1 Filed 7/14/14 IN THE SUPREME COURT OF CALIFORNIA SUSAN J. PEABODY, ) ) Plaintiff and Appellant, ) ) S v. ) ) TIME WARNER CABLE, INC., ) 9th Cir. No ) C.D. Cal. No. Defendant and Respondent. ) 2:09-cv AG-RNB ) Susan Peabody worked for Time Warner Cable, Inc. (Time Warner), as a commissioned salesperson. She received biweekly paychecks, which included hourly wages in every pay period and commission wages approximately every other pay period. After Peabody stopped working for Time Warner, she sued, alleging various wage and hour violations. Time Warner removed the matter to federal court and successfully moved for summary judgment. Peabody appealed. At the request of the United States Court of Appeals for the Ninth Circuit (Peabody v. Time Warner Cable, Inc. (9th Cir. 2012) 689 F.3d 1134 (Peabody); Cal. Rules of Court, rule 8.548), we consider whether an employer may attribute commission wages paid in one pay period to other pay periods in order to satisfy California s compensation requirements. 1 We conclude the answer is no. 1 The Ninth Circuit framed the issue as follows: 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 (Footnote continued on next page.) 1
2 I. BACKGROUND From July 2008 to May 15, 2009, Peabody was a Time Warner account executive selling advertising on the company s cable television channels. Every other week, Time Warner paid $ in hourly wages, the equivalent of $9.61 per hour, assuming a 40-hour workweek. About every other pay period, Time Warner paid commission wages under its account executive compensation plan. In her class action suit, Peabody alleged: (1) she regularly worked 45 or more hours per week, but was never paid overtime wages; (2) she occasionally worked more than 48 hours per week, earning less than the minimum wage in those weeks when she was paid only hourly wages; and (3) due to Time Warner s implementation of a new compensation plan in March 2009, she was not paid all of the commission wages owed on her January and February 2009 sales. She also sought statutory penalties for the late payment of wages and for itemized wage statement violations. 2 Time Warner removed the matter to federal court and sought summary judgment. Concerning commission wages, it noted that, under all versions of its (Footnote continued from previous page.) for the employer to do so. (Peabody, supra, 689 F.3d at p ) Our order reformulated the question using language proposed by Time Warner: May an employer, consistent with California s compensation requirements, allocate an employee s commission payments to the pay periods for which they were earned? We restate the question to conform to the facts at issue in the underlying matter. (Cal. Rules of Court, rule 8.548(f)(5).) 2 (Allegations for violations of Lab. Code, 510 [overtime], 1194 [minimum wage; see Lab. Code, former (Stats. 2006, ch. 230, 1, pp [applicable minimum wage was $8 per hour])], 201 [payment of wages upon discharge], 203 [late payment of wages], 226 [itemized statements]; subsequent unlabeled statutory citations are to the Labor Code.) 2
3 compensation plan, an account executive earned a commission only upon the occurrence of three events: (1) procurement of the order; (2) broadcast of the advertising; and (3) collection of the revenue from the client. Commissions for January and February 2009 sales were neither earned nor owed until additional conditions were satisfied, which did not occur until after adoption of the March 2009 compensation plan. Thus, the commissions were correctly paid in accordance with the operative plan. As to overtime, Time Warner did not dispute that Peabody regularly worked 45 hours per week and was paid no overtime. It argued that she fell within California s commissioned employee exemption and thus was not entitled to overtime compensation. (Cal. Code Regs., tit. 8, 11040, subd. 3(D).) The exemption requires, among other things, that an employee s earnings exceed one and one-half (1 1/2) times the minimum wage (ibid.), i.e., $12 per hour. Time Warner acknowledged that most of Peabody s paychecks included only hourly wages and were for less than that amount. It argued, however, that commissions should be reassigned from the biweekly pay periods in which they were paid to earlier pay periods. It reasoned that the commissions should be attributed to the monthly pay period for which they were earned. (Italics added.) Attributing the commission wages in this manner would satisfy the exemption s minimum earnings prong. As to minimum wages, Time Warner argued that attributing commission wages in this way would necessarily mean Peabody s compensation also was, at all times, higher than the applicable minimum wage. The district court granted summary judgment. First, it determined that the January and February 2009 commissions were not earned, and thus not owed, until after adoption of the new compensation plan. Second, it concluded that Time Warner could attribute commission wages paid in one biweekly pay period to 3
