Can your employer withhold commission checks?

I work at a job that pays hourly, plus commission. Our employer has withheld our

commission/bonus checks for 3 months. Is this allowed?

Asked on February 28, 2016 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it is not allowed. Commissions are subject to certain deductions or offsets which can reduce their amount, such as debits for bad debts, unpaid invoices, returns, etc., but they can't be simply withheld or not paid--whatever the commission amount is, net of any such deductions, should be paid as per the agreement, either written or non-written (i.e. shown by past practice) as to when and how frequently they are paid (that is, they should be paid along their normal schedule).
You can try contacting your state's departmant of labor, to see if they can help you (they help with many wage issues). If they can't, you could sue your employer for the money.


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