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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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So I have one more question, are you saying that it would be

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So I have one more question, are you saying that it would be illegal for her to only pay me on paid invoices since I have been paid on the 25th of each following month my commissions regardless of whether the invoice is paid yet? (minus anything that has reached over 90 days)
Thank you very much for your followup question.

If it is your employer's practice to pay commissions upon you making the sales, your wages would be due within 72 hours of you quitting because the wages have already been "earned."

However, if payment to you ordinarily is not made until payment from the sales is received, your commission arguably is not "earned" until that point in time and therefore would not owed to you until payment from the sales is received. Thus, Labor Code 201 would not mandate the payment of your commissions until that point in time.

It really comes down to when the commissions are deemed "wages earned."

Please do not hesitate to let me know if you require further clarification.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

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