4 other pay periods for the purpose of satisfying California s compensation requirements. In light of this conclusion, the court rejected Peabody s overtime and minimum wage claims, as well as her other claims. The Ninth Circuit affirmed as to the commission wages claim. (Peabody, supra, 689 F.3d at p. 1135, fn. 1.) It determined, however, that underlying the remaining issues was the question of whether Peabody s commissions can be allocated over the course of a month, or whether the commissions must only be counted toward the pay period in which the commissions were paid. (Id. at p ) Finding no clear controlling precedent in California case law, the Ninth Circuit asked this court to answer that question. (Ibid.) II. DISCUSSION We apply settled principles when construing statutes and begin with the text. If it is clear and unambiguous our inquiry ends. (Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094, 1103 (Murphy).) [S]tatutes governing conditions of employment are to be construed broadly in favor of protecting employees. (Ibid.; see Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, (Brinker).) To that end, we narrowly construe exemptions against the employer, and their application is limited to those employees plainly and unmistakably within their terms. (Nordquist v. McGraw- Hill Broadcasting Co. (1995) 32 Cal.App.4th 555, 562; see Ramirez v. Yosemite Water Co. (1999) 20 Cal.4th 785, ) We employ these same principles to wage orders promulgated by the Industrial Welfare Commission (IWC). 3 (Brinker, at p ) 3 The IWC is the state agency empowered to formulate wage orders governing employment in California. [Citation.] The Legislature defunded the IWC in 2004, however its wage orders remain in effect. (Murphy, supra, 40 (Footnote continued on next page.) 4
5 Under section 510, subdivision (a), employees who work in excess of eight hours in one workday [or]... in excess of 40 hours in any one workweek... shall be paid overtime compensation. (See Wage Order No. 4, subd. 3(A) [same].) Employers must compensate such employees at the rate of no less than one and one-half times the [employee s] regular rate of pay. ( 510, subd. (a); see Wage Order No. 4, subd. 3(A) [same].) The commissioned employee exemption, however, provides that the overtime provisions shall not apply to any employee whose earnings exceed one and one-half (1 1/2) times the minimum wage if more than half of that employee s compensation represents commissions. (Wage Order No. 4, subd. 3(D).) Time Warner contends Peabody is an exempt commissioned employee. In response, Peabody focuses on the exemption s minimum earnings prong, i.e., whether her earnings exceeded $12 per hour, or one and one-half... times the minimum wage. 4 (Wage Order No. 4, subd. 3(D).) It is undisputed that the majority of her paychecks were for less than that amount. Thus, the only way the prong could be satisfied is if commission wages paid in one biweekly pay period can be attributed to other pay periods. In arguing that they may, Time Warner primarily contends that, although it issued Peabody a paycheck every two weeks, (1) it permissibly used a monthly pay period when paying commission wages, and (Footnote continued from previous page.) Cal.4th at p. 1102, fn. 4.) Wage order No , which covers salespersons and sales agents, applies here. (Cal. Code Regs., tit. 8, 11040, subd. 2(O) (Wage Order No. 4).) 4 Time Warner argues the exemption s second prong was satisfied because Peabody s commission wages represented 77 percent of her overall compensation. We express no opinion concerning this contention. 5
