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PEABODY v. TIME WARNER CABLE, INC.

No. S204804.

59 Cal.4th 662 (2014)

174 Cal. Rptr. 3d 287

328 P.3d 1028

SUSAN J. PEABODY, Plaintiff and Appellant, v. TIME WARNER CABLE, INC., Defendant and Respondent.

Supreme Court of California.

July 14, 2014.

Attorney(s) appearing for the Case

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.

OPINION

CORRIGAN, J. —

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...

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