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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I work for an hourly rate and commission. I was hurt on the

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I work for an hourly rate and commission. I was hurt on the job in January and now they decide I need surgery. I will be off apprx. 2 weeks. My questions are: Is my commission figured in to decide my weekly amount and... my commission earned in June, (which is the month I will be off for 2 weeks) can they withhold it in July?
Hello and thank you for entrusting me to answer your question. I am very sorry to hear about your injury and the need for surgery.

Can you please explain what you mean here: "Is my commission figured in to decide my weekly amount..."

I look forward to assisting you.
Customer: replied 4 years ago.
I get paid one check twice a month, my commission on sales that I have done and my hourly base pay. Does workmans comp use the total pay or just the hourly pay? For example, my gross pay would be $1700. of that amount $1000. would be commission. What does work comp use to determine my benefit pay when I am off work,
Thank you very much for your reply.

Regretfully, I must opt out of this question in favor of other experts. Please do not respond to this message, as it will delay a response from someone else. Very best regards.
Hello and welcome,

I would be happy to assist you.

The insurer would typically pay 2/3 of your most recent regular weekly wage, including commissions, to calculate your benefits, such to state maximums.

Here is a link that provides more information on this:

http://sites.laverne.edu/risk-management/files/2011/02/7-CE-10115-Workers-Compensation-Benefit-Overview-California.pdf

Your regular commissions due must normally be paid when they are due and cannot be withheld by your employer or they risk having penalties assessed against them by the state labor board.

I hope you found my answer helpful, even if the law is not in your favor. I would be happy to clarify my answer if anything is not clear or you are looking for additional information. All the best to you!



Tina, Attorney
Satisfied Customers: 33167
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.
So if I am off for 2 weeks in June, they cannot hold my commission in July ( I am paid commission for the previous months sales)or hold my commissions while I am off?
No, they must pay you on the date you would have otherwise been paid and cannot withhold it because you are currently unable to work. If they do, file a wage claim with the state labor board.

Good luck to you!

Tina, Attorney
Satisfied Customers: 33167
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
Tina and other California Employment Law Specialists are ready to help you