JEFFREY JOHNSON, et al., Plaintiffs, v. HEWLETT-PACKARD COMPANY, Defendant., 809 F. Supp. 2d 1114

Summary

Though the employer may have underpaid, or paid late, some of its sales representatives, it was entitled to summary judgment in a putative class action brought by sale representatives because they lacked sufficient evidence to create a triable issue, pursuant to Fed. R. Civ. P. 56, as to whether they personally were underpaid or paid late. General evidence of problems in the employer's incentive pay system was insufficient to support breach of contract claims because the sales representatives did not link the problems with actual failure to pay them what they were owed under their contracts.