In August, the Ninth Circuit asked the California Supreme Court to answer an employment law question in Peabody v. Time Warner Cable, Inc. Today, the Supreme Court agreed to do so. As it’s allowed to do, the Supreme Court restated the question a bit: “To satisfy California’s compensation requirements, whether an employer can allocate an employee’s commission payments to the pay periods for which they were earned.”
[UPDATE: The restatement of the question as originally reported above, which came from an automatic email notification, is incorrect. The Supreme Court’s order in fact restates the question this way: “May an employer, consistent with California’s compensation requirements, allocate an employee’s commission payments to the pay periods for which they were earned?”]
