Under California law, an employer must disclose the terms of a commission agreement in writing. While a commission may sometimes be referred to as a ‘bonus’ they are different from bonuses in that their payment is not optional for the employer — if a commission is earned, it must be paid.
Once an employee has fulfilled all of the requirements for earning a commission, the employer has no choice but to pay that commission. An employer cannot refuse to pay a commission because, for example, the employer is not happy with the employee’s overall performance. The employer cannot also unilaterally decide to take deductions from the commission that were never disclosed in the commission agreement.
Finally, it’s worth noting that salespersons who work at their employer’s place of business, i.e. inside sales employees, must be paid at least the minimum wage and must be afforded meal and rest breaks just like all other non-exempt employees. With rest breaks in particular, employers often fail to provide them to their inside sales employees, resulting in a violation of California law.
KLF's employment attorneys work with you to determine whether your employer wrongfully failed to pay required commissions. If your rights have been violated, your employer may owe you compensation. We negotiate on your behalf and file a lawsuit as necessary. If we find that your employer also has violated the rights of your coworkers, we may be able to help them, too.
Contact us regardless of whether or not you are confident that your employer broke the law. And no amount of unpaid commission is too small — if your employer benefited from your work, you deserve to be paid properly. Based in Glendale, we represent employees in the Los Angeles area and throughout California. All consultations are free and confidential.
If you would like to discuss a commission issue, we encourage you to get in touch by emailing firstname.lastname@example.org or calling the firm at (818) 221-2800. If your employment rights have been violated, we can help. All consultations are free and confidential.