can your employer lower your commission rate while adding to your schedule?

I have been paid 30 commission with a schedule of mon-fri 8-5 for the
last 4 years. I get to work this morning and my employer says hes
lowering my commission to 25 and now i have to be on call nights and
weekends. Is that legal?

Asked on August 17, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It is legal unless you have a still-in-effect (not expired or terminated) written employment contract guarantying you your commission and hours for some set or fixed period of time (e.g. a one-year, two-year, fie-year, etc. contract). If you do, the employer cannot change either in violation of the contract. If you don't have such a contract however, the employer may alter your hours and commission at any time, for any reason, at wll, and can make you work harder for less money; that is a consequence of "employment at will" (you don't have a right to a job), which is the law of this country except when there is a contract to the contrary.

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