6 (2) in order to determine earnings for purposes of the exemption, commission wages should be attributed not to the pay periods in which they were paid, but instead to the weeks of the monthly period in which they were earned. Time Warner fails to persuade. Its first contention need not detain us long. Section 204, subdivision (a) (section 204(a)) provides, [a]ll wages... earned by any person in any employment are due and payable twice during each calendar month.... Wages include all amounts for labor performed by employees of every description, whether the amount is fixed or ascertained by the standard of time, task, piece, commission basis, or other method of calculation. ( 200, subd. (a), italics added.) In other words, all earned wages, including commissions, must be paid no less frequently than semimonthly. Limited exceptions do exist, demonstrating that the Legislature knows how to establish a different payroll period when it wishes to do so. ( 204(a) [certain executive, administrative, and professional employees], [commissioned car salespersons]; see Murphy, supra, 40 Cal.4th at p ) Time Warner notes the Division of Labor Standards Enforcement (DLSE) has observed that [c]ommission programs which calculate the amount owed once a month (or less often) are common. 5 (DLSE Opn. Letter No (2002) p. 2, italics added.) This statement, however, does not connote approval of monthly pay periods. It merely acknowledges that (1) commissions are not earned or owed until agreed-upon conditions have been satisfied, and (2) such satisfaction often may occur on a monthly or less frequent basis. For example, as in this case, 5 The DLSE is the agency empowered to enforce California s labor laws, including wage orders. [Citation.] The DLSE s opinion letters, while not controlling..., do constitute a body of experience and informed judgment to which courts and litigants may properly resort for guidance. [Citations.] (Brinker, supra, 53 Cal.4th at p. 1029, fn. 11.) 6
7 an employment agreement may require receipt of a client s payment before any commissions on sold advertising are earned. If a client routinely pays its bills on the 15th of each month, commissions will be earned and owed once a month. Yet this does not create a monthly pay period in contravention of section 204(a). To summarize, section 204 establishes semimonthly pay periods, but there is no obligation to pay unearned commission wages in any pay period. Commissions are owed only when they have been earned, even if it is on a monthly, quarterly, or less frequent basis. We next consider Time Warner s contention that commission wages paid in one biweekly pay period may be attributed to other pay periods to satisfy the exemption s minimum earnings prong. Specifically, Time Warner argues that Peabody s commissions, which were always paid on the final biweekly payday of each month, should be attributed to the weeks of the preceding month. For example, it contends the $2, in commission wages it paid on November 26, 2008, should be attributed to the four workweeks of October Time Warner s ability to satisfy the minimum earnings prong hinges on its ability to attribute commissions in this way. 6 We conclude it may not do so. Whether the minimum earnings prong is satisfied depends on the amount of wages actually paid in a pay period. An employer may not attribute wages paid in one pay period to a prior pay period to cure a shortfall. 6 To illustrate: Assuming Peabody worked 45 hours per week, her earnings could only exceed one and one-half times the minimum wage, thereby satisfying the prong, if she was paid more than $540 per week ($12 x 45 hours). In October 2008, she was paid $ in hourly wages in the first biweekly pay period, making her weekly earnings $ Consequently, Peabody s weekly earnings exceeded $540 only if Time Warner can attribute the $2, in commission wages paid on November 26, 2008, to the four October workweeks: ($2, ) + $ = $
8 This interpretation narrowly construes the exemption s language against the employer with an eye toward protecting employees. (Ramirez v. Yosemite Water Co., supra, 20 Cal.4th at pp ) It is also consistent with the purpose of the minimum earnings requirement. Making employers actually pay the required minimum amount of wages in each pay period mitigates the burden imposed by exempting employees from receiving overtime. This purpose would be defeated if an employer could simply pay the minimum wage for all work performed, including excess labor, and then reassign commission wages paid weeks or months later in order to satisfy the exemption s minimum earnings prong. Additionally, permitting wages paid in one pay period to be attributed to a different pay period would be inconsistent with several Labor Code provisions. Section 204(a), for example, requires that semimonthly paychecks include the wages earned during that pay period. Section 226 requires that the paychecks be