Illegal to pay more than 6 commission on construction sales

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Illegal to pay more than 6 commission on construction sales

My employer is stating that it is illegal for him to pay more than 6 on
commission on construction jobs that i’ve signed for him. I’ve landed all his
current jobs, and he hasn’t paid me a dime in commission.

Asked on October 12, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

IF there was an agreement between you and the employer (even an oral, or unwritten one--though as you can imagine, it can be more difficult to prove the existence of and terms of an oral agreement) that he would pay you a commission, he must pay you whatever commission was agreed to between the two of you. If he does not, you could sue him for the money for breach of contract: for violating the agreement to pay you for the work you did in landing or closing sales.
However, if there was no agreement for commissions made prior to you landing the sales, he does not have to pay you: there is no law requiring that employees earn commissions for sales, and many employees help get sales without being commissioned. Also, the employer, not the employee, defines the job and what the employee must do to earn his/her salary or wages, so the employer could legally add helping on sales, etc. to your job description without paying you more.


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