key California employment law cases from February 2017 involve collective bargaining/union and wage and hour issues. - Collective Bargaining/Union Issues - Vasserman v. Henry Mayo Newhall Memorial Hospital, 8 Cal....more

Fisher Phillips

The Resurgence Of The Hourly Rate To Recognize Performance

Fisher Phillips on

The minimum wage is here to stay, but it has become more complicated to apply to some classes of employees. Until this century, the issue of whether employees are adequately paid at the applicable minimum wage in California...more

Bass, Berry & Sims PLC

Employees Paid on a Commission Basis Must Be Paid a Separate Minimum Wage for Rest Periods

Bass, Berry & Sims PLC on

Employers who pay employees commissions should evaluate their compensation schemes to ensure compliance with California law in light of the California Court of Appeals’ recent ruling in Vaquero, et al. v. Stoneledge...more

Fisher Phillips

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

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

Morgan Lewis

California Court of Appeal Expands Law on Separate Rest Break Payments

Morgan Lewis on

Employees who are paid solely on commission must receive separate compensation for rest breaks. On February 28, the California Court of Appeal ruled in Vaquero v. Stoneledge Furniture, LLC that employees who are paid...more

Fisher Phillips

California Court Rules Commission-Paid Employees Are Entitled To Separate Rest Period Pay

Fisher Phillips on

A California appellate court ruled yesterday that workers paid on a commission basis must be separately compensated for legally required rest periods (Vaquero v. Stoneledge Furniture LLC). When combined with a state Supreme...more

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