accompanied by an itemized statement listing the (1) gross wages earned,... (5) net wages earned, [and] (6) the inclusive dates of the period for which the employee is paid. ( 226, subd. (a).) Reassigning wages in the manner suggested by Time Warner would ignore the obligations imposed by these statutory provisions. Our interpretation is also consistent with the enforcement policies of the DLSE. The agency has identified those requirements that must be met to satisfy the commissioned employee exemption: ... to comply with the requirements of the exemption and of [section 204], for each workweek in the pay period the earnings of the employee... must exceed 1.5 times the minimum wage for each hour worked during the pay period. [ ] ... the payment of the earnings of more than 1.5 times the minimum wage... must be made in each pay period. Therefore, it is not permissible to defer any part of the wages due for one period until payment of the wages due for a later period. [ ]  Compliance with the 8
9 requirements of the exemption is determined on a workweek basis. The minimum compensation component of the exemption must be satisfied in each workweek and paid in each pay period. (DLSE, Enforcement Policies and Interpretations Manual (June 2002) , p. 50-5, italics added.) Although the DLSE s enforcement policies are not entitled to deference (Martinez v. Combs (2010) 49 Cal.4th 35, 50, fn. 15), we adopt its interpretation having independently determined that it is correct. (Gattuso v. Harte-Hanks Shoppers, Inc. (2007) 42 Cal.4th 554, 563.) Finally, Time Warner contends that federal law permits the sort of wage attribution it advocates, and it urges us to follow suit. Although it is true that the commissioned employee exemption has a federal counterpart in 29 U.S.C. section 207(i), [w]e have previously cautioned against confounding federal and state labor law where the language or intent of state and federal labor laws substantially differ. (Martinez v. Combs, supra, 49 Cal.4th at p. 68.) Unlike state law, federal law does not require an employee to be paid semimonthly. (Olson v. Superior Pontiac- GMC, Inc. (11th Cir. 1985) 765 F.2d 1570, ) It also permits employers to defer paying earned commissions so long as the employee is paid the minimum wage in each pay period. (Id. at pp ) In light of these substantial differences from California law, reliance on federal authorities to construe state regulations would be misplaced. In conclusion, we hold that an employer satisfies the minimum earnings prong of the commissioned employee exemption only in those pay periods in which it actually pays the required minimum earnings. An employer may not satisfy the prong by reassigning wages from a different pay period. 7 7 Time Warner also argued that reassigning commission wages would satisfy its obligation to pay a minimum wage. This argument fails for the same reason (Footnote continued on next page.) 9
10 III. CONCLUSION In response to the Ninth Circuit s request, we conclude that an employer may not attribute commission wages paid in one pay period to other pay periods in order to satisfy California s compensation requirements. CORRIGAN, J. WE CONCUR: CANTIL-SAKAUYE, C. J. BAXTER, J. WERDEGAR, J. CHIN, J. LIU, J. BUTZ, J. * * Associate Justice of the Court of Appeal, Third Appellate District, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution. (Footnote continued from previous page.) wages paid in one pay period cannot be reassigned to satisfy other pay periods compensation requirements. If anything, the answer is clearer in the minimum wage context. Wage Order No. 4 obligates an employer to pay to each employee, on the established payday for the period involved, not less than the applicable minimum wage for all hours worked in the payroll period.... (Wage Order No. 4, subd. 4(B), italics added.) 10
11 See next page for addresses and telephone numbers for counsel who argued in Supreme Court. Name of Opinion Peabody v. Time Warner Cable, Inc. Unpublished Opinion Original Appeal Original Proceeding XXX on request pursuant to rule , Cal. Rules of Court Review Granted Rehearing Granted Opinion No. S Date Filed: July 14, 2014 Court: County: Judge: Counsel: Van Vleck Turner & Zaller and Brian F. Van Vleck for Plaintiff and Appellant. Alexander Krakow + Glick and Michael Morrison for California Employment Lawyers Association as Amicus Curiae on behalf of Plaintiff and Appellant. Wargo & French, J. Scott Carr and Joseph W. Ozmer II for Defendant and Respondent.
