Illegal to pay more than 6 commission on construction sales

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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