16.  Plaintiff brings this action pursuant to Fed. R. Civ. P. 23 seeking  injunctive and monetary relief for Oracle’s systemic refusal to pay full commissions  earned by sales employees.  A.  Class Definition    17.  The proposed Class consists of all commissioned sales employees who  have been or will be employed by Oracle in California at any time from the date that is  four years before the filing of this Complaint to the present, to whom Oracle issued  revised commission agreements which retroactively applied inferior – i.e. less  remunerative – numeric terms (including but not limited to higher quotas and lower  commission rates) to completed sales.   38.  Defendant Oracle committed the following acts knowingly, intentionally  and willfully.   39.  The Oracle policies, practices and procedures alleged in this Complaint  existed at all relevant times, i.e., going back at least four years from the date of this  Complaint, and they are continuous and ongoing.   40.  Typically, commission wages constitute a significant portion of Oracle  sales employees’ compensation.   41.  When Oracle hires sales employees, it offers and the employees accept  compensation in the form of base salary and commissions.    42.  Oracle  provides  each  sales  employee  with  an  Individualized  Compensation Plan (“Comp Plan”) containing commission rates, sales targets (i.e.,  quotas) and other numeric terms, along with written Terms and Conditions of Incentive  Compensation (“T&C”). The Comp Plan sets forth the formula by which commissions  are to be calculated.   43.  Oracle considers the Comp Plan and the T&C to be the commission  contract required by California Labor Code Section 2751.   44.  The T&C is identical for all Class members.   45.  After an employee starts work in a sales position, Oracle issues the  commission contract to the employee through a process of electronically distributing and  obtaining employee acceptance of the T&C and the Comp Plan.   46.  Oracle requires employees to first click “accept” for the T&C, after which  Oracle then provides the Comp Plan to the employees. Next, employees are asked to click  “accept” for the Comp Plans. Compliance with this acceptance process is required for  employees to be eligible to receive commission payments for past and future work.   77.  Plaintiff re-alleges and incorporates by reference all previous paragraphs.   78.  Plaintiff and Class members earned commission wages within the  meaning of California Labor Code Sections 200 and 204.1.    79.  Oracle has knowingly, intentionally and willfully failed and refused to pay  to Plaintiff and Class members the full and complete amount of the commissions they  earned. Oracle has operated under and continues to operate under a common policy and  plan of failing and refusing to pay full earned commissions through the operation of its  re-plan practices.   92.  Plaintiff re-alleges and incorporates by reference all previous paragraphs.   93.  Plaintiff resigned from Oracle and concluded her employment in July  2014.   94.  At the time of Plaintiff’s separation, Defendant knowingly and willfully  failed to pay Plaintiff all of the commission wages she had earned and which had been  calculated or could be reasonably calculated, as alleged herein and above.   95.  Defendant has operated under and continues to operate under a common  policy and plan of failing and refusing to timely pay unpaid wages owed to Plaintiff and  Class Members whose employment ended, as required by California Labor Code Sections  201 and 202.     97.  Plaintiff re-alleges and incorporates by reference all previous paragraphs.   98.  Defendant is a “person” as defined under California Business &  Professions Code Section 17021.   A.  Oracle’s Sales Commissions Policies, Practices and Procedures   FAILURE TO PAY COMMISSION WAGES IN BREACH OF CALIFORNIA  LABOR CODE AND CONTRACT   (On Behalf of Plaintiff and the Class)   FAILURE TO PAY WAGES UPON SEPARATION   California Labor Code §§ 201, 202, 203  (On Behalf of Plaintiff and the Class)   UNFAIR COMPETITION  California Business & Professions Code §§ 17200 et seq.    (On Behalf of Plaintiff and the Class)  