How much time do they have to pay me?
A: Presumably, all of the commissions earned for sales where there remains nothing further to do in order to bind the purchaser to the sales contract. Example: If you sell a one- year subscription to a magazine, and your deal is that you are paid 2% of the gross magazine price each month of the contract, then if the purchaser accepts that deal, you are entitled to be paid for all 12 months, because ther is nothing remaining left to do under the agreement. Conversely, if the contract states that a customer cancelation under certain circumstances, terminates the customer's obligation to pay, and the customer does so, then so would your commission right terminate.
As you can see, there are an infinite number of possibilities here, and there's no way to know your exact outcome, without reading your sales commission agreement, and the customer agreements that you have sold under.
Am I entitled to all of my future earnings?
A: Impossible to determine without reviewing your sales contract and the customer contracts.
Are commision only workers entitled to California State paid rest periods?
A: A commission salesperson in the merchantile industry (sales of goods: e.g., anything you could buy at Sears), is entitled to a 30 minute meal break after 5 hours of work, and 10 minutes rest for each 4 hours of work. IWC Order 7-2001-7(11)-(12). If you are entirely "outside sales," and in control of managing your workday, then this rule doesn't apply.
What Labor codes can I quote in my letter of resignation what are the penalties if they don't abide?
A: In my first answer, and in this one, I have cited all of the applicable law. However, there is little point in quoting the Labor Code or listing penalties, etc. You're not a lawyer, and your reader won't expect you to know what you're talking about -- nor will the boss bother to review your legal cites. I've never met an employer that gave a rat about what any employee thinks about anything, until there's a summons and complaint sitting on the boss' desk.
The better move may be to file your wage claim with the DLSE
before you quit, keep working, and then let the employer start retaliating against you -- at which point, you can file a second retaliation claim with DLSE, and that may increase your damages against the employer.
Hope this helps.
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