Koehl v. Verio, Inc.
California Court of Appeal
[CERTIFIED FOR PARTIAL PUBLICATION*]
1Opinion of the Court
Opinion
RICHMAN, J.
Appellants are Jeffrey Koehl, Wendy Lingo, Terrence McCarthy, and John Brehm (when referred to collectively, Appellants), former sales associates at respondent Verio, Inc. (Verio). Appellants’ compensation plans provided for base pay and commissions, which commissions were paid when an order was booked, but which Verio could recover, or charge back, if certain conditions were not met. The fundamental question presented by this appeal is whether the commissions were wages, thus making the chargebacks unlawful under section 221 of the Labor Code. The trial court concluded that…
2Cases cited32 opinions
- Armendariz v. Found. Health Psychcare Servs., Inc.California Supreme Court · 2000
- Crawford v. Southern Pacific Co.California Supreme Court · 1935
- Yamaha Corp. of America v. State Board of EqualizationCalifornia Supreme Court · 1998
- Foreman & Clark Corp. v. FallonCalifornia Supreme Court · 1971
- Nestle v. City of Santa MonicaCalifornia Supreme Court · 1972
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