Is it illeagal for my employer to claim some of my wages as commission if it is not?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it illeagal for my employer to claim some of my wages as commission if it is not?

According to my pay stubs, I get paid $10 per hour and $60 for commission pay. It is not commission, this is how they gave me a raise. $2 more an hour but my overtime hours reflects that of my base pay. I work overtime every week. Is this legal for them to do?

Asked on March 6, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If it wasn't for the fact that your base pay is used to calculate overtime, this really wouldn't matter: commison pay and wages are treated alike for tax purposes, for example. But because your base pay is used to calculate overtime, it is important: the law (e.g. the Fair Labor Standards Act, or FLSA) requires employers to accurately track and pay overtime. If they are not paying you the correct overtime because they are improperly considering some of your base pay to be commission, they are violating the wage and hour law. You could contact your state or the federal department of labor to file a wage and hour complaint, and/or sue the employer (e.g. in small claims court) for the unpaid overtime.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption