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How Long Does My Employer Have to Pay Me My Commissions After They’re Due?
Employers are generally required to pay all wages, including commissions, in a timely manner. They should be paid on the regular payday for the pay period in which the commissions were earned.
California’s regular payday laws apply to the payment of commissions. Earned commissions must be paid at least twice a calendar month on an employer’s designated paydays.
Commissions earned between the 1st and 15th of the month must be paid no later than the 26th of that month. An employer has until the 10th of the following month to pay all commissions earned between the 16th and the month’s end. There are a few exceptions to this bi-monthly rule.
The timing of commission payments can vary based on the specific terms of the written commission agreement. If the agreement specifies a different payment schedule, then commissions must be paid according to that schedule as long as it complies with state law.
If a worker’s employment ends through a termination, layoff, or resignation, the employer is required to include all their earned commissions in the final paycheck. All commissions that can be reasonably calculated must be paid immediately upon termination if the employee is fired. If the commissions cannot be reasonably calculated at the time of termination, they should be paid as soon as they can be determined.
If you quit with 72 hours’ notice, your commissions must be paid on your last day. They must be paid within 72 hours if you resign without giving notice.
If you suspect your employer is wrongfully delaying the payment of your commissions, reach out to an experienced lawyer. The San Francisco employment attorneys at McCormack Law Firm are dedicated to protecting the rights of workers and holding employers accountable for unpaid wages. Contact us today for a free consultation.
Other Unpaid Wage, Overtime and Commissions FAQ:
- Am I entitled to meal breaks and rest breaks if I am working remotely?
- Are computer programmers and tech workers exempt from overtime?
- Are There Specific Documents or Records Required to Prove Unpaid Commissions?
- Can an employer disclose my immigration status if I file a claim for unpaid wages?
- Can I get fired for claiming overtime pay?
- Can I Take Legal Action Against My Employer For Unpaid Commissions?
- Can my employer change my commission plan or withhold commissions?
- Can my employer fire me for filing a wage claim?
- Can My Employer Withhold Commissions If I Resign or I’m Terminated?
- Can salaried workers earn overtime in California?
- Do I still get overtime if I am a commissioned salesperson?
- Does my employer have to pay me for off-the-clock work?
- Does my employer have to reimburse me for work expenses?
- How can a lawyer help with my claim for unpaid wages?
- How can I protect myself from wage theft?
- How can I tell if I am an independent contractor?
- How do I file a claim for unpaid wages?
- How do I know if I am entitled to overtime pay?
- How do I know if my employer needs to pay me overtime?
- How is overtime pay calculated in California?
- How Long Does My Employer Have to Pay Me My Commissions After They’re Due?
- How much time do I have to file a wage claim in California?
- How much time do I have to file an overtime claim?
- If I receive a salary, am I exempt from overtime?
- If my employment is terminated, is my employer still required to pay me my commissions?
- Is my employer allowed to deduct anything from my paycheck?
- Is my employer allowed to deduct tips from my paycheck?
- Is my employer allowed to withhold my final wages after firing me?
- Is my employer required to pay for my meal break and rest breaks?
- My employer is forcing me to work through meal breaks. What should I do?
- What Are My Rights Regarding My Final Paycheck Once I Quit My Job?
- What are some examples of wage theft?
- What are the main differences between an independent contractor and an employee?
- What Are Unpaid Commissions in California?
- What is an exempt and non-exempt employee?
- What Is Not Considered A Commission?
- What is the minimum wage in California?
- What should I do if I suspect my employer is withholding wages?
- What should I do if my boss asks me to work off the clock?
- What types of damages can I get in a wage claim against my employer?
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This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.
I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.
I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.
I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.
I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.
I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.
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