In 2011, plaintiff Mark Philpott, an estimator for Midwest Roofing and Solar Corp., voluntarily left the company. Philpott had been compensated via a commission-based contract, but he claimed he was not paid commissions owed to him for 15 jobs. He claimed that as a result, he was also owed a waiting time penalty. Philpott sued Midwest Roofing and Solar Corp.; Midwest Roofing Co. Inc.; and Darren Tangen, the companies’ president and Chief Executive Officer. Philpott alleged the defendants owed him for unpaid wages. The matter was scheduled for a bench trial, but three months before trial, the defendants unilaterally paid Philpott $3,875, which was the full amount of commissions demanded on 11 of the 15 jobs alleged. Thus, the matter continued to trial on the issues of the amount of commission owed, if any, for the four remaining jobs and the amount, if any, of a waiting time penalty pursuant to Labor Code § 203. At the commencement of trial, the defendants conceded that a 30-day waiting time penalty was owed, and stipulated that the amount of the penalty was $13,380. Defense counsel then argued that Philpott was not owed any alleged unpaid commissions on the remaining four jobs in question. Counsel contended that the commission contract had a forfeiture clause that allowed the defendants to withhold all commissions if a job was not paid in full or did not make a 30 percent profit., Philpott sought recovery of $50,282 in total unpaid commissions for the four remaining jobs in dispute. He also sought recovery of an additional $13,380 in waiting time penalties against the two corporate defendants. Defense counsel conceded that Philpott was entitled to a waiting time penalty in the amount of $13,380, but argued that Philpott was owed no further commissions on the four remaining jobs in dispute.