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Commissioned Employees: Cal. Sup. Ct. Holds Commissions Are Counted in the Pay Period Actually Paid

The California Supreme Court today issued its ruling in Peabody v. Time Warner Cable, Inc., Case No. S204804, __ Cal. 4th __ (July 14, 2014). Plaintiff Peabody filed a class action suit alleging failure to pay overtime and other wage and hour claims. As to overtime, Time Warner argued that Peabody fell within California’s “commissioned employee” exemption and was not entitled to overtime pay.

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California Supreme Court Holds Employers May Not Attribute Commissions Paid in One Period to Other Periods to Satisfy Commissioned Sales Exemption

This morning, the California Supreme Court issued its opinion in Peabody v. Time Warner Cable, Inc., Case No. S204804, __ Cal. 4th __ (July 14, 2014). At the request of the Ninth Circuit, the Court considered whether an employer may attribute commission wages paid in one pay period to other pay periods in order to satisfy California’s compensation requirements. The court concluded no:

[A]n…

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#California Supreme Court #Commission Sales Exemption #Commissions #Inc.#Inside Sales Exemption #Peabody v. Time Warner Cable

California Supreme Court Prohibits Waiver of PAGA Representative Claims

This morning, the California Supreme Court issued its long-awaited opinion in Iskanian v. CLS Transportation Los Angeles, LLC, No. S204032, __ Cal.4th __ (Jun. 23, 2014).

The Court held that the U.S. Supreme Court’s opinion in Concepcion abrogated Gentry v. Superior Court, 42 Cal. 4th 443 (2007). But the Court held that an arbitration agreement requiring an employee as a condition of employment…

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#Arbitration #California Supreme Court #Concepcion #David F. Faustman #Glenn A. Danas #Iskanian

Supreme Court Holds That Traffic Stop Following 911 Call Reporting Dangerous Driving Complied With Fourth Amendment

Today, the U.S. Supreme Court held that a traffic stop complied with the Fourth Amendment because under the totality of circumstances, the officer had a reasonable suspicion that the driver was intoxicated. Navarette et al. v. California, No. 12-9490, 572 U.S. __ (Apr. 22, 2014). A CHP officer stopped a pickup truck because it because it matched the description of a vehicle that a 911 caller…

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#Drunk Driving #Fourth Amendment #Navaretta v. California

Supreme Court Holds That Traffic Stop Following 911 Call Reporting Dangerous Driving Complied With Fourth Amendment

Today, the U.S. Supreme Court held that a traffic stop complied with the Fourth Amendment because under the totality of circumstances, the officer had a reasonable suspicion that the driver was intoxicated. Navarette et al. v. California, No. 12-9490, 572 U.S. __ (Apr. 22, 2014). A CHP officer stopped a pickup truck because it because it matched the description of a vehicle that a 911 caller…

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#Drunk Driving #Fourth Amendment #Navarette v. California

Ninth Circuit Holds That Differential Diagnosis May Form Basis of Medical Expert's Causation Testimony

Ninth Circuit Holds That Differential Diagnosis May Form Basis of Medical Expert’s Causation Testimony

Today the Ninth Circuit reversed summary judgment, holding that a “reliable differential diagnosis may form the basis of an expert’s causation testimony.” Messick v. Novartis Pharmaceuticals Corp., No. 13-15433, __ F.3d __ , at *8 (9th Cir. Apr. 4, 2014).

Plaintiff offered a medical doctor’s expert testimony on the causal link between plaintiff’s treatment and later development of a disease.…

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#Daubert #Differential Diagnosis #Evidence

First District Issues Same-sex Harassment Opinion

On Wednesday, the First District held that conduct including numerous gifts, frequent lunch purchases, along with some sexual jokes and displays of pornographic computer images, over a period of several months, was sufficient for a reasonable jury to conclude a supervisor engaged in a pervasive pattern of harassing conduct.

Background

Plaintiff, a heterosexual man, sued his former employer, the…

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#Benicia #Diana Becton #Kathleen M. Banke #Robert L. Dondero #Same-sex harassment #Sexual Interest

U.S. Supreme Court Upholds Class Waiver in Arbitration Agreement

American Express Co. shipping receipt, New York City to St. Louis, MO (August 6, 1853) (Photo…

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#American Express Co. v. Italian Colors Restaurant #Concepcion #Federal Arbitration Act

"Good, Bad, or Ugly": U.S. Supreme Court Upholds Arbitrator's Interpretation of Contract as Providing for Class Arbitration

The Good, the Bad and the Ugly (soundtrack) (Photo credit: Wikipedia)

A unanimous U.S. Supreme…

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#Arbitrability #Elena Kagan #Federal Arbitration Act §10(a)(4)#Oxford Health Plans LLC v. Sutter #Stolt-Nielsen #Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp.

