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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 103857
Experience:  20+ Years of Employment Law Experience
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are the laws for commission only employees (payroll deductions,

Resolved Question:

are the laws for commission only employees (payroll deductions, last paycheck witholding)
diffrent than salary or houhly employees? I work for a commission only plumbing company who ,as a condition of employment, made me sign a contract saying any property damage done by the mechanic would be paid by said mechanic. I caused water damage in a home and had to pay $500 I was never given a payroll deduction authorization sheet for me to sign, but found out later they had taken the money out of my paycheck pre tax so it was not listed on my paychek as a deduction. Also I resigned from this company this morning and was told then my last paycheck (we are paid bi-weekly) will be held for a month. I was never told this and believe some prior warning should have been given me. Am I in the wrong or is something funny going on here? Also can they make employees attend mandatory meeting without paying them?
Submitted: 5 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 5 years ago.
No, the laws really are not different, but if they made you sign such an agreement then they can hold you liable (they could do this with hourly and salaried employees as well) and the form you signed would likely be held to be your authorization. As far as not being paid your final check. Commissions are owed to be paid when they are earned in accordance with the employer's policy on payroll but you must be paid at least once a month. Upon termination, the employee must be paid on their next regular pay day all pay owed and if they are not doing so then you can file a complaint with the department of labor's wage and hour division for non-payment of wages. As far as the deduction from pay issue, if the initial agreement you signed about paying for damage did not specify it would be deducted from your pay, this is another complaint you can file with the department of labor because in order to deduct from pay the agreement must specify it would be deducted from pay (you only need to sign something once, but it must specify this).

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Customer: replied 5 years ago.

Above you said commissions are owed to be paid in accordance with the employers policy. The employer said to me today that their policy. I told them I had never seen this in any policies and procedures manual, they would not show me in the manual where it is said. Also and I'm sorry I didn't include this in my previous question but can you employer make you go to a "mandatory" meeting without compensating you?

Expert:  Law Educator, Esq. replied 5 years ago.
I meant in accordance with the policy when you were employed. If their payroll policy is every two weeks then you should be paid on the next regular pay date just as you would if you were still employed.

No under the Fair Labor Standards Act, any mandatory time by the employer must be paid for under the act as an hourly employee, but commissioned employees, as long as their commissions cover at least minimum wage for all hours worked then they are covered.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 103857
Experience: 20+ Years of Employment Law Experience
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