12 Counsel who argued in Supreme Court (not intended for publication with opinion): Brian F. Van Vleck Van Vleck Turner & Zaller 6310 San Vicente Boulevard, Suite 430 Los Angeles, CA (323) Joseph W. Ozmer II Wargo & French 999 Peachtree Street NE, 26th Floor Atlanta, GA (404)
Filed 8/9/10 IN THE SUPREME COURT OF CALIFORNIA JAMES A. CLARK et al., ) ) Petitioners, ) ) S174229 v. ) ) Ct.App. 2/7 B212512 THE SUPERIOR COURT OF ) LOS ANGELES COUNTY, ) ) Los Angeles County Respondent;
Filed 4/11/13 CERTIFIED FOR PUBLICATION COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA BATTAGLIA ENTERPRISES, INC., D063076 Petitioner, v. SUPERIOR COURT OF SAN DIEGO COUNTY,
COMMISSIONS, INCENTIVE PAYMENTS AND BONUSES UNDER CALIFORNIA LAW Overview Commissions, incentive payments and bonuses present special problems under California law. A majority of employers (and lawyers)
October 2007 New Guidance from the California Supreme Court on Incentive Compensation Plans and Authorized Deductions By George W. Abele, Holly R. Lake, and M. Kirby C. Wilcox In Prachasaisoradej v. Ralphs
Filed 5/16/13; pub. order 6/12/13 (see end of opn.) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (El Dorado) ---- STEVE SCHAEFER, Plaintiff and Respondent, C068229 (Super.
NOTICE Decision filed 10/15/15. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. 2015 IL App (5th 140227-U NO. 5-14-0227
Filed 7/16/2001 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE PAMELA WARREN PORTER, Plaintiff and Appellant, B145178 (Super. Ct. No.
FOR PUBLICATION ATTORNEY FOR APPELLANTS: RONALD E. WELDY Weldy & Associates Indianapolis, Indiana ATTORNEYS FOR APPELLEE: DAVID E. WRIGHT KEVIN D. KOONS Kroger Gardis & Regas, LLP Indianapolis, Indiana
65 Cal. App. 3d 46, *; 1976 Cal. App. LEXIS 2189, **; 135 Cal. Rptr. 147, *** HOSPITAL MEDICAL COLLECTIONS, INC. et al., Plaintiffs and Respondents, v. CITY OF LOS ANGELES et al., Defendants and Appellants
Page 1 of 8 20 Cal. App. 4th 256, *; 24 Cal. Rptr. 2d 501, **; 1993 Cal. App. LEXIS 1169, ***; 93 Cal. Daily Op. Service 8641 DALIA GHANOONI, Plaintiff and Appellant, v. SUPER SHUTTLE OF LOS ANGELES et
LEGAL NOTICE: If you worked for PLS Financial Solutions of California, Inc. (formerly Payday Loan Store of California, Inc.) or PLS Check Cashers of California, Inc. as an hourly paid or non exempt employee
NOTICE OF PROPOSED CLASS ACTION SETTLEMENT AND HEARING DATE FOR COURT APPROVAL Penaloza, et al., v. PPG Industries, Inc., Case No. BC471369 As a current or former non-exempt PPG employee, you may be entitled
Page 1 29 of 41 DOCUMENTS SAN DIEGO ASSEMBLERS, INC., Plaintiff and Appellant, v. WORK COMP FOR LESS INSURANCE SERVICES, INC., Defendant and Respondent. D062406 COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE
Filed 2/9/16 Anaya v. J s Maintenance Service CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions
UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT --------------------------------x STATE OF CONNECTICUT : COMMISSIONER OF LABOR, : : Plaintiff, v. : : CHUBB GROUP OF INSURANCE : COMPANIES, : : Defendant.
