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OSORIO v. THE TILE SHOP, LLC

No. 18-2609.

939 F.3d 847 (2019)

Adriel OSORIO, Plaintiff-Appellant, v. THE TILE SHOP, LLC, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 23, 2019.

Attorney(s) appearing for the Case

Mark Anthony Bulgarelli , PROGRESSIVE LAW GROUP, Evantson, IL, for Plaintiff-Appellant.

Michael D. Karpeles , Attorney, Jonathan H. Claydon , Attorney, GREENBERG TRAURIG, LLP, Chicago, IL, Bryan J. Morben , Attorney, Joseph M. Sokolowski, Esq. , Attorney, FREDRIKSON & BYRON, Minneapolis, MN, for Defendant-Appellee.

Before Sykes, Barrett, and St. Eve, Circuit Judges.

Anyone who has worked in a commissioned sales position knows that earnings are unpredictable. Commissions often fluctuate from one pay period to the next. The Tile Shop, LLC, a specialty retailer of ceramic and stone tile, uses a compensation system designed to smooth the earnings of its commissioned sales staff. The Tile Shop...

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