Fisher & Phillips: California Court Rules Commission-Paid Employees Are Entitled To Separate Rest Period Pay | Practical Law
This Law Firm Publication by Fisher & Phillips LLP addresses Vaquero v. Stoneledge Furniture LLC, in which a California appellate court held that commission-based workers must receive separate compensation for legally-required rest periods. California employers were already required to provide a ten-minute rest period for every four hours worked by non-exempt employees who work at least three and a half hours per day. The Vaquero court found that employers could not combine rest period compensation with commissions paid for productive time in order to meet minimum wage requirements. The publication indicates that this ruling and a recent California Supreme court decision requiring rest periods to be duty-free have changed the landscape of rest period compensation structure.