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Former CA Circuit City Commissioned Salespeople File Action for Back Pay

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Case ID: 2564 | Employment | 08/30/2004

A class action has been filed against technology merchant Circuit City Stores West Coast, Inc. and its parent Circuit City Stores, Inc. on behalf of all commission-only salespersons who worked at a Circuit City store in California from March 1999 to March 2003, alleging that the company failed to pay them for work they performed as required by California labor law. The action seeks compensatory and punitive damages.

The action alleges that the company routinely required its commission-only employees to undertake unpaid duties that sometimes exceeded 12 hours per week during the four-year period. In February 2003, Circuit City started paying all of its workers by the hour, correcting the problem. Allegedly, it did not pay any of its former commissioned employees for the excess time that they had already worked.

Allegedly, commissioned employees were regularly required to (1) come into the store two to three hours prior to opening to complete inventory activities; (2) go to competitors' stores for comparison shopping, and then enter the prices in the store's computer; (3) attend monthly business meetings; (4) attend online and in-store training sessions, and (5) perform janitorial activities. Many commissioned salespeople allegedly had to work in excess of 60 hours per week to accomplish all these tasks.


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