On February 28, 2017, in Vaquero v. Stoneledge Furniture LLC, a California Court of Appeal found that employers are required to separately calculate and pay compensation for rest periods for employees receiving commission based pay. The plaintiffs in Vaquero were commission-based salespeople at a furniture store. Each pay period, they received sales commissions plus, if necessary, a draw against future commissions bringing pay to at least $12.01 for each hour worked in the pay period. Their compensation agreement did not provide for separate compensation for non-sales time or for rest periods. The plaintiffs filed suit alleging failure to provide paid rest periods.
Lisa Singer is a consulting attorney, working in the automotive department of the Los Angeles office.
Lisa has worked as a consultant with Auto Advisory Services for more than three years and a contract attorney with Auto Advisory Legal for nearly two years. She drafts commission pay plans, employee handbooks, job descriptions, warranty documents, and various custom forms relating to vehicle sales or service. She reviews and negotiates dealership agreements with vendors and lenders. Her background also includes assessing and providing guidance regarding lawsuit exposure as well as negotiating settlements of customer complaints and accusations by the DMV and the California Air Resources Board. Lisa creates and implements loss prevention programs designed to promote legal compliance among dealership employees. Also, Lisa has developed and implemented Auto Advisory Services’ Customized Compliance Certification (CCC) program. While heading the CCC program, Lisa creates custom codes of ethics forms for salespeople, sales managers, finance managers, and employees of the business office and service department. As part of the CCC program, Lisa also conducts compliance seminars and numerous legal workshops for dealership managers.
As an attorney and member of the California bar, Lisa previously served as general counsel of the Cush Automotive Group for nearly five years. In that capacity, Lisa handled all legal matters relating to the group.
Life Beyond the Law
Lisa enjoys gardening, hiking, and spending time with her family.
Bar & Court Admissions
University of California, Los Angeles, JD (Order of the Coif) , 1990
University of California, Berkeley, BA, 1986
Blog Posts by Lisa Singer
On Monday, the US Supreme Court ordered the Ninth Circuit to reconsider whether Service Advisors are exempt from overtime under the Fair Labor Standards Act (FLSA). SCOTUS issued its Order with direction to avoid taking the US Department of Labor’s most recent regulations into account, finding the regulations were issued without adequate explanation.
In a 6-2 decision, the Supreme Court vacated the 9th Circuit’s March 2015 decision that service advisors should be eligible to receive overtime compensation under federal law. The Supremes remanded the case to the 9th Circuit to interpret the statute without giving weight to the 2011 regulation. The gist of the now remanded 9th Circuit ruling was that service advisors should not be exempt from overtime under the FLSA, reasoning that DOL’s regulations excluded only salespeople and mechanics, and not service advisors. In today’s decision, the SCOTUS held that it will not give deference to the DOL’s 2011 regulation, which reversed the Department’s prior position. The Court explained that Section 213(b)(10)(A) of the FLSA must be construed without placing controlling weight on the U.S.
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