Commission pay in California has very specific rules. If you work in a position where there are commission incentives, it is important you understand the basics about pay, verbal promises for pay and whether or not you can pursue a claim for unpaid commissions.Righetti • Glugoski, P.C., is an established Bay Area law firm that represents individuals throughout the entire state of California. We focus much of our practice on class action lawsuits and employment-related issues. Our attorneys advocate for individuals/employees who have been wronged by their employer or those who are involved in disputes with a business or employer.
In California, the law varies a little by industry, but generally all commission pay agreements must be done in writing, and the terms of the written agreement can’t change; once the sale has been made or the job has been completed, your employer cannot change the commission plan in an attempt to pay you less than what was promised. Failure to provide a written agreement regarding commission pay is illegal. Also, once a commission is earned then the employer is required to pay the commission even if you stop working for the employer.
The courts look at the language of your commission contract when considering whether or not your employer unfairly denied you commission. All parts of the contract are considered, even the fine print that employees may have skimmed over. Because the details are so important, it is critical to talk to an experienced attorney about your specific situation.
At Righetti • Glugoski, P.C., our lawyers can review your contract language to see if your employer broke the law. We will gather the facts of your case so we can aggressively pursue your claim and protect your interests.
Years of experience have helped us develop in-depth knowledge of wage/hour laws and how they apply to situations involving unpaid sales commission and disputes over commission pay amounts. We help our clients secure the payment they are owed by their employers.
There are lots of ways to get compensation for a job. Some people are paid a salary. Others are paid an hourly wage and others a commission. Still more are paid at piece rate, meaning they’re reimbursed for each piece they complete — each car they repair, service they provide, item they sell, or project they deliver on.
A major problem happens when California employers use piece-rate pay as an excuse to break the law. For example, they fail to pay workers who are waiting around between jobs or they require employees to do other work for which no wages could be earned under the pay plan. They tell their employees they will be reimbursed only for the jobs they complete. If no customers come in, that means long days where periods of time involve no pay.
If you are spending a long time waiting around for customers without getting paid for each and every hour worked, your employer could be breaking the law. California courts have said workers must be paid at least minimum wage for all hours worked in the payroll period, whether the compensation they receive is measured by time, piece, commission or another method. There are a few different ways that overtime pay can be calculated for piece-rate pay.
Seeking legal counsel is the best way to protect your rights. If you have not been paid for overtime work, are being denied overtime pay or have pay stubs that prove you are not being paid minimum wage, you should consult with an attorney at Righetti • Glugoski, P.C.
Our lawyers are familiar with the nuances of piece-rate pay in California, an employee’s rights in a piece-rate pay claim and how to deal with challenges involving employers. We represent both individuals and groups in class action claims involving piece-rate pay.
Please contact our firm and have an immediate, complimentary and private consultation with one of our skilled attorneys to discuss your commission pay. You may call us at 415-983-0900 or 800-447-5549 to get started.