Hudgins

Appellant Kirby Hudgins (hereafter appellant or Hudgins) seeks review of a judgment entered upon stipulated facts presented in connection with the parties’ cross-motions for summary judgment. After a long and tortuous series of proceedings—involving first an order granting appellant’s motion, then a mistaken issuance of an order granting the motion of respondent Neiman Marcus Group, Inc. (hereafter respondent or Neiman Marcus), a motion for clarification, a second order granting appellant’s motion, a motion by respondent for reconsideration, belated intervention by the state Labor Commissioner in support of respondent’s position, and, finally, an order granting respondent’s motion—the San Francisco Superior Court concluded that a policy under which respondent deducts the amount of commissions previously paid for “unidentified returns” on a pro rata basis from the wages of their commissioned sales associates does not violate Labor Code sections 221 and 400 through 410, or Business and Professions Code section 17200 et seq.

We agree with the trial court that this case presents a difficult question of wage and hour law. The California Division of Labor Standards Enforcement…