Sixth District Holds Arbitration Agreement Unenforceable as Applied to PAGA Claims

you are the only exception (Photo credit: heatherknitz)

In a preview of a question currently before…

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#AT&T Mobility v. Concepcion #Brown v. Morgan Tire & Auto LLC #Christopher Michael HeikausWeaver #Conrad L. Rushing #E.W. Klatte III #Eugene M. Premo #Franklin D. Elia concurring #Glenn A. Danas #Iskanian v. CLS Transportation of Los Angeles #Katherine W. Kehr #Melissa Grant #PAGA #Summer Young Agriesti

Arbitration Clause on Back of Pre-Printed Auto Purchase Contract Is Unconscionable

Mini Maint Page 1 (Photo credit: Flyinace2000)

Yesterday, in Vargas v. SAI Monrovia B, Inc., No.…

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#Aaron H. Jacoby #Angela J. Smith #Arbitration #Arbitration clause #Christian J. Scali #Christopher P. Barry #Concepcion #Frances Rothschild #Hallen D. Rosner #Jeffrey W. Johnson #Robert M. Mallano #Sanchez v. Valencia Holding Co.#Unconscionability #Vargas v. SAI Monrovia B #Victor P. Danhi

Compensation Based Solely Upon Hours, With No Guaranteed Minimum, Is Not a Salary

Daily salary IMG 0077 (Photo credit: Wikipedia)

On Thursday, the Sixth District held that a…

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#Ari Moss #California Labor Code 515 #Conrad L. Rushing #Dennis F. Moss #Eugene M. Premo #Franklin D. Elia #Michael A. Bishop #N. Kate Jeffries #Negri v. Koning & Associates #Salary Basis Test

Meal and Rest Break Class Can Be Determined on Class-wide Basis

Coco-park-security-guard (Photo credit: Wikipedia)

On Friday, the Fourth District reversed the…

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#Angela V. Lopez #Brinker Restaurant Corp. v. Superior Court #Christina A. Humphrey #Craig Pynes #Eileen C. Moore #Faulkinbury v. Boyd & Associates #Jonathan Fraser Light #Lawrence A. Witsoe #Leslie Roseman #Renee L. Barge #Richard D. Fybel #Stanley D. Saltzman #William F. Rylaarsdam

D.C. Circuit Holds That NLRB's Rule Requiring Employee Rights Poster Unlawful

English: National Labor Relations Board (NLRB) Member William S. Leiserson (left), Chairman J.…

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#National Association of Manufacturers v. National Labor Relations Board #National Labor Relations Board #NLRB

Challenge to Court Reporter's Proposed Transcript Cost Cannot Be Raised in Subsequent Action

Court Reporter tests his Stenomask (Photo credit: Wikipedia)

Yesterday, in an appeal from a…

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#Allison C. Eckstrom #Arthur Gilbert #CCP 128 #CCP 2025.510 #Kenneth R. Yegan #Mark S. Borrell #Steven Z. Perren #The Las Canoas Company v Kramer #Vince M. Verde

Second District Reverses Deputy Sheriff's Discharge

English: Los Angeles County Sheriff helicopter in flight, Sikorsky SH-3H, N950DF (Photo credit:…

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#Elizabeth A. Grimes #Jeffrey M. Hausman #Larry D. Stratton #Los Angeles County Civil Service Commission #Los Angeles County Sheriff&039;s Department #Madeleine Flier #Ronald Talmo #Scott D. Hughes #Shirey v. Los Angeles County Civil Service Commission #Vincent C. McGowan

Collective Bargaining Exception to California Labor Code Section 227.3 (Right to Immediate Vacation Time Payment Upon Termination) Requires Clear and Unmistakable Wavier of Right

Collective Bargaining Bill Signing (Photo credit: Office of Governor Patrick)

The Second District…

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#Adrian Barnes #Arthur Gilbert #Brian M. Hoffstadt #Choate v. Celite Corporation #Collective Bargaining Agreement #Donna D. Geck #James W. Brown #Jeffrey A. Dinkin #Karin Dougan Vogel #Labor Code Section 201 #Labor Code section 203 #Labor Code Section 227.3 #Pay Upon Termination #Robert A. Cantore #Steven Z. Perren #Vacation Pay #Waiting Time Penalties

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