Question:

Is it legal to not give a commission check?

by  |  earlier

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Where I work we get paid hourly as well as we get a commission check. The commission depends on the amount of work you produce. This pay check we did not receive a commission check for the amount already promised to us. Do I have legal recourse? I am in the state of California. Thank you.

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3 ANSWERS


  1. If it was agreed ahead of time that they would pay you x percent for commission; they must pay you that.

    If there was no such pre-agreement, they are not required to pay you that.


  2. Do you have a written document from the company saying that they will be paying commission and how it will be calculated? Is the commission based on individual efforts or group efforts? Have you been receiving the commission in the past? Did you ask your manager about it?

  3. are you paid at least minimum wage for the hours worked?

    if you are and the commission is considered a bonus then they do not have to pay it to you. if it is part of your wage then they do. you must make at least minimum wage for every hour worked even when paid commissions. there are exceptions for those paid commissions but those exceptions are limited to just a few jobs that are considered outside sales and/or highly compensated.

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