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Special Report on

Sales Commissions FLSA Case

sales commissions flsa case special research report Photo by www.californiaemploymentlawreport.com
After plaintiff prevailed in this FLSA case, Judgment was entered for $4,724.29 and a Supplemental Judgment for $35,248.10 in attorney fees and costs.  Due to financial difficulties, Defendants failed to satisfy the judgment, necessitating Plaintiff to garnish certain monies from Defendants to satisfy the judgment.  Before the court was Plaintiff’s Supplemental Motion for Attorney Fees for Post-Judgment Collection.  The Court granted the Motion. The Court explained, “[u]nder Oregon law, attorney fees to enforce a judgment are “legal services related to the prosecution or defense of an action” which the court may ...
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REVIEWS AND OPINIONS
Jackson Lewis - Merrill Lynch Settlement of FLSA Collective Action ...
In a case with significant consequences to the financial industry, Merrill Lynch has agreed to pay up to $37 million to approximately 3,250 of its California stock brokers to settle claims that it failed to pay overtime wages.  The settlement may spur interest in overtime pay claims under the federal Fair Labor Standards Act and perhaps state wage and hour laws by other stock brokers, as well as inside salespersons in other segments of the financial industry.  In Burns v. Merrill Lynch, Pierce, Fenner & Smith Inc. , N. D. Cal., No. 3:04-CV-04135, a former Merrill Lynch broker claimed he worked daily from 6:00 a.m. ... market research, surveys and trends
Calculating Overtime Pay Under the FLSA
In such a case, the employee and employer may legally enter into an agreement that the employee will be paid the same weekly base salary, regardless of the number of hours worked (so long as he or she always earns at least the minimum wage) ... She also earned $150 in commissions based on her sales in that workweek. Step 1: Calculate her “straight time pay,” which is simply hours worked times the hourly rate: Hours worked (52) x hourly rate ($15) = $780 (straight-time pay ... market research, surveys and trends

SURVEY RESULTS FOR
SALES COMMISSIONS FLSA CASE

S.D.Ohio: Hybrid Salary Plus Commissions Plan Violated FLSA ...
This case was before the Court on Plaintiff’s Motion for Summary Judgment, relative to his FLSA claims.  Defendants contended that they were entitled to the exemption from the overtime wage requirement under 7(i) of the FLSA, 29 U.S.C. § 207(i) , the so-called “Retail Exemption,” because Plaintiff’s regular rate of pay exceeded one and one-half times the minimum wage rate and over half of Plaintiff’s compensation came from commissions earned on the sale of goods and services.  The Court granted Plaintiff’s Motion, explaining that Defendants were not entitled to the benefit of 7(i), because ... industry trends, business articles and survey research
N.D.Ill.: Pharmaceutical Representatives Not Outside Sales Or ...
This case was before the Court on the parties cross-Motions for Summary Judgment on the hot-button issue of whether Plaintiffs, pharmaceutical representatives, were exempt–under either the outside sales or administrative exemption–or non-exempt and entitled to overtime.  Joining the minority of courts to have decided the issue to date, the Court granted Plaintiffs’ Motion for Summary Judgment and denied Defendant’s Motion. The Court cited the following facts as relevant to its inquiry: “Defendant is a global, broad-based health care company headquartered in Illinois. (R. 144, Pls.’ Facts ¶ 1.) ... industry trends, business articles and survey research
RELATED NEWS
Schmidt v. Eagle Waste & Recycling: highlighting the FLSA “combination exemption”
In recent years employers, have seen an alarming increase in class and collective actions filed by employees claiming they are owed unpaid overtime. Please log in below to access the full article. If you are not an existing Lexology subscriber, please register for the free daily legal newsfeed service here . Earlier this week, the House of Representatives approved the Dodd-Frank Wall Street Reform and Consumer Protection Act. On Friday, June 25, 2010, the Internal Revenue Service released guidance (in a question-and-answer format) to individuals and businesses affected by the oil spill in the Gulf of Mexico and ... market trends, news research and surveys resources
Rules of thumb
By 10:30 on a Friday night, the workweek is a distant memory for many employees, whether they’re out blowing off steam or home getting some well-earned rest. But not for “Sara,” an associate at a Midtown investment bank, who at that hour is often engaged in a somewhat less desirable activity: fielding messages on her company-issued BlackBerry. The next morning “they start up again bright and early,” she says. “The expectation is that I’m available 24/7,” gripes the 27-year-old, who didn’t want her real name used. “It literally eats up my free time.” Time was, you ... market trends, news research and surveys resources

INFORMATION RESOURCES

Administrator's Interpretation No. 2010-1
Mar 24, 2010 ... thorough review of the case law that has continued to develop on the exemption, the Administrator is ..... The commissions are based upon sales that are .... Contrary to the assumption in Opinion Letter FLSA 2006- ... technology research, surveys study and trend statistics
FREQUENTLY ASKED QUESTIONS RETAIL/SERVICE ESTABLISHMENT SALES ...
FLSA requires a record of sales, of what constitutes the representative period, ... necessarily a commission-paid worker and is not in all cases exempt from ... technology research, surveys study and trend statistics
Ag Law & Taxation Case Annotations :: Regulatory Law
The Humane Society of the United States v. HVFG, LLC, No. 06 CV 6829 (HB), 2010 U.S. Dist. LEXIS 44961 (S.D. N.Y. May 6, 2010) (plaintiff claims that defendant violated Clean Water Act for discharging pollutants in excess of permitted levels and didn't follow permits' report and monitor requirements; court holds that only some of plaintiff's claims are actionable, and determines that nine-month injunction is appropriate).  Bobadill-German, et al. v. Bear Creek Orchards, Inc., No. 07-3058-PA, 2010 U.S. Dist. LEXIS 44141 (D. Ore. May 5, 2010) (case involves plaintiff's motion for ...
REAL TIME
SALES COMMISSIONS FLSA CASE
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QUESTIONS AND ANSWERS
Google Answers: Compensating Independent Sales People
Hello, I am responding to your question regarding the compensation of sales people at trade shows. This article is from the Journal of Business Research "Measuring Performance at Trade Shows" with a section on sales related activities. http://www.nfh.uit.no/dok/hansen%20(2004).pdf On this site: Tech Republic Compensating a Sales Force "So consider, your margins 1.43 or 1.5, then consider the sales reps monthly living expenses and requiremets due to age and experience. If you can replace any of your sales staff in less than a week and plan on turnover, you would generally pay far less and offer little base. If these sales ...
If an employee's work truck is burglarized, and a company tool is ...
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