Contract Law

Ruling In Favor Of Commissioned Sales Representative

Court of appeals upholds triple judgment award in favor of commissioned sales representative 

The Sales Rep friendly case: Reilly v. Inquest Tech., Inc., 218 Cal. App. 4th 536 (2013)

The Independent Wholesale Sales Representatives Contractual Relations Act of 1990 (“the Act”) was created to protect sales agents/representatives who receive wholesale sales commissions from manufacturers. (See California […]

By |July 3rd, 2015|Contract Law|0 Comments

Indemnification Clause in Representation Contracts

Indemnification Clauses in Representation Contracts
Many clients seek our advice on new contracts they are considering signing with their principals. Since many such contracts include an Indemnification Clause, almost as boilerplate language, our Sales Agent clients often ask: What is an Indemnity Clause, and should I sign a contract containing one?

An Indemnity Clause is a […]

By |June 12th, 2015|Contract Law|0 Comments

Contractual Sales Commissions

Contractual Sales Commissions

Employers and employees alike should be made aware that under California law (originally passed as AB 1396) a written contract is required to define the formula by which an employee’s sales commissions are calculated by the employer.

Section 2751 of the CA Labor Code states:
(a) Whenever an employer enters into a contract of […]

By |May 29th, 2015|Contract Law|0 Comments