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ARTICLE · 04 JUNE 2018

Rest Period Pay For Commission-Based Employees

Fisher Phillips LLP
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Raul Zermeno authored the article "California Appellate Court Expands Law on Rest Period Pay for Commission-Based Employees," which appeared in the Winter Edition of San Diego Dealer.

United StatesEmployment and HR
Raul Zermeno
Raul Zermeno
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Raul Zermeno authored the article "California Appellate Court Expands Law on Rest Period Pay for Commission-Based Employees," which appeared in the Winter Edition of San Diego Dealer. In this article, Raul examines the outcomes of several cases that involved commission-based employees such as sales people. The ruling in the Vaquaro v. Stoneledge Furniture LLC, case from last year set the precedent that employees who are paid strictly by commissions must be compensated for legally required rest periods, but did not determine what method of pay would be best for this.

To avoid situations like this in the future, Raul recommends that "auto dealership employers should consult with qualified labor and employment counsel to determine whether pay practices adequately compensate commission-based employees for all hours worked, including rest and recovery time".

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