Is it illeagal for my employer to claim some of my wages as commission if it is not?
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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 7 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.
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