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Joseph
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Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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can an employer deduct pay from an comission based employee

Resolved Question:

can an employer deduct pay from an comission based employee for uncolected accounts recieveables? can a comission based employee be paid under minimum wage?

Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

No, an employer cannot make deductions from commissions for uncollected accounts recievables. Also, a commissioned based employee, like all other California employees must be paid at least minimum wage.

This means that if you make less than minimum wage from your commissions, your employer must supplement your commissions so you make at lesat $8 on average.

If your employer is trying to make illegal deductions from your commissions or to pay you less than minimum wage, you should file a complaint and/or wage claim against your employer with the California Department of Industrial Relations, which you can do using the forms available online here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
Joseph, Lawyer
Satisfied Customers: 4518
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


if this deducting of wages due to uncollected ar is compnay wide, would it qualify for a class action suite?


 

Expert:  Joseph replied 1 year ago.
Hello Joshua,

Yes, if the deduction from wages due to uncollected accounts receivables is company wide it would qualify for a class action suit, since you would have a group of similarly situated individuals.

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