Sales Rep Articles

Creating a mess by sweeping one state’s carefully considered rep statute under another state’s rug

In the course of selecting noteworthy judicial decisions involving independent reps to feature in this column, some stand out as significant rep wins with legal principles worth sharing, some comprise notable losses from which lessons can be learned, and some, like the subject of this article, involve haphazard judicial rulings that can devolve into a hot mess.

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What Happens in California Doesn’t Necessarily Stay in California

California has recently enacted a number of new laws that can affect businesses throughout the country, including manufacturers and sales representatives. This multi-part article focuses on two of them: California Assembly Bill 5 (“AB5”), which provides a test to determine if a worker/service provider is an independent contractor or employee, and “Proposition 65,” which addresses environmental and health-related concerns about products sold in California.

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Rep cranks out complete victory

Sales reps who make the difficult decision to take action upon suffering a contract breach oftentimes have to settle for the equivalent of a ground rule double. Perhaps the litigation results in recovering the unpaid sales commissions plus interest, but not the exemplary damages teased under a state statute.

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