Filed 8/27/14 Tesser Ruttenberg etc. v. Forever Entertainment CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying
Filed 9/19/13 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE LAS VEGAS LAND AND DEVELOPMENT COMPANY, LLC et al., Plaintiffs and Appellants,
NO CV 03 0519616S LAURA A. GAVIGAN, ET AL. : SUPERIOR COURT : TAX SESSION v. : NEW BRITAIN COMMISSIONER OF REVENUE SERVICES : FEBRUARY 20, 2004 NO CV 03 0519924S DENNIS M. GAVIGAN : SUPERIOR COURT : TAX
Filed 10/22/15 In re Marriage of Schwartz and Scholnick CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions
Filed 1/9/02; pub. order 1/28/02 (see end of opn.) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE ISRAEL P. CHAMBI, Plaintiff and Appellant, v. THE REGENTS OF
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT RICHARD REYES, as an individual and on behalf of all others similarly situated, Plaintiff-Appellee, v. DOLLAR TREE STORES, INC., a corporation,
Filed 10/19/04 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE AMANZA SMITH, v. Petitioner, B176918 (Los Angeles County Super. Ct. No.
Filed 3/22/16 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Petitioner, B263869 (W.C.A.B.
Filed 8/8/14 Opn filed after rehearing CERTIFIED FOR PARTIAL PUBLICATION * IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION THREE MICHAEL M. MOJTAHEDI, Plaintiff and
Filed 7/29/99 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE RICHARD D. BAGLEY, Plaintiff and Appellant, B122440 (Super. Ct. No. BC110263)
National Labor Relations Board Rules That Mandatory Arbitration Clause Violates The National Labor Relations Act October 16, 2006 In a recent decision potentially affecting all companies that use mandatory
Page 1 LAS VEGAS LAND AND DEVELOPMENT COMPANY, LLC, et al., Plaintiffs and Appellants, v. WILKIE WAY, LLC, Defendant and Respondent. B238921 COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION
****************************************************** The officially released date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal
Filed 5/21/10 CERTIFIED FOR PUBLICATION APPELLATE DIVISION SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE THE PEOPLE, CASE No. 30-2009-304893 Plaintiff and JUDGMENT ON APPEAL Respondent, from the SUPERIOR
Filed 4/12/16 McBane v. Wilks CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered
Page 1 1 of 2 DOCUMENTS Vasquez v. California School of Culinary Arts, Inc. No. B250600 COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO 230 Cal. App. 4th 35; 2014 Cal. App. LEXIS
2015 IL 118143 IN THE SUPREME COURT OF THE STATE OF ILLINOIS (Docket No. 118143) ALMA McVEY, Appellee, v. M.L.K. ENTERPRISES, L.L.C. (Southern Illinois Hospital Services, d/b/a Memorial Hospital of Carbondale,
Filed 10/4/13; pub. order 10/28/13 (see end of opn.) COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA SAN DIEGO ASSEMBLERS, INC., D062406 Plaintiff and Appellant, v. WORK COMP
Filed 10/1/15 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FIVE NEW YORK KNICKERBOCKERS, Petitioner, No. B262759 (W.C.A.B. No. ADJ7993918)
Filed 11/5/13 Mann v. Hernandez CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified
Filed 2/19/10 Vince v. City of Orange CA4/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified
Docket No. 107472. IN THE SUPREME COURT OF THE STATE OF ILLINOIS ZURICH AMERICAN INSURANCE COMPANY, Appellant, v. KEY CARTAGE, INC., et al. Appellees. Opinion filed October 29, 2009. JUSTICE BURKE delivered
Filed 5/5/15 Jensen v. Krauss CA5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
AUGUST 26, 2005 Plaintiff s Lawyers Bullish On Merrill Lynch: Brokerage Firm Agrees To Pay $37 Million To Settle Overtime Claims By Stockbroker By Dale A. Hudson In a settlement that may well be a harbinger
Illinois Official Reports Appellate Court Earl v. Decatur Public Schools Board of Education, 2015 IL App (4th) 141111 Appellate Court Caption SHARI L. EARL, as Parent and Guardian of A.B., a Minor, Plaintiff-Appellant,
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA THE PRUDENTIAL INSURANCE : COMPANY of AMERICA, : CIVIL ACTION Plaintiff : : v. : NO. 04-462 : PAUL M. PRUSKY, : STEVEN G. PRUSKY,
Illinois Official Reports Appellate Court Huizenga v. Auto-Owners Insurance, 2014 IL App (3d) 120937 Appellate Court Caption DAVID HUIZENGA and BRENDA HUIZENGA, Plaintiffs- Appellants, v. AUTO-OWNERS INSURANCE,
COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION 2002 WI App 237 Case No.: 02-0261 Complete Title of Case: KENNETH A. FOLKMAN, SR., DEBRA J. FOLKMAN AND KENNETH A. FOLKMAN, JR., Petition for Review filed.
