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What Is Not Considered A Commission?
Not all forms of pay are considered wage commissions. A wage commission typically refers to a compensation plan based on the sale of a product or service, where the employee earns a percentage of the sales they generate. Here are some forms of pay that are generally not considered wage commissions under California law:
- Bonuses: Performance bonuses, discretionary bonuses, and other types of bonuses that are not directly tied to the sale of products or services are not considered commissions. They are often given as rewards or incentives at the employer’s discretion.
- Salary and hourly wages: Regular salary and hourly wages paid to employees for their time worked are not considered commissions. Commissions are typically a form of incentive pay based on sales or other measurable criteria.
- Overtime pay: Additional pay for hours worked beyond the standard workweek is not considered a commission.
- Tips and gratuities: Tips given to workers, particularly in the service industry, are not considered commissions.
- Piece rates: Compensation based on the number of units produced or tasks completed, not linked to sales, does not qualify as commission.
- Per diem or daily stipends: Payments made for work expenses or travel costs are not considered commissions. These are reimbursements or allowances for specific costs incurred by employees.
If you are unsure about how your pay is categorized, it’s best to consult with an employment lawyer. Understanding the distinctions between commissions and other types of wages is crucial for both employers and employees to ensure compliance with California wage laws.
Employers sometimes try to take advantage of workers who are unaware of their rights regarding the payment of commissions. The skilled San Francisco employment lawyers at McCormack Law Firm can help you recover your unpaid wage commissions. 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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