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Do Precedents Nieman Marcus & Barnhill v Saunders Still Prevail in 2010 California

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  • Do Precedents Nieman Marcus & Barnhill v Saunders Still Prevail in 2010 California

    Sorry, I posted this New Question earlier and erroneously in the middle of someone elses thread. My Bad

    34.4.2 Commission Plans May Not Provide For Deductions From Wages Earned. The Neiman Marcus court held that Labor Code § 221 has been interpreted by th e California courts to prohibit deductions from an employee’s wages for cash shortages, breakage, loss of equipment, and other business losses that may result from the employee’s simple negligence. The court also cited Barnhill v. Saunders (1981) 125 Cal.App. d ; 177 Cal.Rptr. 803, which held that deductions of this nature would, as the DLSE has long held, “unjustifiably provide employers with self-help remedies that are not available to other creditors.” Such deductions, the court further noted, contravene the public policy expressed in sections 400 through 410 of the Labor Code.
    It is June 2010. Do California courts and CA DLSE still rely on these precedents. I thought I had read that if the Employer/Employee Comp Agreement spells our in detail Commission Charge Backs as allowable AND the employee signs the Agreement, then the employer may charge back the commissions paid if the customer does not pay their bill.

    If the later is the case, my question then becomes, "In order for the employer to charge back commissions once paid, must the Employer have on file a copy of the Comp Agreement with an actual signature of the employee?"

    Also, "If an employee signature IS required, and the employee never signed the agreement, and the
    Employer has been charging back several commissions over the past year, can the employee win a Wage Claim requiring the Employer to repay the charge backs to the employee?"

    Is there a statute of limitations as to how far back an Employee can make a Wage Claim?

    Thanks for any Current advice in answering the above questions.

  • #2
    I can give you a pointer to the CA-DLSE manual. That would be current as far as CA-DLSE is concerned.

    http://www.dir.ca.gov/dlse/Manual-Instructions.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      It was answered where you posted it earlier.

      PS I went ahead & deleted your duplicate post from the other thread & moved the answer by DAW here.
      Last edited by Betty3; 06-28-2010, 12:19 PM. Reason: add PS
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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