NO. CV 11 6010197 JEFFERSON ALLEN, EVITA ALLEN : SUPERIOR COURT : TAX SESSION v. : JUDICIAL DISTRICT OF : NEW BRITAIN KEVIN SULLIVAN, COMMISSIONER OF REVENUE SERVICES : APRIL 29, 2015 MEMORANDUM OF DECISION
Filed 8/18/15 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO RSL FUNDING, LLC, Plaintiff and Respondent, E060421 v. FELICIA ALFORD, (Super.Ct.No.
2001 WI App 12 COURT OF APPEALS OF WISCONSIN PUBLISHED OPINION Case No.: 00-0950 Complete Title of Case: ALICIA DANIELSON, V. PLAINTIFF-APPELLANT, ANDREA H. GASPER, ABC INSURANCE COMPANY, AND WISCONSIN
Filed 5/19/97 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff and Respondent, 2d Civil
COURT OF APPEAL STATE OF CALIFORNIA FIRST APPELLATE DISTRICT, DIVISION FIVE CITY AND COUNTY OF SAN FRANCISCO vs. Appellant, INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 39 From an Order of the San
Filed 2/2/16 P. v. Moore CA4/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication
NOTICE OF CLASS ACTION SETTLEMENT California Superior Court, County of Los Angeles IF FIRE INSURANCE EXCHANGE APPLIED DEPRECIATION WHEN CALCULATING A PAYMENT MADE TO YOU ON A PROPERTY LOSS INSURANCE CLAIM,
Public Land and Resources Law Review Volume 0 Fall 2013 Case Summaries Anderson Brothers, Inc. v. St. Paul Fire and Marine Insurance Co. Katelyn J. Hepburn University of Montana School of Law, email@example.com
2016 IL App (1st) 133918-U No. 1-13-3918 SIXTH DIVISION May 6, 2016 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CHRISTOPHER AYDEN BREWSTER, individually, Plaintiff-Appellant, v. SUN TRUST MORTGAGE, INC., Defendant, No. 12-56560 D.C. No. 3:12-cv-00448-
Filed 10/29/10 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE LUCY VUKI et al., Petitioners, v. THE SUPERIOR COURT OF ORANGE COUNTY,
Cited As of: April 28, 2014 1:24 PM EDT R&R Pipeline, Inc. v. Bond Safeguard Ins. Co. Court of Appeal of California, Second Appellate District, Division Five January 27, 2014, Opinion Filed B246974 Reporter:
Filed 7/1/08 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO GUADALUPE ESPERICUENTA, a Minor, etc., et al., Plaintiffs and Appellants,
Filed 11/2/07 Certified for Publication SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO APPELLATE DIVISION THE PEOPLE, Plaintiff and Respondent, v. SANDRA A. BINKOWSKI, Defendant and
Filed 1/30/13 CERTIFIED FOR PUBLICATION in THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR COUNTY OF ALAMEDA, Petitioner, A135889 THE WORKERS COMPENSATION (WCAB No.
Filed 9/30/03 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, Petitioner, C042641 (Super.
