9th Circ. Punts Time Warner OT Question To State Court

Law360, New York (August 17, 2012, 7:16 PM EDT) -- The Ninth Circuit asked California's high court Friday to decide whether the state allows employers to average commission payments over extended pay periods, saying California law lacks clear precedent over the question at the center of a putative overtime class action against Time Warner Cable Inc.

In an appeal claiming Time Warner violated state overtime laws when it used sales agents’ later commissions to meet past weeks' minimum wage requirements, the Ninth Circuit asked the state Supreme Court to answer whether employers can satisfy California's compensation...
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