If you are having a commission or wage dispute with your employer, the Orange County commission pay lawyers at Aegis Law Firm are here to help.
We offer free initial consultations. Call us today at (949) 379-6250 to get started.
If you work on commission, you are entitled to compensation for making sales or completing tasks. In California, commissions are not classified as discretionary, meaning that an employer cannot withhold your payment so long as you met the requirements for commission. In addition to commission, all employees are entitled to a base rate of pay so that they can count on income for the time they worked.
The regulations regarding commission payments can be confusing, and if you are not familiar with them, your employer could take advantage of you and deny you the compensation that you earned.
Your employer is required by law to provide you with a written agreement explaining how the commission system works. This document is usually called a “commission plan” or “commission agreement.” You cannot start work until you have signed this document, so it should be on file with your employer if you no longer have a copy.
You will want to review this document carefully before starting work, as it explains how you will be compensated. If you have questions about the agreement or feel like something is off, you should ask an Orange County employment law attorney to look over it.
All commission agreements must ensure that you receive compensation at least twice a month and that commissions earned within a pay period are applied to the next paycheck – they cannot be withheld.
If you are working more than 40 hours a week, you could be entitled to overtime pay, so long as you qualify as an “inside salesperson” (an employee working inside a retail or service establishment). So long as you are an eligible inside salesperson and work more than 40 hours a week, you should receive overtime pay regardless of your commissions for that pay period.
Inside salespeople are not entitled to overtime if all the following apply:
It’s not always easy to figure out what you should be earning when working on commission. That’s where our team comes in. Our experienced Orange County commission pay lawyers can review your agreement and compensation to ensure you are receiving the pay you deserve. If your employer is not providing you with everything you deserve, we can file a claim and fight to reclaim all the income you were wrongfully denied.