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Vaquero v. Stoneledge Furniture LLC

Articles Discussing Case:

Paying Most Sales Employees Purely on Draw and Commission No Longer Lawful In California

Fisher Phillips • March 13, 2017
Last month a California appellate court held that an employer violates California law by paying inside sales employees on a draw against commission. In Vaquero v. Stoneledge Furniture LLC, the court held that such a pay arrangement does not compensate employees for their mandatory paid rest breaks and other non-selling working time.

Commissioned California Employees Must Be Separately Compensated for Rest Periods

Ogletree Deakins • March 08, 2017
On February 28, 2017, the California Court of Appeal issued a significant decision in Vaquero v. Stoneledge Furniture LLC (No. B269657). The decision, which was certified for publication, is the first ruling by a California appellate court requiring employers to separately compensate commissioned employees—as opposed to employees paid by piece rate—for rest periods.

California Auto Dealers Beware: Commission-Paid Dealership Employees Entitled To Separate Rest Period Pay

Fisher Phillips • March 06, 2017
A California appellate court ruled on February 28, 2017, that employees paid on a commission basis must be separately compensated for legally required rest periods (Vaquero v. Stoneledge Furniture LLC). Although this decision did not specifically involve automobile dealerships, this decision could impact any dealerships in California compensating individuals completely or partially on a commission basis (e.g., salespersons, finance managers, service advisors). If your dealership is in this category, you should review this decision to determine whether you need to immediately adjust your pay practices.

California Court Rules Commission-Paid Employees Are Entitled To Separate Rest Period Pay

Fisher Phillips • March 06, 2017
A California appellate court ruled yesterday that workers paid on a commission basis must be separately compensated for legally required rest periods (Vaquero v. Stoneledge Furniture LLC). When combined with a state Supreme Court ruling late last year requiring employers to provide workers with duty-free rest breaks, this one-two punch of court decisions will force many California employers to alter their pay practices or face potentially devastating financial consequences.