Time Warner OT Case May Cause Classification Headaches

Law360, San Diego (October 19, 2012, 8:07 PM EDT) -- In taking up a proposed overtime class action against Time Warner Cable Inc., the California Supreme Court will consider whether employers can allocate commission payments over the period of time they were earned, and attorneys say a ruling against the practice could burden companies with new monitoring rules and a fresh wave of misclassification class actions.

The state high court said Wednesday that it would answer the question of whether, under California’s compensation rules, employers can allocate workers’ commission payments to the pay periods for which...
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