On remand, the Court of Appeal affirmed its prior decision -- not impacted by Brinker -- that the recruiters were subject to the commissioned sales exemption because:
- The class members were engaged principally in selling services (slip op. at 12-15);
- The class members' commissions were sufficiently related to the price of those services (slip op. at 16-22); and
- The employer's payment of draws against commissions constituted a bona fide commission system (slip op. at 22-24).
The Court also affirmed its prior decision that the employer had provided the required meal periods to the class members and was under no obligation to ensure that they took their meal periods. Slip op. at 24-25.
The opinion is available here.