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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I work as an employee at Precision garage service as a garage

Resolved Question:

I work as an employee at Precision garage service as a garage tech. My hours are 8-6.
I get paid a sliding scale commission based on call average. I am required to do recall work at my own expense even not my own. I drive a company truck. I add $9.95 to invoice to pay for my gas. It pays only 70-75% of gas expense. Also I am on call one day a week and sometimes work 14-16 hours. No sale, no money. How legal is this? Half the time jobs are
set by call center at a discount. I do all the tech work myself, yet I am classified as a salesman. Should I be getting full reimbursement for gas and travel time doesn't count for hours, only time at job sites. I work 10 hours and site times equal 5-6. I am in California.
Thanks
David J Kozisek
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

Normally you must be principally involved in selling the employer's product to be paid commissions, so if the tech work is a substantial part of your job, then you should be paid hourly for that time normally.

File a complaint with the state labor board if you believe you are not being paid properly.

Here is a link to file a complaint:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

In addition, you must be reimbursed for all of your employment-related expenses, which can also be investigated by the labor board.

Here is a link with more information on this issue:

http://kindsvater.com/employ/mileage.html

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Customer: replied 5 years ago.
The answer to the reimbursement does not make sense to me. I am driving a company truck, so wouldn't I get reimbursed by gas receipts and such? Not mileage? And what of call backs and doing repairs of others for free? Is there a definitive definition of Outside salesman and/or technician?
Thanks for your help.
Dave
Expert:  Tina replied 5 years ago.
The law requires that you be paid for all employment related expenses normally, so if you are only being reimbursed a percentage of your expenses, you should seek payment for the remainder.

There is not a black and white definition of a commissioned employee, but work that is incidental to selling can normally be paid by commission. If you perform work that is not merely incidental to your sales job, you should normally be paid hourly for those tasks.

Here is a link with more information:

http://www.harriskaufman.com/californiacommissionswages.htm

Customer: replied 5 years ago.
And what of call backs and doing repairs of others for free?
Thanks for your help.
Dave
Expert:  Tina replied 5 years ago.
If these are not incidental to the sales job, as they do not appear to be, then you should be paid hourly under the law typically.

Customer: replied 5 years ago.
Thank you for your time!

Dave
Expert:  Tina replied 5 years ago.
You are very welcome Dave. It does appear there are multiple issues here that should be investigated by the labor board and the employer compelled to comply with the law.

All the best to you!

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