Filed 1/5/11; pub. order 1/27/11 (see end of opn.) IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE IRENE TROVATO, Plaintiff and Appellant, v. BECKMAN COULTER,
NO. CV 01 0506140S : SUPERIOR COURT RENAISSANCE MANAGEMENT : TAX SESSION COMPANY, INC. : JUDICIAL DISTRICT OF v. : NEW BRITAIN COMMISSIONER OF REVENUE SERVICES : SEPTEMBER 30, 2002 MEMORANDUM OF DECISION
Illinois Official Reports Appellate Court United States Liability Insurance Co. v. Department of Insurance, 2014 IL App (4th) 121125 Appellate Court Caption UNITED STATES LIABILITY INSURANCE COMPANY; NATIONAL
Case: 14-10001 Date Filed: 02/14/2014 Page: 1 of 13 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 14-10001 Non-Argument Calendar D.C. Docket No. 0:13-cv-61759-WPD SOUTH FLORIDA
PURSUANT TO INTERNAL REVENUE CODE SECTION 7463(b),THIS OPINION MAY NOT BE TREATED AS PRECEDENT FOR ANY OTHER CASE. T.C. Summary Opinion 2001-156 UNITED STATES TAX COURT RONALD W. RAMEY AND JONI J. RAMEY,
Judgment rendered July 1, 2015. Application for rehearing may be filed within the delay allowed by Art. 2166, La. C.C.P. NO. 49,958-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * * DANNY
A&E Briefings Structuring risk management solutions Spring 2012 Indemnification Clauses: Uninsurable Contractual Liability J. Kent Holland, J.D. ConstructionRisk, LLC Professional consultants are judged
Filed 8/12/13 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR PROGRESSIVE CHOICE INSURANCE COMPANY, Plaintiff and Respondent, B242429
WORKERS COMPENSATION BASICS COORDINATION OF BENEFITS Hank Patterson Patterson Harkavy LLP Chapel Hill, North Carolina September 19, 2011 I. Introduction A comprehensive knowledge of government and private
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA PROGRESSIVE AMERICAN INSURANCE COMPANY, CASE NO.: 2014-CV-000079-A-O Lower Case No.: 2012-SC-002127-O Appellant, v.
Filed 10/9/96 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX VENTURA COUNTY NATIONAL BANK, Plaintiff and Appellant, 2d Civil No. B094467
Attorney Fees Prepared by Whitney L. Teel, Esq. I. Types of Fees The type of fees payable in a workers compensation case depends upon the type of benefit recovered. A. Recovery of Monetary Compensation:
EMPLOYMENT SEC. COMM'N V. C.R. DAVIS CONTRACTING CO., 1969-NMSC-174, 81 N.M. 23, 462 P.2d 608 (S. Ct. 1969) EMPLOYMENT SECURITY COMMISSION OF THE STATE OF NEW MEXICO, and STATE HIGHWAY COMMISSION OF THE
Recover Your Unpaid Wages With the California Labor Commissioner s Office The Labor Commissioner s Office, also called the Division of Labor Standards Enforcement (DLSE), is a part of the California Department
Case :-cv-00-rsm Document Filed 0// Page of UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE CGI TECHNOLOGIES AND SOLUTIONS, INC., in its capacity as sponsor and fiduciary for CGI
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION KIMBERLY D. BOVA, WILLIAM L. BOVA, individually and on behalf of all others similarly situated, Plaintiffs, Civil
HONORABLE MARK W. ARMSTRONG CLERK OF THE COURT C.I. Miller Deputy FILED: ARIZONA STATE DEPARTMENT OF REVENUE EDWINUS M VANVIANEN v. RCM BUSINESS SYSTEMS INC, et al. WILLIAM M KING UNDER ADVISEMENT RULING
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ELAINE L. CHAO, SECRETARY OF LABOR, UNITED STATES DEPARTMENT OF LABOR, Plaintiff-Appellant, v. MID-ATLANTIC INSTALLATION SERVICES, INCORPORATED;
2015 IL App (1st) 141985-U No. 1-14-1985 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).
FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 15 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 26th day of February, 2008, are as follows: PER CURIAM: 2007-CC-1091 FREY PLUMBING
Filed 2/11/15 Estate of Thomson CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified
Title: Current Construction Injury Law in California Issue: Oct Year: 2003 Current Construction Injury Law in California Morgan C. Smith Since the last issue of the Forum dedicated to construction litigation,
Your consent to our cookies if you continue to use this website.