August 18, 2012
Yesterday, a three-judge panel of the Ninth Ciruit Court of Appeals asked the California Supreme Court to answer a state law question about commissions: “To satisfy California’s compensation requirements, whether an employer can average an employee’s commission payments over certain pay periods when it is equitable and reasonable for the employer to do so.” The case is Peabody v. Time Warner Cable, Inc.
The Supreme Court has not yet docketed the Ninth Circuit’s request, but should do so next week. The court will likely decide by mid-October whether it will answer the question.
[UPDATE: The case is now docketed in the Supreme Court.]