California Supreme Court

Susan J. Peabody, Plaintiff and Appellant v. Time Warner Cable, Inc., Defendant and Respondent

July 14, 201459 Cal. 4th 662

Summary

The court held that an employer may not attribute commission wages paid in one pay period to a different, earlier pay period to satisfy California's compensation requirements. The commissioned-employee exemption's minimum-earnings requirement depends on the wages actually paid in each pay period, and the same principle applies to minimum-wage obligations. The court answered the Ninth Circuit's certified question accordingly.