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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4871
Experience:  Extensive experience representing employees and management
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Employee classified as Contractor. How do I calculate how

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Employee classified as Contractor.
How do I calculate how much an employer owes me that hired me as a contractor but treated me like an employee. I was a Sales rep and was required to drive 5=6K miles a month to go to peoples houses and sell them contracting services for home improvement. The company required me to stay overnight when out of town. When I sold a job I was to receive a commission of 8% or so. Although I did everything I was supposed to do and sold more than most anyone in the US doing the same work, I was fired.
I worked from 7AM to 10Pm and sometimes till 1:00 am in peoples houses selling. My appointments were set by the company with the first one at 10AM and the last at 7-8PM each appointment took 3-7 hours. I worked 6-7 days a week. I had to use my own car and spend my own $ for gas and lodging and food. I earned $35K in commissions in 45 days. But they refuse to pay me till they get paid and will not give accurate accounting of whats paid and whats not. They didnt pay me when they fired me and although they have paid some over the last month or so, they still owe me over $10K
I want to file a complaint with the labor board, but I want to make sure i know how to calculate the wages vs commissions. Or will I be entitled to both. Its clear that they misclassified me as I have already gotten an answer on that from JustAnswers. If I go after wadges, How much would I be entitled to? And if I go for wages will I lose the commissions. What rate for wages? My usual earnings when I was employed by a legitimate company were over $150K/year+40%bonus.
Submitted: 8 months ago.
Category: California Employment Law
Expert:  Joseph replied 8 months ago.
Hello and welcome to JustAnswer,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

If you didn't receive a rate for wages, then they will assume that you would make at least minimum wage. So you would receive at least minimum wage per hour plus all the overtime (including double time for hours worked in excess of 12 in a day). You won't lose your claim for commissions if you go after wages either.

On top of that, you would be due a day's wages per day you were required to wait to receive your wages that were due, as well as an additional amount in liquidated (punitive damages) of the amount that you are due for your employer's failure to pay you minimum wage.

Also, as an employee, you would receive reimbursement for all the expenses that you paid in furtherance of your job, including mileage reimbursement.



I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service.

If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service) so I get credit for my work. I put significant time and effort into my answers, and DON’T receive anything for my work unless you rate my answer positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Customer: replied 8 months ago.

Hi Joseph,


Im a highly compensated individual. I usually earn a base of over 125K. Salespeople of the caliber neccessary to sell the product would cost at least $20/hour. So since the company mistreats and abuses all the sales reps, they do not have a rate for wages for that role by the hour, just a representation that one can make >100K. Other staff in the company are on hourly and their wages for expierenced staff are in the $20 range. Would they impute somesort of wage based on what the job is worth, or perhaps that of what a telemarketer earns, or what an office staff person makes or just minimum since there is no wage assigned by the employer. According to PayScale.com the wage would be between @24K - $70K with up to 10K in bonus and $60K in commission.


So what do you think is the correct amount?

Expert:  Joseph replied 8 months ago.
Hello Greg,

I'm afraid that it is immaterial that you are typically a highly compensated individual and that the rate of compensation in the field in which you work is significantly higher than minimum wage.

Unless you had an agreed upon wage that you were to receive, you are only entitled to receive minimum wage per hour that you work and 1 1/2 or double that for overtime and double time.

However, as I mentioned, you are entitled to an equivalent amount in liquidated damages as well as wage penalties, so total, it could add up to sizable sum, although you may not receive credit for the rate of pay which you should have been compensated at, I'm afraid.


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service.

If not, PLEASE remember to rate my answer POSITIVELY (Excellent Service) so I get credit for my work. I put significant time and effort into my answers, and DON’T receive anything for my work unless you rate my answer positively. It doesn’t cost you anything extra and is necessary even though you’ve made a deposit. Please also rate me highly (10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph
Joseph, Lawyer
Satisfied Customers: 4871
Experience: Extensive experience representing employees and management
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