VW Rips Sales Reps' 9th Circ. Bid To Save Lost Income Suit

Law360 (June 10, 2021, 6:14 PM EDT) -- Volkswagen told the Ninth Circuit Wednesday that California salespeople at independent franchised dealerships are overreaching by alleging that the German automaker was a joint employer and, therefore, liable for the commissions they lost when the emissions-cheating scandal erupted in 2015.

Volkswagen AG and its U.S. distribution unit Volkswagen Group of America asked the Ninth Circuit to affirm U.S. District Judge Charles R. Breyer's "carefully reasoned" October decision that closed out a consolidated wage-and-hour action from individual salespeople Robert Saavedra, Armando Rodriguez and Mickey Gaines alleging the 2015 "clean diesel" emissions-cheating scandal and the resulting drop in Volkswagen car sales hurt their income....

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