Calif. Ruling Could Hinder Commissioned Workers' OT Suits

Law360, San Diego (August 30, 2012, 9:53 PM EDT) -- While a California appeals court affirmed Wednesday that in light of the Brinker decision, Surrex Solutions Corp. didn’t need to ensure a class of employees took meal breaks, the court also applied a broader reading of commission systems that could make it harder for commissioned workers to seek overtime wages, lawyers say.

After its January ruling was vacated following the California Supreme Court’s Brinker Restaurant Corp. v. Superior Court decision, which held employers need to provide but don’t have to ensure workers take meal breaks, the...
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