[UPDATED THROUGH AUGUST 6, 2014]
How Should Guards Be Compensated for Nighttime “On Call” Hours? After the Court of Appeal affirmed in part and reversed in part an order granting a preliminary injunction, the Court granted review on this issue: Are the guards that defendants provide for construction site security entitled to compensation for all nighttime “on call” hours, or may defendants deduct sleep time depending on the structure of the guards' work shifts? Mendiola v. CPS Security Solutions, Inc., S212704, (opinion below B240519, formerly 217 Cal.App.4th 851). Review was granted 10/16/13.
Can Commission Payments be Reallocated Under California Law? In response to a request under C.R.C., rule 8.548 by the United States Court of Appeals for the Ninth Circuit,the Court certified the following issue: “May an employer, consistent with California’s compensation requirements, allocate an employee’s commission payments to the pay periods for which they were earned?” Peabody v. Time Warner Cable, Inc., S204804 (9th Cir. Order is here, 689 F.3d 1134). Certification was granted on 10/17/12. Update 5/9/14: Oral argument scheduled for 6/4/14. Update 6/4/14: Case argued and submitted. Briefs are here. Update 7/14/14: Opinion issued. The unanimous Court answered no, holding that wages are attributed to the pay period in which they were actually paid.