Calif. Court Sides With Employer In Commission OT Appeal

Law360, New York (January 24, 2012, 9:03 PM EST) -- A California state appeals court on Tuesday determined that commission need not be tied to a product's value to allow for commissioned workers to be exempted from overtime, affirming the dismissal of a class action accusing a staffing agency of denying overtime to its salespeople.

The California Court of Appeal tossed an appeal lodged by Surrex Solutions Corp. employees who accused the agency of shorting its commissioned workers on overtime pay. The court rejected the workers’ argument that Surrex had taken into account disparate factors in...
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